6510-75-001.pdf

Control 6510-75-001 Project BPM - A00224304 Highway IH 20 County ECTOR

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 BPM - A00224304 Highway IH 20 County ECTOR

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of BRIDGE REPAIR

ECTOR 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:

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 6510-75-001

Project BPM - A00224304

Highway IH 20

County ECTOR

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 6510-75-001 Project BPM - A00224304 Highway IH 20 County ECTOR

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

BPM - A00224304

Proposal Sheet

ECTOR 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.

429 7003

CONC STR REPAIR(DECK REP(PART

DEPTH))

SF 300.000 1 DOLLARS

and CENTS

429 7005

CONC STR REPAIR(DECK REP (FULL

DEPTH))

SF 450.000 2 DOLLARS

and CENTS

429 7007

CONC STR REPAIR (VERTICAL &

OVERHEAD)

SF 1,500.000 3 DOLLARS

and CENTS

500 7002

MOBILIZATION (CALLOUT)

EA 6.000 4 DOLLARS

and CENTS

503 7001

PORTABLE CHANGEABLE MESSAGE SIGN

DAY 75.000 5 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 150.000 6 DOLLARS

and CENTS

778 7001

CONCRETE RAIL REPAIR (IN-KIND)

LF 40.000 7 DOLLARS

and CENTS

788 7001

CONCRETE BEAM REPAIR

EA 10.000 8 DOLLARS

and CENTS

788 7002

CONCRETE BEAM REPAIR (CFRP)

EA 5.000 9 DOLLARS

and CENTS

788 7003

CONCRETE BEAM REP(STRAND SPLICE &

CFRP)

EA 5.000 10 DOLLARS

and CENTS

788 7004

CONCRETE BEAM REP (STRAND SPLICE)

EA 5.000 11 DOLLARS

and CENTS

CERTIFICATION OF INTEREST IN OTHER BID

PROPOSALS FOR THIS WORK

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

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

________ YES

________ NO

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

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

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

ENGINEER SEAL

Project BPM - A00224304

Highway IH 20 County ECTOR

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:

RENTERIA, JOSE ALVINO P.E.

September 16, 2026

Seal Applies to CSJ(s):

All CSJs within the Contract

137506

RENTERIA, JOSE ALVINO

Project Number: RMC 651075001 Control: 6510-75-001

County: ECTOR, ETC. Highway: IH 20, ETC.

General Notes Sheet 2A

GENERAL NOTES:

The work in this contract is for Callout Bridge Structure Repair which may include

Concrete Structure Repair, Concrete Beam Repair, Concrete Beam Repair (CRFP), Concrete Beam Repair (Strand Splice & CRFP) and Concrete Beam Repair (Strand

Splice).

The Area Engineer listed below will be responsible for oversight of this project once the project has been awarded:

Valerie Alvarado, P.E., Odessa Area Engineer

3901 East US Highway 80, Odessa, TX 79761

Phone (432) 498-4771

(Odessa Area Office)

If the bidder has any questions concerning preparation and submission of the proposal forms, contact:

Sergio Miranda, Contract Specialist

3901 E. Highway 80, Odessa, TX 79761

Phone (432) 694-2195

Fax (432) 498-4680

(Odessa District Office)

The Maintenance Supervisors listed below will be the Engineer’s representatives in charge of the inspection of all work done in this contract. The Odessa Maintenance Office shall certify all requests for payments.

Daniel Fierro, Crane Maintenance Supervisor (Crane County)

996 U.S. Highway 385 N., Crane, TX 79731

Phone (432) 558-2711

Fax (432) 558-3750

Tyrone Dingle, Kermit Maintenance Supervisor (Winkler County)

979 County Rd 133, Kermit, TX 79745

Phone (432) 586-3393

Fax (432) 586-2300

Homer Slaughter, Monahans Maintenance Supervisor (Ward County)

3411 S. Stockton, Monahans, TX 79756

Phone (432) 943-3271

Fax (432) 943-9811

General Notes Sheet 2B

Stephen Sandoval, Odessa Maintenance Supervisor (Ector County)

3901 E. Highway 80/2201 E. Loop 338, Odessa, TX 79761

Phone (432) 552-6767

Fax (432) 552-5201

Eric Lopez, Andrews Maintenance Supervisor (Andrews County)

1000 S. Main, Andrews, TX 79714

Phone (432) 523-3010

Fax (432) 524-7906

John Carrasco, Midland Maintenance Supervisor (Midland County)

5100 W. IH 20, Midland, TX 79703

Phone (432) 694-7951

Fax (432) 694-6164

Ramon Reyes, Stanton Maintenance Supervisor (Martin County)

2213 SH 137, Stanton, TX 79782

Phone (432) 756-2140

Fax (432) 756-2239

Manuel Marquez, McCamey Maintenance Supervisor (Upton County)

830 W. 5th, McCamey, TX 79752

Phone (432) 652-8951

Fax (432) 652-8711

Designate in writing the “On the Job Superintendent” authorized to act on behalf of the

Contractor. Perform contract work only when the “On the Job Superintendent” is on the job site.

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

Notify the responsible TxDOT office by telephone by 8:15 A.M. each morning that work is scheduled. Provide work locations and time of arrival or reason for not working that day.

Restore surrounding site features which are damaged during construction operations to a condition as good as or better than that which previously existed. This work is at the

Contractor’s expense.

Minimize vehicles and equipment in construction areas to lessen the impact on existing vegetation. The intent of the plans is to prepare only that portion of the right-of-way necessary for construction. Excess damage to the vegetation in the right-of-way will be repaired at the

Contractor’s expense as directed.

Provide materials from approved sources.

General Notes Sheet 2C

ITEM 2: INSTRUCTION TO BIDDERS

View the plans on-line or download from the web at:

https://www.txdot.gov/business/plans-online-bid-lettings.html

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

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

By signing this proposal, a bidder acknowledges that he/she has a copy of the “Standard

Specifications for Construction of Highways, Streets and Bridges”, adopted by the Texas

Department of Transportation, September 1, 2024. This specification book may be purchased from the Department.

ITEM 4: SCOPE OF WORK

This contract includes non-site-specific work. Multiple concurrent work orders will be issued to procure work of the type identified in the contract at locations that have not yet been determined.

For each repair, the Engineer will determine the work to be done and specify this on the work order issued to the Contractor.

Provide a minimum of twenty-four (24) hour notice prior to performing work to the requesting

Maintenance Section or appropriate contact person. Failure to provide prior notification may result in nonpayment of work performed.

No lane closures on major roadways will be allowed during peak hours unless approved by Area

Engineer. Peak hours are Monday through Friday between 7 am to 9 am and 4 pm to 7 pm.

Work Orders will be classified as Emergency or Routine. Emergency Work Orders will be issued as needed and will take precedence over Routine Work Orders as directed by the

Engineer.

Emergency Work Orders:

Emergency Work Orders will specify a number of days, beginning from notification, to complete the work indicated. Begin work within forty-eight (48) hours of notification. If the Contractor has not begun work within forty-eight (48) hours of notification, the Contractor will be charged liquidated damages at the rate set forth by this contract per day until the Contractor begins work.

Once the Contractor begins work on a Work Order, the work shall be continuously performed until the Work Order is completed. Liquidated damages will begin if the Contractor begins work and leaves before the work is completed and accepted by the Engineer within the days specified on the Work Order.

https://www.txdot.gov/business/plans-online-bid-lettings.html https://www.dot.state.tx.us/business/contractors_consultants/repro_companies.htm

General Notes Sheet 2D

Routine Work Orders:

Routine Work Orders will specify a number of days, beginning from notification, to complete the work indicated. Routine Work Orders will specify Lead Time for Material and Mobilization and a performance period for actual work. Begin and complete work prior to the expiration of the total number of days specified on the Work Order. Liquidated damages will begin if the

Contractor begins work and leaves before the work is completed and accepted by the Engineer within the days specified on the Work Order and/or if the work is not completed and accepted by the Engineer within the days specified on the Work Order.

ITEM 7: LEGAL RELATIONS AND RESPONSIBILITIES

Restrict storage of equipment and materials to approved areas. The Engineer will not approve storage in any TxDOT yard.

Dispose of waste generated from servicing equipment on the project properly.

Existing utilities (public, private and TxDOT) are present throughout the project. Investigate to determine the utility locations and use caution when excavating in those areas.

If access to the project is required through a new or unapproved driveway (i.e. Material sources stockpile location, field office, etc.), obtain an approved “Permit to Construct Access Driveway

Facilities on Highway Right of Way” (TxDOT Form 1058) before beginning any construction operations.

ITEM 8: PROSECUTION AND PROGRESS

The Engineer will give written notice to begin work and will continue for (365) Calendar Days.

Once work has started, prosecute the work continuously to completion.

Maintain ingress and egress to side streets and private property at all times.

Individual work order charge days shall run concurrently with contract time charges.

If the Contractor begins work on the contract and leaves before work is completed, then liquidated damages will begin until the Contractor returns to work. Liquidated damages will be charged as stated in Special Provision 000-224 “Schedule of Liquidated Damages”.

ITEM 429: CONCRETE STRUCTURE REPAIR (VERTICAL OR OVERHEAD)

Concrete Structure Repair is intended to repair cosmetic damage to bridge elements including beams, bents, abutments, and rails on structures. Additional areas including bridge decks may be repaired as directed by the Engineer.

Payment for repair as Concrete Structure Repair will be discussed and agreed upon prior to work commencing.

General Notes Sheet 2E

Concrete Structure Repair will be marked by TXDOT forces prior to the beginning of work and will be measured by the square foot, in place, as measured on the specified horizontal, vertical or overhead surfaces of the completed repair as shown below or by the cubic yard for full element or member replacement. When a repair involves multiple surfaces, such as a corner, measurement will be made of all surfaces repaired. Bridge deck repairs will be measured by the square foot in place of the completed repair.

ITEM 500: MOBILIZATION

Callout work on this contract will be issued by Work Order. The Work Order locations are subject to change depending on District needs. Each Work Order may include multiple roadways within Ector, Crane, Ward, Loving, Winkler, Midland, Stanton, Andrews, and Upton

Counties. Mobilization (Callout) will be paid for per County.

Example: Work Order #1 has one roadway in Ector and two roadways in Midland. A total of two (2) Mobilization (Callouts) will be paid for under Work Order #1.

A Work Order will include the location of each repair, the bid items for the repairs and the approximate quantity of work to be performed.

One mobilization will be paid for per Work Order. Work Orders will include no more than four

(4) locations per Work Order.

ITEM 502: BARRICADES, SIGNS, AND TRAFFIC HANDLING

Furnish, place, and maintain all traffic control devices in accordance with the “Texas Manual on

Uniform Traffic Control Devices” and traffic control standard sheets as specified herein, or as directed. All work zones or construction signs shall be factory made and in satisfactory condition, ditch blocks, and other work as directed.

Erect signs in locations not obstructing the traveling public’s view of the normal roadway signing or necessary sight distance at intersections and curves. Stop equipment for traffic when crossing any traffic lanes. Furnish certified flaggers to warn equipment operators of approaching traffic, unless otherwise directed.

Relocate or remove temporary signs as necessary. This work is considered subsidiary to various bid items.

Remove or cover construction signs not in use. Do not lay down signs.

Use a guardrail damage ahead (CW21-17) sign in advance of a removed section of guardrail.

Use an advanced warning flashing arrow panel for the closing of traffic lanes. Provide one standby unit in good working condition at the job site ready for immediate use. Additional devices may be needed to supplement these requirements.

General Notes Sheet 2F

Keep all barricades and construction signs up and in place until partial acceptance is complete.

Maintain “No Center Stripe”, “Do Not Pass”, and “Pass With Care” signs until the permanent lane markings have been placed and accepted.

Use shoulder drop-off (CW8-9aT) signs during construction when shoulder drop-off conditions are 3 inches or greater or as directed. Placement shall be in accordance with the “Texas Manual

On Uniform Traffic Control Devices”.

Message Boards will be used for advance warning on the closure of entrance/exit ramps.

Place chevrons, at a minimum, on every other drum used for outside of curves, merging tapers, and shifting tapers.

Vertical panels shall be self-righting.

If any pipe runners are removed, plastic drums will be required as illustrated on BC(10)-21.

Additional signs, barricades, and traffic handling may be necessary to complete the work shown herein and will be provided by the Contractor as required and will be considered subsidiary to the various bid items.

ITEM 503: PORTABLE CHANGEABLE MESSAGE SIGN

Portable Changeable Message Signs will be required on any freeway lane closure as shown on

TCP (6-1). Each PCMS will be paid for under Item 0503 7001 PCMS by the DAY.

ITEM 505: TRUCK MOUNTED ATTENUATOR (STATIONARY)

Work site is defined as the locations presented on the Callout Work Request.

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

TCP 2 Series Scenario Required TMA

(2-1)-18 All 1

(2-2)-18 All 1

General Notes Sheet 2G

TCP 6 Series Scenario Required TMA

(6-1)-12 A 1

B 2

(6-2)-12 All 1

(6-3)-12 All 1

(6-4)-12 A 1

B 2

(6-5)-12 A 1

B 2

(6-6)-12 A 1

B 2

Truck-Mounted Attenuators (TMA) must be NCHRP 350 or MASH compliant and will require pre-approval by the Department. The supporting vehicle shall have a minimum gross (i.e.

ballasted) vehicular weight of 20,000 +/- 1,000 pounds.

Truck-Mounted Attenuators (TMA) shall be utilized in accordance with the TCP Series 1.2 and

6. Provide separate attenuators for each work area within a common lane closure as approved or directed by the Engineer. All TCP standards for this contract include channelizing devices and

TMAs. A minimum of one TMA will be required per work location.

Shadow vehicles equipped for Truck-Mounted Attenuators (TMA) for stationary operations will be paid for by the day and must be available for use at any time as determined by the Engineer.

Therefore, two (2) total shadow vehicles with TMAs will be required for this type of work. The

Contractor will be responsible for determining if one or more of these operations will be ongoing at the same time to determine the total number of TMAs needed for the project for those times per plan requirements. Each TMA used will be paid for under Item 0505 7001 TMA

(Stationary) by the day.

ITEM 788: CONCRETE BEAM REPAIR

The Work Order will specify which type of beam repair will be needed. Plans for the Beam

Repair will be provided by TxDOT with the Work Order.

Payment for Concrete Beam Repair will be discussed and agreed upon prior to work commencing.

Concrete Crack Repair, when required, will be subsidiary to Item 788.

General Notes Sheet 2H

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

• Sergio Miranda Sergio.Miranda@txdot.gov

• Gabrielle Osborne Gabrielle.Osborne@txdot.gov

Questions may be submitted via the Letting Pre-Bid Q&A web page. This webpage can be accessed from the Notice to Contractors dashboard located at the following Address:

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

All contractor questions will be reviewed by the Engineer. All questions and any corresponding responses that are generated will be posted through the same Letting Pre-Bid Q&A web page.

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

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

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 : 6510-75-001 Project : BPM - A00224304

ECTOR

IH 20Highway :

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:

CONCRETE STRUCTURE REPAIR(421) (431) (440) (780) ITEM 429

MOBILIZATIONITEM 500

PORTABLE CHANGEABLE MESSAGE SIGNITEM 503

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

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

CONCRETE BEAM REPAIR(424) (429) (441) (780) (786) ITEM 788

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---004) SPECIAL PROVISION TO ITEM 002

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

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

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

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

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

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

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, ◼ reduce the Contractor’s bidding capacity, ◼ prohibit the Contractor from bidding on one or more projects, ◼ immediately suspend the Contractor from bidding for a specified period of time, by reducing the

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

If the Performance Review Committee determines that one or more actions listed above is appropriate, the Committee may recommend that the action or actions also…