REVISED CIZ26-TPW-4000 - RFB Manual.pdf

May 4, 2026

SPECIAL PROVISIONS

AND

Request for Bid

SL 12 at Country Creek Dr. (CSJ 0581-02-158) and

Zang Blvd. at Saner Ave. (CSJ 0918-47-391)

Contract Identifications Number CIZ26-TPW-4000

SL 12 at Country Creek Dr. Federal Project Number:

CM 2027 (012)

Zang Blvd. at Saner Ave. Federal Project Number:

CM 2027 (079)

DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS

CITY OF DALLAS

DALLAS, TEXAS

TRN________________________________________________________________________________

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Engineer's Certification

SL 12 at Country Creek Dr. (CSJ 0581-02-158) and Zang Blvd. at Saner Ave. (CSJ 0918-47-391)

Contract Identification Number CIZ26-TPW-4000

The Engineer's seal and signature on the drawings and technical specifications for this project certifies that these documents were prepared by a Licensed Engineer in the State of Texas. Alteration of a sealed document without proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act .

5/2/zc Date

Docusign Envelope ID: E1479A8F-C651-8C2A-80EA-76062E3EE1E9

DATE:

FINAL PLANS

NAME OF CONTRACTOR:

DATE OF LETTING:

DATE WORK BEGAN:

DATE WORK COMPLETED:

DATE WORK ACCEPTED:

SUMMARY OF CHANGE ORDERS:

END PROJECT

CSJ: 0918-47-391

t ZANG STA 7+17.90

BEGIN PROJECT

CSJ: 0918-47-391

t SANER STA 23+24.77

BEGIN PROJECT

CSJ: 0918-47-391

t ZANG STA 5+24.86

SANER AVE AT

CITY OF DAJLJLAS

-=======ioc:=====-

JPJLANS OF JPROJPOSED

ST A TlE HUGHIW A Y IMJPROVEMENT

FEDERAL AID PROJECT

SL 12 AT COUNTRY CREEK DRIVE, ETC.

DALLAS COUNTY

DESIGN FED. RD.

FEDERAL AID PROJECT NO.

HIGHWAY

PT/BV

DIV. NO. NO.

6 xx XXX <XXXJ xxGRAPHICS

SL 12, ETC.

NS STATE DISTRICT COUNTY

SHEET

NO.

CHECK TEXAS DALLAS DAL

CB

1CHECK

CONTROL SECTION JOB

BV 0581 02 158, ETC.

DESIGN SPEEDS = 30 MPH COUNTRY CREEK DR, SANER AVE

40 MPH ZANG BLVD

50 MPH WALTON WALKER BLVD (SL 12)

FUNCTIONAL CLASSIFICATIONS

URBAN PRINCIPAL ARTERIAL - OTHER: WALTON WALKER BLVD (SL 12)

URBAN MINOR ARTERIAL ZANG BLVD

LOCAL: COUNTRY CREEK DR, SANER AVE

WALTON WALKER BLVD (SL 12)

ADT (2024) 11,405

COUNTRY CREEK DR

ADT (2024) 292

ADT (2044) 15,967

SANER AVE

ADT (2024) 5,141

ADT (2044) 7,197

NOTE:

ADT (2044) 409

ZANG BLVD

ADT (2024) 10,427

ADT (2044) 14,598

SPECIFICATIONS ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION,

SEPTEMBER 1, 2024, AND THE CONTRACT PROVISIONS LISTED AND DATED AS

FOLLOWS SHALL GOVERN ON THIS PROJECT: REQUIRED CONTRACT PROVISIONS

CSJ: 0581-02-158

Federal Project No.: CM 2027 (012)

WALTON WALKER BLVD AT

COUNTRY CREEK DR

PROJECT LENGTH = 911.67 FT = 0. 173 MI

CSJ: 0918-47-391

Federal Project No.: CM 2027 (079)

SANER AVE AT

ZANG BLVD

PROJECT LENGTH = 504.68 FT = 0.096 MI FOR ALL FEDERAL-AID CONSTRUCTION CONTRACTS (FORM FHWA 1273, OCTOBER 23, 2023).

END PROJECT

CSJ: 0918-47-391

TYPE OF WORK: FOR THE CONSTRUCTION OF INTERSECTION AND OPERATIONAL IMPROVEMENTS

CONSISTING OF: CONSTRUCTING INTERSECTION IMPROVEMENTS INCLUDING

LEFT TURN LANES, REALIGNMENT, UPGRADED TRAFFIC

SIGNAL AND PEDESTRIAN CROSSWALKS

Registered Accessibi I ity Specialist (RAS) required. TDLR No. TABS2026014653

DENTON co. I

ADDJSON

COLLIN CO.

----� - HDR Engineering, Inc

Firm Registration No. F-754 17111 Preston Road, Suite 300 Dallas, Texas 75248 972.960.4400 t SANER STA 26+11.55 SUBMITTED

FOR LETTING

inspection

ZANG BLVD PROJECT LIMITS

END PROJECT

CSJ: 0581-02-158

t XCTRY STA 20+52.59

BEGIN PROJECT

CSJ: 0581-02-158

t WAL STA 108+71.06

BEGIN PROJECT

CSJ: 0581-02-158

t XCTRY STA 18+10.95

SANER AVE AT ZANG BLVD

CSJ: 0918-47-391

WALTON WALKER BLVD AT

COUNTRY CREEK DR

CSJ: 0581-02-158

N

END PROJECT

ELLIS CO.

u

IZ

15 '"'

I I

_____ _J

WALTON WALKER BLVD AT

COUNTRY CREEK PROJECT LIMITS

CSJ: 0581-02-158

l WAL STA 117+42.54

EQUATIONS: NONE

EXCEPTIONS: NONE

RAILROAD CROSSINGS: NONE WORK WAS COMPLETED ACCORDING

TO THE PLANS AND CONTRACT.

Signature of Registrant Date

© 2026 by Texas Department of Transportation; a I I rights reserved

CONSULTANT DESIGN ENGINEER OR PROJECT MANAGER

CONCURRENCE: I 06/18/2026 CONCURRENCE: I 06/17/2026 I

IC. 4- ffe� I I Antaiuntdat I �---=-co Ic-=R-=-E�CT�o-=-R-, --cc-=-n=y,----c-oF=-=o..,.,AL,..,.L,..,.A-=-s --� A��lflu'1:i1! R@tfbW,5:-e P\'f) OF DAL LAS

DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION

AND PUBLIC WORKS AND PUBLIC WORKS

TEXAS DEPARTMENT OF TRANSPORTATION

SUBMITTED I 6/18/2026

P. E. I

RECOMMENDED I 6/18/2026 I �O'i','IC!l,, I /� . z.;;k/ ' P.E. I

:ffil!;(ICT!lfflAGW-3 TRANSPORT AT ION

PLANNING & DEVELOPMENT

APPROVED I 6/18/2026

Cl!�lif�:

, P. E.

TRN________________________________________________________________________________

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TABLE OF CONTENTS

1. ADVERTISEMENT FOR BIDS

2. NOTICE TO BIDDERS

3. SECTION A – PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS

4. SPECIAL PROVISIONS

5. SECTION B – TECHNICAL PROVISIONS

6. PROPOSAL FORMS

ADVERTISEMENT FOR BIDS

AND

NOTICE TO BIDDERS

OPS-FRM-606 Rev 1 2021

CITY OF DALLAS

CONSTRUCTION ADVERTISEMENT

REQUEST FOR BIDS

Bids are required to be submitted electronically via the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com by 1:00 PM on Fridays. All bids will be publicly read at 2:00 PM on Fridays and can be viewed on the City of Dallas’ website at www.dallascityhall.com (see City Meetings). Bid title, department, and date of public reading are listed below and on the City of Dallas’ solicitation website at https://dallascityhall.bonfirehub.com. Unless otherwise noted in the description below the bid packet may be obtained from https://dallascityhall.bonfirehub.com.

Submittals will not be accepted after the due date/time and hard copy submittals are not permissible.

CIZ26-TPW-4000 – SL 12 (Walton Walker Blvd) at Country Creek Dr (CSJ 0581-02-158) and Saner Ave at Zang Blvd (CSJ 0918-47-391) Traffic Signal Construction

The Department of Transportation and Public Works is seeking Bids for construction of traffic signals at SL 12 (Walton Walker Blvd) at Country Creek Dr (CSJ 0581-02-158) and Saner Ave at Zang Blvd (CSJ 0918-47-391). Bid packets may be obtained beginning Thursday, September 3, 2026, from https://dallascityhall.bonfirehub.com. All Addenda will be posted to Bonfire. Bids are due at 1:00 p.m. on Friday, September 25, 2026, and will be opened by the City at 2:00 p.m.

on Friday, September 25, 2026. Bid Openings can be viewed on the City of Dallas Webcasting Website (https://dallastx.swagit.com/bid-purchasing).

A Pre-bid meeting will be held at 11:00 a.m. on Tuesday, September 8, 2026, via Microsoft Teams:

https://teams.microsoft.com/meet/23804133168835?p=zQscxn3jqBBURGpWeh

Call-in Information (audio only): 1-469-217-7604; Meeting ID 376 570 702#

Questions Due Date/Time: September 16, 2026 at 5:00 PM Bid Due Date/Time: September 25, 2026, at 1:00 PM Open/Reading Date/Time: September 25, 2026 2:00 PM

Publish three times September 3rd, 10th, and 17th, 2026

COMMODITY CODES: NAICS: 238310, 237310, 237310; NIGP: 96882, 96883, 96882, 96883

FUNDING TO PAY FOR YOUR ADVERTISEMENT

FUND: [0001] AGENCY: [PBW] UNIT: [3049] OBJECT CODE: [3320]

SECTION BELOW FOR OFFICE OF PROCUREMENT SERVICES USE ONLY

Charge to Acct# [####]

PO# ####-#### / DO# #######

https://dallascityhall.bonfirehub.com/ http://www.dallascityhall.com/ https://dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/ https://dallastx.swagit.com/bid-purchasing https://teams.microsoft.com/meet/23804133168835?p=zQscxn3jqBBURGpWeh

NOTICE TO BIDDERS

Your attention is directed to the following information pertinent to the subject bid advertisement:

The City of Dallas specifies The City of Dallas 2021 Addendum to the Public Works

Construction Standards – North Central Texas (COD 2021 Addendum) as published by the

North Central Texas Council of Governments (NCTCOG), November 2017.

CERTIFICATIONS AND ASSURANCES BY PROPOSAL SIGNATURE

Non-Collusion Certification

By signing this proposal, the bidder certifies that the person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit this certification as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. (See

Form 37)

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. (See Form 36)

Lobbying Certification

The bidder is directed to the requirements in Section XI of Form FHWA 1273 regarding the

Use of Contract Funds for Lobbying. By entering a contract, the Contractor certifies that it conforms to the federal requirements regarding the non-use of federal funds for lobbying.

The bidder shall also complete the Lobbying Certification Form and Disclosure of Lobbying

Activities Form.

Non-Segregated Facilities

The bidder is directed to the requirements in Section III of Form FHWA 1273 regarding non-segregation of facilities. By entering a contract, the Contractor certifies that it maintains non-segregated facilities conforming to federal requirements.

Contractor shall obtain the same certification from any subcontractors and material supplier providing $10,000 or greater value to this contract.

Prison-Produced Materials

The bidder is directed to Federal requirements in – 23 CFR 635.417– which prohibits the use of materials produced in a prison facility or by prison labor on federally funded projects for roadways. By entering a contract, the Contractor certifies that it conforms to federal requirements and does not use materials produced in a prison facility or by prison labor.

Contractor shall obtain the same certification from any subcontractors and material supplier providing $10,000 or greater value to this contract.

Disadvantaged Business Enterprises

All DBE certification-related activities are halted until further notice. View DBE Interim Final

Rule Update: https://www.txdot.gov/business/disadvantaged-small-business-enterprise/additional-details-on-dbe-interim-final-ruling.html.

Bidder’s Assurance (Subcontracts – Federal Aid Projects)

By signing this proposal, the contractor is giving assurance that all subcontract agreements will incorporate the Standard Specifications and Special Provisions regarding: “Payment

Provisions for Subcontractors”, all subcontract agreements exceeding $2,000 will incorporate the applicable “Wage Determination Decision”, and, all subcontract agreements of $10,000 or more will incorporate the following provisions:

The bidder is directed to these Special Provisions located elsewhere in this document and incorporated herein:

Special Provision to Item 000 (000-001L) – Nondiscrimination

Special Provision to Item 000 (000-002L) – Certification of Nondiscrimination in Employment

Special Provision to Item 000 (000-007L) – Cargo Preference Act Requirements in Federal Aid

Contracts

Special Provision to Item 000 (000-018L) – Schedule of Liquidated Damages

Special Provision to Item 506 (506-001L) – Temporary Erosion, Sedimentation, and

Environmental Controls

Special Provision to Item 2L (002-003L) – Instructions to Bidders

Special Provision to Item 3L (003-006L) – Award and Execution of Contract

Special Provision to Item 6L (006-009L) – Control of Materials

Form FHWA 1273

“Required Contract Provisions Federal-aid Construction Contracts” (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of $10,000 or more)

Certificate Of Insurance Requirements

No work shall commence before the required insurance has been obtained by the

CONTRACTOR and certificate filed with the OWNER. The CONTRACTOR shall maintain this insurance for the term of the Contract. (See COD 2021 Addendum, Item 103.4 - INSURANCE for details).

The certificate shall have the Transportation Department Contract Number and Project

Title listed. (Both of these items appear on the cover of the bid book and on the advertisement or bids sheet.)

The certificate shall have as certificate holder:

The certificate of insurance shall be delivered to the City Project Manager at 1500 Marilla

Street, Room L1BS. In the event that the CONTRACTOR fails to do the above as specifically instructed, the work on the Contract shall be suspended. If the proper insurance is not furnished to the OWNER within 10 days after the Contract is suspended, the

Contract will be terminated, and the CONTRACTOR shall be declared in default.

No aggregate shall be permitted for the comprehensive automobile and truck liability insurance coverage requirement or for the “umbrella” liability insurance coverage policy identified in the COD 2021 Addendum, Item 103.4 - INSURANCE.

The policy covering “umbrella” liability insurance requirements referenced in the COD 2021

Addendum, Item 103.4 – INSURANCE shall provide “drop down” coverage where underlying primary insurance coverage limits are insuFicient or exhausted.

See Insurance Requirements in Section A.

Examining Documents And Work Locations

The quantities listed in the bid documents are approximate and will be used for the comparison of bids. Payments will be made for actual quantities of work performed in accordance with the Contract. Examine the bid documents and specified work locations before submitting a bid for the work. Submitting a bid will be considered evidence that the

Bidder has performed this examination. Borings, soil profiles, water elevations, and

“Director, Department of Transportation and Public Works” – City of

Dallas 1500 Marilla Street, Room L1BS, Dallas, Texas 75218

Attention: Project Manager – Joseph Marchione, P.E. PTOE underground utilities shown on the plans were obtained for the use of the Owner in the preparation of plans. This information is provided for the Bidder’s information only and the

Owner makes no representation as to the accuracy of the data. Oral explanations, instructions, or consideration for Contractor proposed changes in the bid documents given during the bidding process are not binding. Only requirements included in the bid documents and Owner-issued addenda are binding. Request explanations of documents at least five days prior to the bid opening.

Immediately notify the Owner of any error, omission, or ambiguity discovered in any part of the bid documents. The Owner will issue addenda when appropriate.

Eligibility Of Bidders

Any Contractor intending to bid on this project to be awarded by the City of Dallas is not required to be prequalified by TxDOT.

SECTION A

PROPOSAL REQUIREMENTS

AND

GENERAL CONDITIONS

SECTION A – PROPOSAL REQUIREMENTS AND

GENERAL CONDITIONS

Table of Contents

A1. LOCATION OF PROJECT

A2. DESCRIPTION OF PROJECT

A3. PLANS, SPECIFICATIONS AND DETAILS

A4. NOT USED

A5. CONTRACT TIME

A6. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME

A7. PRE-BID MEETING

A8. MONTHLY CONTRACT BILLING

A9. NOT USED

A10. FEDERAL PREVAILING WAGE RATES

A11. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

A12. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS

A13. NEIGHBORHOOD JOB OPPORTUNITIES

A14. DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS

A15. HAZARDOUS CHEMICALS AT THE JOB SITE

A16. NOT USED

A17. INSPECTION OVERTIME

A18. BIDDER EVALUATION

A19. POST CONSTRUCTION CONTRACTOR EVALUATION

A20. WORKER’S COMPENSATION INSURANCE COVERAGE

A21. INSURANCE REQUIREMENTS

A22. CONSTRUCTION STAKES

A23. MONTHLY QUANTITIES AND TIME CHARGES

A24. GEOTECHNICAL SITE INVESTIGATION & REPORT

A25. PROJECT PARTNERING (NOT USED)

A26. AWARE OF CONTRACT

A27. ENVIRONMENTAL POLICY

A28. CEMENT USE ON PUBLIC PROJECTS – SUSTAINABLE AIR QUALITY

A29. FHWA-1273 – REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION

CONTRACTS

A30. LOBBYING CERTIFICATION

A31. NON-SEGREGATED FACILITIES

A32. BUY AMERICA

A33. PRISON-PRODUCED MATERIALS

A34. FORMS SECTION

A35. PROPOSAL TABULAITON

A36. PROPOSAL PREPARATION

A37. BID EVALUATION

A1. LOCATION OF PROJECT

This project is located in the City of Dallas, at the following locations: SL 12 at Country Creek

Drive and Saner Avenue at Zang Boulevard.

A2. DESCRIPTION OF PROJECT

The Department of Transportation and Public Works is seeking Bids for the complete reconstruction of traEic signals at the following two locations: SL 12 at Country Creek Drive and Saner Avenue at Zang Boulevard.

A3. PLANS, SPECIFICATIONS AND DETAILS

The primary specifications will be TxDOT Standard Specifications for Construction and

Maintenance of Highways, Streets, and Bridges adopted. The secondary specifications will be the Standard Specifications for Public Works Construction, Fifth Edition November 2017, by the North Central Texas Council of Governments, (the Standard Specifications), as amended and as modified by the City of Dallas 2021 Addendum to North Central Texas

Standard Specifications for Public Works Construction, (COD 2021 Addendum). Copies of the Standard Specifications may be purchased by mail or over the counter from the North

Central Texas Council of Governments, 616 Six Flags Drive, P. O. Drawer COG Arlington, Texas 76005-5888, phone 817640-3300. This document is copyrighted.

Plans, profiles, and details, the COD 2021 Addendum and the special provisions are available on the DallasCityHall.com website.

A4. NOT USED

A5. CONTRACT TIME

By the submission of a bid for this work, the Contractor shall evidence and warrant that he is capable and in agreement with performing this work within the allotted Working Days from the date specified in the Work Order.

A total of two hundred thirty-eight (238) Working Days two hundred fifteen (215) Working Days are allowed for the Project.

Standard Workweek: Working days will be charged Monday – Friday, excluding national or State holidays, weather or other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7

hr. between 7:00 A.M. and 6:00 P.M., unless otherwise shown in the Contract. The

Contractor has option of working on Saturdays or State holidays. Provide suEicient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission of the

Engineer. If work requiring an

Amber Ellis Cross-Out

Inspector to be present or critical path activities are performed on a Saturday, Sunday, or holiday, and weather or other conditions permit the performance of work for 7 hr. between 7

A.M. and 6 P.M., a working day will be charged.

A6. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME

The time of completion is the essence of this Contract. For each working day that any work shall remain uncompleted after the time specified in the proposal and the Contract, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract is signed, the sum of $1,000 shall be deducted from the monies due the CONTRACTOR.

The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the

Contract for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amount of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under this Contract; and if said monies be insufficient to cover the amount owing, then the

CONTRACTOR or its surety shall pay any additional amounts due.

In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages.

A7. PRE-BID MEETING

An optional Pre-bid meeting will be held at 11:00 a.m. on Tuesday, September 8, 2026, via

Microsoft Teams:

https://teams.microsoft.com/meet/23804133168835?p=zQscxn3jqBBURGpWeh

Call-in Information (audio only): 1-469-217-7604; Meeting ID 376 570 702#

A8. MONTHLY CONTRACT BILLING

The monthly invoices submitted by the CONTRACTOR shall be in accordance with COD 2021

Addendum 109.5.1 – MONTHLY ESTIMATE, and shall include the Invoice Summary Sheet provided by the OWNER and the other standard forms defined in A 34 - FORMS SECTION.

The Summary Sheet shall be submitted electronically

DDOTaccountspayable@dallascityhall.com.

A9. NOT USED

https://teams.microsoft.com/meet/23804133168835?p=zQscxn3jqBBURGpWeh mailto:DDOTaccountspayable@dallascityhall.com

A10. FEDERAL PREVAILING WAGE RATES

As federal funds are funding this project, all employees directly employed on the project by the Contractor or Subcontractors shall be paid a prevailing wage at or above the Wage rate as set by TxDOT for this area. The Contractor is at liberty to pay any amount over and above the rates called for herein.

The Contractor is directed to form FHWA 1273 and to TxDOT Wage Rates located elsewhere in these contract documents and incorporated herein.

A11. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

All construction contracts entered into by the city involving the expenditure of more than

$10,000.00 of city funds and all contracts for the procurement of goods and competitively bid services involving an expenditure of more than $50,000 of city funds shall incorporate an equal employment opportunity clause, which shall read as follows:

(1) The contractor shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, or national origin. The contractor shall take aEirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, age, color, religion, sex, or national origin. This action shall include, but not be limited to, the following:

(i) employment, upgrading, demotion, or transfer;

(ii) recruitment or recruitment advertising;

(iii) layoE or termination;

(iv) rates of pay or other forms of compensation; and selection for training, including apprenticeship.

(2) The contractor agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the city setting forth the provisions of the nondiscrimination clause described in Subsection (1) of this section.

(3) The contractor shall in all solicitations or advertisements for employees placed by or on behalf of the contractor state that every qualified applicant will receive consideration for employment without regard to race, age, color, religion, sex, or national origin.

(4) The contractor shall furnish all information and reports required by the City

Manager and shall permit the City Manager to investigate the contractor's payrolls and personnel records that pertain to current contracts with the city for purposes of ascertaining compliance with this equal employment opportunity clause.

(5) The contractor shall file compliance reports with the city as may be required by the City Manager. Compliance reports must:

(i) be filed within the required time period;

(ii) contain information as to the employment practices, policies, programs, and statistics of the contractor; and

(iii) be in the form that the City Manager prescribes.

(6) If the Contractor fails to comply with this equal employment opportunity clause, it is agreed that the city at its option, may do either or both of the following:

(i) Cancel, terminate, or suspend the contract in whole or in part.

(ii) Declare the contractor ineligible for further city contracts until the contractor is determined to be in compliance.

Each bidder will be required to comply with Chapter 15B, "Equal Employment Opportunity

Contract Compliance", of the Dallas City Code, as amended.

A12. DISADVANTAGED BUSINESS ENTERPRISE IN FEREADL-AID CONTRACTS

All DBE certification-related activities are halted until further notice. View DBE Interim Final

Rule Update: https://www.txdot.gov/business/disadvantaged-small-business-enterprise/additional-details-on-dbe-interim-final-ruling.html.

A13. NEIGHBORHOOD JOB OPPORTUNITIES

The Bidder certifies by submission of his bid that if awarded the contract the bidder will:

a) Post signs at the job site, providing information on employment opportunities, the location of the employment oEice, the telephone number of the employment oEice, and the name of the contact person.

A14. DRUG-FREE JOBSITE ON CITY CONSTRUCTION PROJECTS

i) In the interest of job safety and to protect the general public, other contractors and the Owner's employees from the consequences of accidents that are caused by worker abuse of controlled substances on City construction projects, the bidder certifies by submission of its bid that it will make a good faith eEort to maintain a drug-free jobsite, and also certifies that to further this objective it will:

(1) Establish a controlled substance abuse program that will test for controlled substance use:

(a) employees utilized by the bidder on this project in safety-sensitive positions; for purposes of this provision, a "safety-sensitive" position is a position performed at the jobsite which, if performed by a person impaired by the eEects of a controlled substance, would or could: (i) pose a serious risk of death or personal injury to the employee, fellow employees or other persons in the vicinity; or (ii) compromise the quality of construction in such manner as would impose a significant public safety risk in the use or operation of the City improvement in question;

(b) employees when there is a reasonable suspicion that an employee is using a controlled substance on the jobsite, or oE the jobsite in a manner that aEects jobsite performance;

(c) employees as part of a voluntary drug testing program; or

(d) employees as part of or as a follow-up to counseling for or rehabilitation from abuse of a controlled substance;

(2) establish a program that will test an employee utilized by the bidder on this project in a safety-sensitive position when there is a reasonable suspicion that the employee is impaired by the eEects of alcohol on the jobsite; for purposes of this provision, a safety-sensitive position is a position performed at the jobsite which, if performed by a person impaired by the eEects of alcohol, would or could: (1) pose a serious risk of death or personal injury to the employee, fellow employees or other persons in the vicinity; or (2) compromise the quality of construction in such manner as would impose a significant public safety risk in the use or operation of the City improvement in question.

(3) publish a statement notifying employees that the unlawful manufacture, distribution, selling, dispensing, possession or use of a controlled substance is prohibited on the jobsite and specifying the actions that will be taken against employees for violations of such prohibitions;

(4) establish a drug-free awareness program to inform employees about the dangers of drug abuse on the jobsite, about the bidder's policy regarding a drug-free jobsite, about available counseling and rehabilitation programs, and about the penalties that may be imposed upon employees for drug abuse violations occurring on the jobsite; and

(5) provide a copy of the statement required by subsection (c) to all employees of the bidder who will be involved in performance of the Contract.

ii) Employees who test positive for controlled substance use in one of the tests conducted pursuant to paragraph I.(a), or who are impaired by the eEects of alcohol on the jobsite pursuant to paragraph I.(b), shall be considered unfit for purposes of Item 108.4 of the Standard Specifications for Public Works

Construction, dated 2004, as amended.

iii) For purposes of Section I. above, the term "controlled substance" means a drug, substance or immediate precursor listed in Schedules I through V of Subchapter

2 or Penalty Groups 1 through 4 of Subchapter 4 of the Controlled Substances Act, Article 4476-15, Texas Revised Civil Statutes.

iv) The bidder shall be solely responsible for the maintenance and administration of the program required in Section I. above. Nothing in these provisions shall be construed on the Owner's part as authorizing, permitting or requiring the bidder to engage in conduct that is in violation of the United States or Texas constitutions, that is otherwise illegal or that otherwise constitutes an unreasonable or unlawful invasion of privacy under Texas or federal law.

A15. HAZARDOUS CHEMICALS AT THE JOB SITE

i) For purposes of this Special Provision, the term "hazardous chemical" means any substance, whether in liquid, solid or gaseous form, that is defined or regulated as a toxic or hazardous substance under any State or Federal law or regulation.

For general information purposes, lists of hazardous chemicals are provided in the following regulations or publications:

(1) 29 CFR 1910.1000, Subpart Z, Toxic and Hazardous Substances (OSHA)

(2) Threshold Limit Values for Chemical Substances and Physical Agents in the

Work Environment (ACGIH)

(3) National Toxicology Program (NTP), Annual Report on Carcinogens

(4) International Agency for Research on Cancer (IARC), Monographs

(5) Regulated by OSHA as a Carcinogen

These lists should not be considered all-inclusive.

ii) The Contractor is solely responsible for the proper use, handling, storage and disposal of all hazardous chemicals in the course of performance of construction work. The Contractor shall fully comply with all applicable State and Federal laws and regulations relating to the use, handling, storage and disposal of hazardous chemicals. The Contractor must comply with the following protocol with respect to hazardous chemicals before commencement of and during construction:

(1) The Contractor shall submit a list of all hazardous chemicals to be used on the site to the City Construction Superintendent describing the intended usage.

(2) The Contractor shall provide a written hazardous communication program to the City in compliance with the OSHA Standard set out in 29 C.F.R. 1910.1200.

(3) The Contractor shall label properly all hazardous chemicals used on the site with appropriate warnings.

(4) The Contractor shall provide Material Safety Data Sheets (MSDS) on all hazardous chemicals to be used on the site, and duplicate copies of the MSDS shall be maintained by the Contractor at the job site for the duration of the project.

(5) The Contractor shall train its employees in the information and implementation of the Written Hazardous Communication Program before the start of construction and before any new hazardous chemicals are introduced into the work site.

(6) All State and Federal laws and regulations shall otherwise apply in the use, storage, handling and disposal of hazardous chemicals.

iii) CONTRACTOR EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE FOR THE

DETERMINATION AS TO WHETHER HAZARDOUS CHEMICALS SHALL ACTUALLY

BE USED ON THE PROJECT SITE, AND FOR ANY RESULT FROM THE USE,

HANDLING, STORAGE OR DISPOSAL OF HAZARDOUS CHEMICALS, AND SHALL

INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS THE OWNER, ITS

OFFICERS, AGENTS AND EMPLOYEES, AND THE ENGINEER AGAINST ANY AND

ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS OR EXPENSES

FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER

HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY

PERSON OR PERSONS, OR FOR VIOLATIONS OF APPLICABLE STATE OR FEDERAL

LAWS OR REGULATIONS RELATING TO THE HAZARDOUS CHEMICALS, AS THE

RESULT OF THE USE, HANDLING, STORAGE OR DISPOSAL OF THE HAZARDOUS

CHEMICALS BY THE CONTRACTOR OR ANY SUBCONTRACTOR OR THE FAILURE

OF THE CONTRACTOR OR ANY SUBCONTRACTOR TO COMPLY WITH THE TERMS

OF THIS SPECIAL PROVISION, REGARDLESS OF WHETHER SAID USE,

HANDLING, STORAGE OR DISPOSAL WAS NEGLIGENT OR NOT, AND

REGARDLESS OF WHETHER THE DAMAGE, INJURY OR VIOLATION WAS

CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER,

ITS OFFICERS, AGENTS OR EMPLOYEES, OR THE ENGINEER. IN THE EVENT OF

CONFLICT WITH ANY OTHER INDEMNITY PARAGRAPH IN THIS CONTRACT, THIS

PARAGRAPH CONTROLS. THIS INDEMNITY PARAGRAPH IS INTENDED SOLELY

FOR THE BENEFIT OF THE PARTIES HERETO AND IS NOT INTENDED TO CREATE

OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER

PERSON OR ENTITY. THE CONTRACTOR SHALL FURNISH THE OWNER AND

ENGINEER WITH EVIDENCE OF INSURANCE SUFFICIENT TO COVER POSSIBLE

DAMAGE OR INJURY, WHICH INSURANCE SHALL EITHER INCLUDE THE OWNER

AND ENGINEER AS ADDITIONAL INSUREDS OR BE OF SUCH CHARACTER AS TO

FULLY PROTECT THE OWNER AND ENGINEER.

A16. NOT USED

A17. INSPECTION OVERTIME

See COD 2021 Addendum.

A18. BIDDER EVALUATION

The evaluation of bids for construction projects will be based on four major areas:

1. The contractor's financial capability to support the project.

2. The contractor's concern for safety as evidenced by OSHA safety record and City staE inspection reports.

3. The contractor's prior performance on City and other projects.

4. The contractor’s concern for environmental stewardship as evidenced by the Environmental Record AEidavit and City staE inspection reports.

(i) Contractor's Financial Capability

For contracts requiring payment and performance bonds, the contractor's financial capability to undertake a project will be determined by the contractor's ability to secure bonding satisfactory to the City and other relevant financial information the City may possess or acquire. Bonding that is satisfactory to the City is limited to those sureties listed in the Federal Register as companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies; the surety must not exceed bonding capacity set by the Department of the Treasury. Sureties are further limited to companies authorized to business in the State of Texas.

(ii) Contractor's Safety Record

The contractor's OSHA Safety record shall reflect no more than six serious violations, none of which may be repeats, or three willful violations, none of which may be repeats, in the preceding three years.

Similar safety violations noted in City construction inspection reports will be considered the same as an OSHA violation.

(iii) Contractor's Prior Performance

The contractor's post construction evaluations on the prior work for the

City must reflect a record of having:

1. A satisfactory record of paying subcontractors and suppliers on time.

2. Provided timely and accurate scheduling information as required by the contract documents.

3. Provided a quality of work consistent with the contract documents.

4. Protected the public during construction of the project.

5. Corrected deficiencies in a timely and satisfactory manner.

6. Responded to warranty problems in a timely and satisfactory manner.

7. Provided insurance updates and notices.

8. Provided subcontractor submittal to the City for approval prior to the start of construction.

9. No record of unsubstantiated or unreasonable claims filed.

10. Completed the project within the time allotted by the contract.

If the contractor has had no prior experience with the City, references relating to past performance will be obtained and verified.

(iv) Contractor’s Environmental Record

Notices of Violation and Notices of Enforcement received by the contractor; and, the compliance history of the contractor will be considered as evidence of their concern for environmental stewardship. The contractor’s record must reflect a satisfactory record of compliance with environmental rules and policy. Similar environmental violations noted in City construction inspection reports will also be considered.

A19. POST CONSTRUCTION CONTRACTOR EVALUATION

A Post Construction Contractor Evaluation must be completed for each project before final payment can be processed. The general process of the evaluation is as follows:

1. The completed documents are public records.

2. City personnel will prepare the evaluation.

3. The evaluation will be provided to the Contractor for review and comment.

4. The evaluation must be submitted with the final payment request.

5. The contractor may respond to the evaluation by oEering a written counter evaluation to the Director of the Department of

Transportation within thirty days of receipt of the City's evaluation.

6. The Director of Transportation may respond in writing to the contractor's counter evaluation within thirty days of receipt of the counter evaluation.

7. All documents will then become part of the permanent project file and the Contractor's Evaluation File.

For a copy of the standard evaluation form used, refer to the Form Section of the Special

Provision.

A20. WORKER’S COMPENSATION INSURANCE COVERAGE

The State requires - Contractors to comply with the following new Rule, 28 -TAC 110.110, eEective September 1, 1994:

A. Definitions:

Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement

(TWCC- 81, TWCC-2, TWCC-83, or TWCC-84.), showing statutory workers’ compensation insurance coverage for the person’s or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.

This includes, without limitation, independent contractors, Subcontractors, leasing companies, motor carriers, - owner-operators, employees of any such entity, or

'employees of any entity which furnishes persons to provide services on the project.

"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project.

"Services" - does not include activities unrelated to the projects, such as food/beverage vendors, oEice supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage 'agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage, has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

a. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage f or all persons providing services on the project; and

b. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if -the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially aEects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

a. provide coverage, based on proper reporting of classification codes and payroll amounts- and filing of any coverage agreements, which meets the statutory requirements of Texas Labor. Code, Section 401.011(44) for all of its employees providing services on -the project, for the duration of the project;

b. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project;

c. provide the contractor, -prior to the end of the coverage period, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends- during the duration of the project;

d. obtain -from each other person with whom contracts, -and provide to the contractor:

i. a certificate of coverage, prior to the other person beginning work on the project; and

ii. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

e. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

f. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially aEects the provision of coverage of -any person -providing services on the project; and

g. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers, compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and, that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation.

Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from-the governmental entity.

A21. INSURANCE REQUIREMENTS

See Form 52 for insurance requirements.

A22. CONSTRUCTION STAKES

See COD 2021 Addendum

Contractor shall provide staking or other methods for laying out the work for the project.

Payment for the staking or layout shall be included in the payment for the appropriate bid items and no additional payment will be made.

A23. MONTHLY QUANTITIES AND TIME CHARGES

A record of the Project Time Charges is to be maintained on a monthly basis or, specifically, between the cutoE dates for the previous and current monthly invoices. Normally, these cutoE dates are the last day of each month. However, it is understood that these dates may vary for a variety of reasons at the written request of the contractor.

The quantities and time charges are to be reconciled and approved by the Contractor, with the City, prior to submittal of the monthly invoice. The following procedure will be utilized in this regard:

(1) The Contractor is to send in their estimated quantities for the month to the

Project Manager in the format required by the City. Note: Quantity Verifications

Sheets are to be prepared daily by the Contractor and must be agreed to and signed oE by the City Inspector prior to submittal being submitted with the

Monthly Invoice.

(2) The Project Manager will review and notify the Contractor of approval of the quantities or note any changes that are requested.

(3) The Project Manager will send a copy of the Monthly Time Statement to the

Contractor.

(4) The Contractor is to call and/or meet with the Project Manager to reconcile any discrepancies in quantities or time charges before the Monthly Invoice is submitted by email to DDOTaccountspayable@dallascityhall.com.

(5) The Contractor is to submit all the items required to be submitted with the

Monthly Invoice to DDOTaccountspayable @dallascityhall com.

Processing of the monthly invoice will be delayed if time charges and quantities are not reconciled prior to submitting to DDOTaccountspayable@dallascityhall.com each month.

See Special Provision A34. FORMS SECTION, for the sample formats.

A24. GEOTECHNICAL SITE INVESTIGATION & REPORT

No geotechnical site investigations were performed for this project.

A25. PROJECT PARTNERING (NOT USED)

A26. AWARE OF CONTRACT

Award will be subject to approval of prices by the City of Dallas Transportation Department.

The OWNER reserves the right to reject any or all bids and to accept or reject any or all schedules. (See Item 3L in this document).

A27. ENVIRONMENTAL POLICY

City contractors/vendors shall review, sign, and submit the Environmental Record AEidavit

(Form 24) as part of the bidder’s proposal.

It is the contractor/vendor’s responsibility to communicate the environmental commitment outlined in this document to its aEected employees and/or subcontractors associated with this work.

Green Purchasing

City contractors/vendors must recognize the importance of exercising positive environmental stewardship while purchasing products for use on City of Dallas contracts.

Purchasing environmentally friendly products can reduce costs, minimize environmental legal requirements, decrease human health concerns, and minimize environmental impacts and risks. There are numerous products on the market today which reduce environmental impacts without additional cost.

The Dallas City Council passed a resolution (04-1722) on May 26, 2004, aEirming that the

City will (1) purchase environmentally preferred products, whenever feasible and (2) require contractors and consultants to use recycled and other environmentally preferred products whenever feasible. For suggestions on product substitution, please contact your City of

Dallas Project Manager, appropriate City of Dallas staE, or the OEice of Environmental

Quality.

Air Quality and Ozone

The City of Dallas is located in a non-attainment area for ozone. Emissions from vehicles and construction equipment exacerbate air quality issues in our region. Contractors may receive information regarding Air Pollution Watch and Warnings by signing up for email notification at www.tceq.state.tx.us. Your bid specifications may also require you to submit a Clean Air

Plan to the City of Dallas for your activities. To every extent possible, Contractors and representatives should comply with the following:

a) Refuel vehicles after 3:00 p.m. or as late in the afternoon as possible. (The only exception to this policy is an emergency response vehicle which may be refueled as necessary to maintain readiness.) DO NOT top oE your fuel tank.

b) Schedule meetings requiring vehicle trips after 10:00 a.m. or as late in the afternoon as possible.

c) Restrict the use of paints, solvents, cleaners, or other chemicals containing volatile organic compounds (VOCs) until after 10:00 a.m.

d) Encourage employees to use public transportation or car pool, when possible, to and from work.

e) Limit idling of all vehicles to less than five minutes. (Note: The City of Dallas passed an “anti-idling” ordinance prohibiting motor vehicles weighing more than 14,000 pounds from idling over five minutes from April 1 – October 31 of any calendar year.

City code pertaining to this ordinance can be referenced in Chapter 5A – 15 and

Chapter 30 -1 of the Dallas City Code.)

Material Safety Data Sheets (MSDS)

The MSDS is used to relay important information concerning a chemical to its user or other interested parties, such as spill responders or fire fighters. MSDSs must be available for review by employees during their work shift, and must be kept at the facility at all times while the chemical is in use or stored at that facility. MSDSs are readily available from the chemical manufacturers or suppliers and generally can be obtained through the manufacturer’s web site.

MSDSs for chemicals used on the City’s property need to be provided to the City of Dallas

Project Manager or appropriate City of Dallas staE before work can begin or before the chemical is brought onsite.

Environmental Notices of Enforcement (NOE) and Notices of Violation (NOV)

The City must be notified of any NOEs or NOVs received in the last three years. Refer to Form

24, Section A-34, for instructions on submitting environmental law violation documents. If a

NOV or NOE is issued while doing City work, then the contractor should let their City of

Dallas Project Manager or appropriate City of Dallas staE know within 24 hours.

Endangered Species

The Endangered Species Act is a regulation program established for the conservation of threatened and endangered plants and animals and the habitats in which they are found.

The U.S. Fish and Wildlife Service of the Department of the Interior maintains the list of 632 endangered species (326 are plants) and 190 threatened species (78 are plants). If an endangered species or nesting birds are uncovered during construction, immediately stop work and notify your City Project Manager or appropriate City of Dallas staE.

Wetland Regulatory…