BID NO DALLAS COUNTY, TEXAS MAJOR CAPITAL IMPROVEMENT PROGRAM

Transcription

1 BID NO DALLAS COUNTY, TEXAS MAJOR CAPITAL IMPROVEMENT PROGRAM CONTRACT & PROPOSAL DOCUMENTS FOR MCIP No SACHSE ROAD From SH-78 to Miles Road In The City of Sachse, Texas & County of Dallas, Texas COMMISSIONER DISTRICT NO. 2

2 THIS PAGE INTENTIONALLY LEFT BLANK. 2 of 448

3 INVITATION FOR BID FOR Contract for Major Capital Improvement Program No Sachse Road from SH-78 to Miles Road SOLICITATION NO.: OPENING/DUE DATE: May 9, 2019 TIME: 2:00 p.m. (CST) FOR FURTHER INFORMATION CALL: MANDATORY PRE-BID CONFERENCE DATE, TIME & LOCATION: PURCHASING CONTACT: AT: Debra Morris April 18, 2:00 p.m. Purchasing Department, 900 Jackson Street, Suite 680 (Founder s Square), Dallas, TX INSTRUCTIONS TO BIDDERS PLEASE READ THE ENTIRE PACKAGE CAREFULLY This page will need to be signed and returned with bid submission. Bids are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this Bid Proposal. Completed SEALED Bid Proposals, ORIGINAL AND ONE (1) COPY, must be received in the Purchasing Department, 900 Jackson St, 6 th Floor, Suite 680, Dallas, Texas 75202, BY 2:00 P.M. ON THE ABOVE "OPENING/DUE DATE". The official time clock will be located in the Purchasing Department. Bids received at 2:01 p.m. and thereafter are Late Bids and will not be accepted, opened nor considered. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. After the official opening, bids may not be amended, altered, or withdrawn without the recommendation of the Purchasing Agent and the approval of the Commissioners' Court. The County is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. The undersigned agrees, if this bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be 150 calendar days unless a different period is noted by bidder. The County reserves the right to accept or reject in part or in whole any bids submitted. The Commissioners Court will award the contract to the responsible bidder who submits the lowest and best bid as determined by Commissioners Court. The Commissioners Court reserves the right to determine compliance and to waive technicalities or irregularities and to make award in the best interest of Dallas County. The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other bidder or to any other person(s) engaged in this type of business prior to the official opening of this bid. And further, that the Manager, Secretary or other agent or officer signing this bid is not and has not been for the past six months directly or indirectly concerned in any pool or agreement or combination to control the price of Supplies, Services or Equipment bid on, or to influence any person to bid or not to bid thereon. **NAME AND ADDRESS OF COMPANY/BIDDER: Company/Firm Name (PRINTED): ALL BIDS MUST BE SIGNED PRIOR TO AWARD Name (PRINTED): Mailing Address: Title: Signature: City/ State: ZIP: Address: Telephone Number: Fax Number: HELP US KEEP OUR VENDOR'S LIST CURRENT FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if removed you will be reinstated upon request. Legal Name, Address and Tax Payer ID number: Bidders are to submit the company s Legal Name as identified by their Federal Tax Certification certificate. Bidders are to complete the attached Federal Form W-9" for verification and filing purposes. Dallas County reserves the right to withhold any invoices and/or payments, without penalties, for documents submitted under a different name/billing address than that identified on the proposal document/award court order or contract. Bid Doc No. 00 Rev 2 3 of 448

4 THIS PAGE INTENTIONALLY LEFT BLANK. 4 of 448

5 BID NO: SACHSE ROAD MCIP From SH-78 to Miles Road Dallas County and City of Sachse, Texas Bidders Review Checklist Documents to be returned with bid submission Copies of Bid Proposal for submission (3 Total) found in Section A: Notice to Contractors, Bid Doc No. 05 Original (copy of all documents Pages 1-448) Sealed envelope marked ORIGINAL Bid No for Sachse Road Project No Copy 1 (Sections A L, Pages 1 115) Sealed envelope marked COPY Bid No for Sachse Road Project No Copy 2 (Sections A L, Pages 1 115) Sealed envelope marked COPY Bid No for Sachse Road Project No Documents to be executed in bid submission. Instructions to Bidders, Bid Doc No. 00 Section A: Bid Proposal Guaranty (certified check, cashier s check, or Bidder s Bond), amount equal to five percent (5%) of total bid amount, made payable to County of Dallas, Texas Section B: Proposal to Bid, Bid Doc No. 07 Section C: Small Business Enterprise, (Pages xx - xx) Section D: Title VI Assurance / Compliance, Bid Doc No. 18 Section E: Disclosure of Interest Parties (Form 1295), Bid Doc No. 20 Section F: Conflict of Interest (Form CIQ), Bid Doc No. 22 Section G: Texas Government Code Chapter 2270 Verification Form Section H: Texas Government Code Chapter 2252 Certification Form Section I: Insurance Requirement Affidavit, Bid Doc No. 24 Section J: W-9 Request for Taxpayer Identification Number & Certification (Form W9) Section K: Proposal Sheets, Bid Doc No. 09 Section L: Bid Summary Sheets, Bid Doc No. 11 Submission Date: May 09, 2019 by 2:00 p.m. Purchasing Department, Attn: Debra Morris, 900 Jackson Street, Suite 680, Dallas, TX Bid Doc No of 448

6 THIS PAGE INTENTIONALLY LEFT BLANK. 6 of 448

7 Please duplicate the enclosed label and affix to the outside of your sealed submittal envelope / package or cut along the outer border and affix this label to the outside of the submittal envelope / package to identify it as a Sealed Bid/Proposal. Be sure to include the name of the company submitting the response where requested. SEALED BID/PROPOSAL DO NOT OPEN Title: Invitation for Bid Contract for Major Capital Improvement Program No Sachse Road from SH-78 to Miles Road Solicitation Number: Due Date and Time: May 09, 2:00 P.M. Submitted By: Company Name: Contact Name: Telephone Number: Contact and Delivery Information Contract Attn: Debra Morris, Contracts Specialist Debra.morris@dallascounty.org Dallas County Purchasing Department Founders Square 900 Jackson Street, 6 th Floor, Suite 680 Dallas, Texas of 448

8 THIS PAGE INTENTIONALLY LEFT BLANK. 8 of 448

9 BID NO: SACHSE ROAD MCIP From SH-78 to Miles Road Dallas County and City of Sachse, Texas Table of Contents Proposal Documents...13 A. Notice to Contractors...15 B. Proposal to Bid...23 C. SBE Requirements...29 D. Title VI Assurance / Compliance...51 E. Disclosure of Interest Parties (HB1295)...57 F. Conflict of Interest (Form CIQ)...63 G. Texas Government Code Chapter 2270 Verification Form...67 H. Texas Government Code Chapter 2252, Certification Form...73 I. Insurance Requirement Affidavit...79 J. W-9 Request for Taxpayer Identification Number & Certification...85 K. Proposal Sheets...91 L. Bid Summary Sheet Contract Documents M. Contract N. Payment, Performance, and Warranty Bonds Contract Specifications O. Local Government General Requirements and Covenants Item 1L: Abbreviations and Definitions Item 2L: Instructions to Bidders Item 3L: Award and Execution of Contract Item 4L: Scope of Work Item 5L: Control of Work Item 6L: Control of Materials Item 7L: Legal Relations and Responsibilities Item 8L: Prosecutions and Progress Item 9L: Measurement and Payment P. Index of Governing Standard Specifications, Special Provisions & Special Specifications.245 Special Provisions Special Specifications Dallas County Technical Specifications Special Specifications City of Sachse Industrial Lighting Manual Bid Doc No. 02 Rev 2 9 of 448

10 THIS PAGE INTENTIONALLY LEFT BLANK. 10 of 448

11 Q. General Notes R. Example Storm Water Pollution Prevention Plan S. Geotechnical Reports of 448

12 THIS PAGE INTENTIONALLY LEFT BLANK. 12 of 448

13 PROPOSAL DOCUMENTS 13 of 448

14 THIS PAGE INTENTIONALLY LEFT BLANK. 14 of 448

15 SECTION A NOTICE TO CONTRACTORS 15 of 448

16 THIS PAGE INTENTIONALLY LEFT BLANK. 16 of 448

17 NOTICE TO CONTRACTORS FOR DALLAS COUNTY MAJOR CAPITAL IMPROVEMENT PROGRAM Sealed original proposals and two copies addressed to Purchasing Agent for construction of the BID No , Sachse Road Project that includes improvements to Sachse Road and 5 th Street, MCIP Project in the City of Sachse, Texas, Dallas County Texas, District 2, will be received at the office of the Dallas County Purchasing Agent, 900 Jackson Street, Suite 680, Dallas, Texas located in the Founder s Square Building, until Two O Clock (2:00) P.M (CST), May 09, 2019, and then publicly opened and read aloud. Note: The Time-Date Stamp Clock located at the front counter of the Dallas County Purchasing Department will serve as the OFFICIAL CLOCK for the purpose of verifying the date and time of receipt of bids. Bid Proposals (one (1) original, clearly marked ORIGINAL ( Pages 1 through 448), and the other two (2) copies, clearly marked COPY (Pages 1 through 115) for a total of three (3) copies) shall be submitted in sealed envelopes marked Bid No for Sachse Road Project No , City of Sachse and County of Dallas, Texas, District No. 2. All bids received will be retained by Dallas County and will not be returned to bidders. The right is reserved by Dallas County to reject any and all proposals or to waive any irregularities in the bid proposal when in the best interests of the County DESCRIPTION OF WORK TO BE DONE The general scope of work is pavement, drainage, water, traffic, signals, sanitary sewer, trail, and sidewalk improvements on Sachse Road and 5 th Street. This construction project is within Dallas County and the City of Sachse, Texas, MCIP Project No and was selected in the Major Improvement Program. There are 360 working days allocated for construction of all improvements. MANDATORY PRE-BID CONFERENCE A MANDATORY PRE-BID CONFERENCE will be held on Thursday, April 18, 2019 at Two O clock (2:00) p.m. (CST) at the Founder s Square Building, Dallas County Purchasing Department located at 900 Jackson Street, Suite 680, Dallas, Texas Attendance at the Pre Bid Conference is mandatory per Court Order All bidders are to attend to discuss the requirements of this bid. It is the responsibility of each bidder to examine the entire bid package, seek clarification in writing, review the plans in detail, visit the project site and review their bid for accuracy before submitting. All verbal responses to questions at the Conference are non binding to County, only responses to written questions that are published and/or responded to by the Dallas County Purchasing Department in written communications will be official. Any oral instructions or information concerning the bid given by Dallas County staff or personnel Bid Doc No. 05 Rev 1 17 of 448

18 THIS PAGE INTENTIONALLY LEFT BLANK. 18 of 448

19 will not bind Dallas County and should not be considered authoritative when assembling responses. The County will not be bound by any information conveyed verbally. CONTRACT DOCUMENTS AND DRAWINGS Detailed plans and specifications of the work may be obtained for a $100 NON- REFUNDABLE FEE at the office of the County Director Public Works at 411 Elm Street, Fourth Floor, Dallas, Texas. Documents may be obtained by mail upon receipt of a separate check in the additional amount of $10.00, which is for postage or handling charges. If the bidder elects to have a courier service pick up plans and contract documents, the courier MUST provide Dallas County with a contact person, phone number and fax number for the bidder on the bidder s letterhead with the proper mailing address indicated. Plans will not be released without said information. Contractor shall provide one original and one copy of all bid proposal submittals. The Engineer shall issue written orders to the Contractor within One Hundred Twenty (120) days after the Contract is fully executed. BID PROPOSAL GUARANTY Each bid proposal submittal shall be accompanied by a certified check, cashier's check, or Bidder's Bond in an amount equal to five percent (5%) of the total bid amount, made payable without recourse to the order of the County of Dallas, Texas. A Payment Bond is required in the amount of one hundred percent (100%) of the contract amount, if the contract amount exceeds $25,000. A Performance Bond is required in the amount of one hundred percent (100%) of the contract amount, if the contract amount exceeds $100,000. COMMUNICATIONS REGARDING THE BID All questions and inquiries regarding the bid must be submitted in writing to Debra Morris, Contract Specialist, by , fax or via mail. The deadlines for submission of questions relating to this bid are listed below. All questions submitted in writing prior to the deadlines will be compiled and answered in writing. All addendums, questions, responses and answers will be posted and made available exclusively on the Dallas County Purchasing Department s website: (Go to the appropriate Bid #, click on the appropriate hyperlink for viewing and/or downloading.) Bidders are solely responsible for frequently checking this website for updates and changes to this bid. Debra.Morris@dallascounty.org Office: Mailing Address: 900 Jackson Street, Suite 680, Dallas, Texas Initial questions regarding this solicitation are to be submitted, in writing, to Debra Morris by 10:00 AM (CST), April 15, These questions will be addressed during the Pre-Bid Conference. Bid Doc No. 05 Rev 1 19 of 448

20 THIS PAGE INTENTIONALLY LEFT BLANK. 20 of 448

21 Contractors will be required to submit, in writing, any additional questions presented at the Pre-Bid Conference and/or after the Conference. Any/all additional questions must be received by 10:00-AM (CST), April 25, All questions submitted in writing prior to the deadline will be complied and answered in writing. Official answers to all written questions will be posted exclusively on the Dallas County Purchasing Department s website: as an amendment to this bid. Dallas County will not be bound by any information conveyed verbally. No oral statements or answers by any person, employee, unit, department, or organization shall be considered binding, cannot modify or otherwise affect the provisions of this bid and / or any contract resulting therefrom. All modifications, changes, addendums, or amendments will be in writing by Dallas County Purchasing Department and shall be considered official and binding. Dallas County reserves the right, as its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification. It is the Bidder s responsibility to review and monitor the Dallas County Purchasing Department s website: on a regular basis during the solicitation process up to the closing due date and time for any updates, amendments, or changes. Dallas County Purchasing Department s website is our primary communication tool for addenda, changes, and updated information regarding this bid. For Technical Assistance in submitting Small Business Enterprise Forms, please contact the Office of Small Business at the following sbe@dallascounty.org. Please reference the Bid/Solicitation Number ( ), Company Name, Representative Name and address on all written communication and correspondence to Dallas County. Bid Doc No. 05 Rev 1 21 of 448

22 THIS PAGE INTENTIONALLY LEFT BLANK. 22 of 448

23 SECTION B PROPOSAL TO BID 23 of 448

24 THIS PAGE INTENTIONALLY LEFT BLANK. 24 of 448

25 DALLAS COUNTY ROAD AND BRIDGE CONSTRUCTION PROPOSAL TO County Judge and Commissioners Court for Construction of Sachse Road Project located from SH-78 to Miles Road, MCIP No , in the City of Sachse and Dallas County, Texas. The undersigned, as bidder(s), declare that the only persons or parties interested in this proposal as principals are those herein named; that this proposal is made without collusion with any other person, firm or corporation; that (s)he/they has/have carefully examined the form of contract; instruction to bidders, profiles, grades, specifications, and the plans therein referred to, and has/had carefully examined the location, conditions and classes of materials of the proposed work; and agree that (s)he/they will provide all necessary machinery, tools, apparatus, and other means of construction, and will do all the work and furnish all materials called for in the contract and specifications, in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done are approximate only, and are intended to serve as a guide in figuring out the bids. It is further agreed that the quantities of work to be done and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or diminished are to be performed at the unit prices set forth below except as provided for in the specifications. NOTE: Unit prices must be given on each item checked in the following schedule, regardless of whether quantities are shown, and should any items be omitted, the right is reserved to apply the lowest prices submitted by other bidders in payment of work done under this proposal. The undersigned agree(s) and pledge(s) himself, themselves to complete the work in full in 360 working days. Time to start within ten (10) days after receipt of Work Order from Director of Public Works. The bond, given by the undersigned, in the amount of dollars, ($ ) to secure a proper compliance with the terms and provisions of this contract, and to insure and guarantee the work until final completion and acceptance, is hereto attached and made a part hereof. Accompanying this proposal is a certified check or Bidder's Bond payable to the order of the County Judge of Dallas County, for: dollars, ($ ). Said check to be returned to the bidder unless in case of the acceptance of the proposal (s)he/they shall fail to execute a contract and file a bond within twenty (20) days of its acceptance, in which case the check is to become the property of said Bid Doc No. 07 Rev 1 25 of 448

26 THIS PAGE INTENTIONALLY LEFT BLANK. 26 of 448

27 County and is to be considered as payment for damages due to delay and other inconveniences suffered by said County on account of the bidders's failure to execute contract. It is understood that the County of Dallas, Texas, reserves the right to reject any and all bids. The work to be done shall be accepted when fully completed to the entire satisfaction of the County Director of Public Works and after having been subject to use for a period of not less than thirty (30) days. The undersigned wishes to list additional work of a similar character completed by him: Pursuant to Sec of the Texas Business Organization Code, non-texas entities, including, but not limited to corporations, limited partnerships, and limited liability companies must have an application for registration filed with the Texas Secretary of State and shall provide to Dallas County a Certificate of Status issued by the Texas Secretary of State that serves as official evidence of the entity s existence or authority to transact business in Texas. To transact business with Dallas County, all entities must be in legal compliance pursuant to applicable laws, and shall provide to Dallas County evidence of said compliance. Specify your firm s Texas Secretary of State Filing Number, Jurisdiction and Formation Date: BIDDER: SIGNED: BY: TITLE: COMPANY: ADDRESS: NOTE: Signatures to comply with Paragraph 2.5 of these Specifications. Bid Doc No. 07 Rev 1 27 of 448

28 THIS PAGE INTENTIONALLY LEFT BLANK. 28 of 448

29 SECTION C SMALL BUSINESS ENTERPRISE REQUIREMENTS 29 of 448

30 THIS PAGE INTENTIONALLY LEFT BLANK. 30 of 448

31 SMALL BUSINESS ENTERPRISE (SBE) PROGRAM 1. Definitions 1.1 The term Commercially Useful Function is defined as a business that is directly responsible for providing the supplies or services to Dallas County as required by the solicitation or request quotes, bids or proposals. A firm is considered to perform a commercially useful function, when it is responsible for the execution of a distinct element of the work of a contract and carries out its responsibilities by actually performing, managing and supervising the work involved. A business that stocks sufficient quantities of supplies in direct inventory, held for sale or resale, to cover anticipated future demands for the suppliers is performing a commercially useful function. 1.2 A Contractor is defined as one who participates, through a contract or any other contractual agreement in a County funded contract opportunity for work, labor, services, supplies, equipment, materials, goods or any combination of the foregoing. For purposes of this Section, a Contractor is any individual, company, or other entity seeking to do work for Dallas County regardless of the method used to procure the services or products, including by bid or solicitation. A Contractor includes but is not limited to a contractor, consultant, or vendor. 1.3 The term, Director of Small Business Enterprises shall mean the Director of the County s Office of Small Business Enterprise and include his or her designee. 1.4 The term Contract Administration shall mean the County Purchasing Department and/or his or her designee. 1.5 The Contract Administration Supervisor shall mean the Purchasing Director and/or his or her designee. 1.6 Equal Employment Opportunity Requirements. It is the policy of Dallas County to ensure non-discrimination in the award and administration of contracts. The Contractor or Subcontractor shall not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or genetic information in the performance of this contract. 1.7 Good Faith Effort Plan. A subcontracting plan submitted in response to a Request for Proposals (RFP) or bid/ proposal which details the Respondent s pursuit to achieve the set aspirational goal or documenting it Good Faith Efforts to meet the goals for all elements the Solicitation. A Good Faith Effort Plan must be submitted with a bid/proposal for any Dallas County project for which goals have been established. 1.8 Metropolitan Statistical Area (MSA). The Dallas County MSA includes the following counties: Dallas, Tarrant, Denton and Collin. 1.9 Small Business Enterprises. It is the policy of the County to support the growth and development of Small Business Enterprises ( SBEs ) and ensure that SBEs have an equal opportunity to compete for and participate in Dallas County contracts. Thus, Dallas County Commissioners Court has created the Office of Small Business Enterprise to 31 of 448 Adopted (v4rpw92418)

32 establish and oversee a Diversity Program to ensure that SBEs have an equal opportunity to compete for and participate in Dallas County contracts. It is Dallas County s intent to: Ensure nondiscrimination in the award and administration of Dallas County contracts; Create a level playing field on which small businesses can compete fairly for Dallas County contracts; and Ensure that only firms that attempt to meet the SBE good faith efforts are considered for applicable contract awards. Consequently, the contractor shall carry out applicable requirements of the good faith effort in its proposal/bid hereunder and, if awarded the contract, the award and administration of the Contract. 2. SBE Goals, Good Faith Efforts and Eligibility The Director of Small Business Enterprises ( Director ) along with input from the Contract Administration Supervisor sets the annual SBE participation contracting/subcontracting aspirational SBE goals for each contract. The contracting/subcontracting goals for this contract will be based on meeting or exceeding the minimum aspirational SBE goal of 40%, unless good cause exists for failing to meet the goal. The SBE aspirational goal is based on the total contract value. Qualifying SBE prime contractor participation will count as 50% of the overall aspirational goal. NOTE: On January 1, 2019, Dallas County will only accept Small Business Enterprise (SBE) certifications All other certifications, including Historically Underutilized Business (HUB), will no longer be accepted. To be recognized as an SBE (contractors and/or subcontractors): a) MUST be certified as an SBE by one of the following three County approved entities: North Texas Regional Certification Agency (NCTRCA), DFW Minority Supplier Development Council and/or the Women s Business Council of Southwest, at the time of the proposal/bid submission. The firm must be certified by one of the three entities listed above in subsection (a) and satisfy the requirements in subsection (b) (f) below. b) The firm s gross revenues or number of employees over the past three years MUST be equal to or below 20% of the Small Business Administrations (SBA) standards; c) The SBE firm owner s personal net worth (PNW) MUST not exceed $3.2 million; d) All SBE eligible firms MUST also perform a commercially-useful function on the project and have a local presence in Dallas County Metropolitan Statistical Area (MSA) in order to be counted for SBE points. The MSA includes the following counties: Dallas, Tarrant, Denton and Collin. e) The firm MUST submit proof of a current and valid certification (i.e. copy of certification certificate or letter); 32 of 448 Adopted (v4rpw92418)

33 f) All SBE firms (contractors and/or sub-contractors) MUST compete, sign and notarize the Small Business Threshold Affidavit affirming the firm meets all of the above mentioned requirements to qualify and be recognized as a SBE by Dallas County; and 3. Utilization The aspirational SBE goal is expressed as a percentage of the total dollar amount of the contract going to a recognized SBE firm for those areas which the Contractor has sub-contracted or anticipates sub-contracting. Qualifying SBE prime contractor participation will count as 50% of the overall aspirational goal. The aspirational goal shall also apply to contract amendments that require work beyond the scope of services originally required to accomplish the project. The Respondent agrees to employ good faith efforts through the award of subcontractors to eligible SBEs and certified firms to the fullest extent possible. Dallas County s Good Faith Effort Plan (GFEP) will be used to document SBE participation. However, all subcontractors and/or supplier, whether certified or not, must be listed in the GFEP. The information provided in the GFEP Form will be utilized in the development of the final contract/agreement. The GFEP Form can be found in the attachments. This form is required and considered part of the response to the IFB. Should the Good Faith Effort Plan or any of the specified documents listed below be incomplete, not signed, and/or not submitted, the bid can be deemed non-responsive. 4. Mandatory Submittals Each Contractor must include with its proposal/bid, the following documents: A fully completed and signed Good Faith Effort Plan Form, executed by an authorized representative; Completed and signed Good Faith Effort Affirmation, executed by an authorized representative; Proof of certification from one of the County recognized certification agencies listed in 7.2(a). If submitting as an SBE, the prime and/or subcontractor(s) MUST submit completed, signed and notarized SBE Threshold Affidavit, executed by an authorized representative; and A signed and executed form or letter from each SBE subcontractor identified in the Contractor s Good Faith Effort Plan of their intent to perform as a subcontractor. NOTE: All forms must be complete in their entirety and submitted as part of a Respondent s submittal. For Technical Assistance in submitting Small Business Enterprise Forms, please contact the Office of Small Business at the following: sbe@dallascounty.org. The County reserves the right to accept or reject any certified firm and in its sole discretion is not bound by the certifying bodies determination if the County has a concern regarding the eligibility of the firm to meet SBE guidelines or standards. A Contractor whose proposed certified firm is rejected may contest in writing to the Office of Small Business Enterprise, in accordance with the SBE Policy. The denial of SBE certification by Business Enterprise is excluded from the Dallas County Purchasing Code of Ethics Protests Procedure and is exclusively governed by the appeal process set forth in the SBE Policy. 33 of 448 Adopted (v4rpw92418)

34 5. SBE Reporting The Contractor and its subcontractors are required to electronically submit subcontractor payment information using the County s Subcontractor Payment Compliance System (SPCS), accessed through a link on the Dallas County SBE webpage. The Contractor and all subcontractors will be provided a unique log-in credential and password to access Subcontractor Payment Compliance System. Training on the use of the system will be provided by both Dallas County s SPCS Support Staff and by the Office for Small Business Enterprises. Additional information and free online training for SPCS can be found at 6. Contracting If awarded the contract, the Contractor agrees to be bound to the policies and guidelines set forth in the County s SBE Policy, which may be incorporated into the contract. If a conflict exists between the SBE section of the solicitation and the County SBE Policy, the language in the solicitation governs. 34 of 448 Adopted (v4rpw92418)

35 MANDATORY SMALL BUSINESS ENTERPRISE FORMS FOR IFB SOLICIATIONS 35 of 448 Adopted (v4rpw92418)

36 THIS PAGE INTENTIONALLY LEFT BLANK. 36 of 448

37 GOOD FAITH EFFORT PLAN THE GOOD FAITH EFFORT PLAN IS REVIEWED BY THE DALLAS COUNTY OFFICE OF SMALL BUSINESS ENTERPRISE. THE SBE DIRECTOR OR DESIGNEE WILL EVALUATE THE GOOD FAITH EFFORTS OF A FIRM. THE GOOD FAITH EFFORT MUST BE APPROVED BY THE OFFICE OF SMALL BUSINESS OF ENTERPRISE PRIOR TO AWARD. NAME OF PROJECT: SECTION A PRIME CONTRACTOR INFORMATION NAME OF FIRM: ADDRESS: CITY: STATE: ZIP: CONTACT PERSON: ADDRESS: PHONE: FAX: IS YOUR FIRM CERTIFIED: NO YES CERTIFICATION NUMBER: TYPE OF CERTIFICATION: SBE MBE WBE AABE HUB DBE 1. LIST ALL FIRMS TO BE UTILIZED ON THIS PROJECT/CONTRACT. 1. NAME: ADDRESS: SUBCONTRACTORS/SUPPLIERS SCOPE OF WORK/SUPPLIES TO BE PERFORMED/PROVIDED BY THE FIRM ESTIMATED CONTRACT AMOUNT ALLOCATED TO THE FIRM IF FIRM IS CERTIFIED, LIST CERTIFICATION NUMBER AND ATTACH A COPY OF THE CERTIFICATION AND AFFIDAVIT 2 NAME: ADDRESS: 3. NAME: ADDRESS: 4. NAME: ADDRESS: 5. NAME: ADDRESS: 6. NAME: ADDRESS: Good Faith Effort Form Page 1 of 4 37 of 448 Adopted (v4rpw92418)

38 THIS PAGE INTENTIONALLY LEFT BLANK. 38 of 448

39 SECTION B SBE COMMITMENTS THE SMALL BUSINESS ENTERPRISE (SBE) ASPIRATIONAL GOAL FOR THIS PROJECT IS 40% 1. THE UNDERSIGNED CONTRACTOR HAS SATISFIED THE REQUIREMENTS OF THE BID SPECIFICATIONS IN THE FOLLOWING MANNER (PLEASE CHECK THE APPROPRIATE SPACE): THE CONTACTOR IS COMMITTED TO A MINIMUM OF 40 % SBE UTILIZATION ON THIS CONTRACT IF THE SBE GOAL WAS MET, PROCEED TO GOOD FAITH EFFORT AFFIRMATION FOUND ON PAGE 4 IF THE SBE GOAL WAS NOT MET, PROCEED TO SECTION C DOCUMENTATION OF GOOD FAITH EFFORTS FOUND ON PAGE 3 MANDATORY PAYMENT REPORTING DURING THE TERM OF THE CONTRACT, THE CONTRACTOR MUST REPORT THE ACTUAL PAYMENTS TO ALL THE SBE SUBCONTRACTORS ON A MONTHLY BASIS IN THE SPECIFIED TIME INTERVALS AND FORMAT PRESCRIBED BY DALLAS COUNTY. ANY UNJUSTIFIED FAILURE TO COMPLY WITH THE LEVELS OF SBE PARTICIPATION IDENTIFIED IN THE BID AND AFFIRMED IN THE GOOD FAITH EFFORT PLAN SHALL BE CONSIDERED A MATERIAL BREACH OF CONTRACT. DALLAS COUNTY RESERVES THE RIGHT, AT ANY TIME DURING THE TERM OF THE CONTRACT TO REQUEST ADDITIONAL INFORMATION, DOCUMENTATION OR VERIFICATION OF PAYMENTS MADE TO ALL SUBCONTRACTORS IN CONNECTION WITH THE CONTRACT. VERIFICATION OF AMOUNT BEING REPORTED MAY TAKE THE FORM OF REQUESTING COPIES OF CANCELED CHECKS PAID TO THE SBE PARTICIPANTS AND/OR CONFIRMATION INQUIRIES DIRECTLY TO SBE PARTICIPANTS. PROOF OF PAYMENTS, SUCH AS COPIES OF CANCELED CHECKS MUST PROPERLY IDENTIFY THE PROJECT NAME OR PROJECT NUMBER TO SUBSTANTIATE SBE PAYMENTS FOR THIS PROJECT. CONTRACTOR ADMINISTRATOR INFORMATION 2. NAME AND PHONE NUMBER OF PERSON APPOINTED TO COORDINATE AND ADMINISTER THE SBE REQUIREMENTS ON THIS PROJECT NAME: TITLE: DIRECT PHONE: IF THE SBE GOAL WAS NOT MET, PROCEED TO SECTION C DOCUMENTATION OF GOOD FAITH EFFORTS FOUND ON PAGE 3 IF THE SBE GOAL WAS MET, PROCEED TO GOOD FAITH EFFORT AFFIRMATION FOUND ON PAGE 4 Good Faith Effort Form Page 2 of 4 39 of 448 Adopted (v4rpw92418)

40 THIS PAGE INTENTIONALLY LEFT BLANK. 40 of 448

41 3. SECTION C DOCUMENTAION OF GOOD FAITH EFFORTS (TO BE FILLED OUT ONLY IF SBE ASPIRATIONAL GOAL WAS NOT ACHIEVED.) 1. LIST PRIMARY REASON(S) THE SBE GOAL WAS NOT ACHIEVED: 2. LIST ALL FIRMS CONTACTED WITH SUBCONTRACTING/SUPPLY OPPORTUNITIES FOR THIS PROJECT THAT WILL NOT BE UTILIZED FOR THE CONTRACT BY CHOICE OF THE CONTRACTOR, SUBCONTRACTOR, AND/OR SUPPLIER. WRITTEN NOTICES TO FIRMS CONTACTED BY THE CONTRACTOR FOR SPECIFIC SCOPES OF WORK IDENTIFIED FOR SUBCONTRACTING/SUPPLY OPPORTUNITIES MUST BE PROVIDED TO SUBCONTRACTOR/SUPPLIERS NOT LESS THAN FIVE (5) BUSINESS DAYS PRIOR TO BID/PROPOSAL DUE DATE. THE FOLLOWING INFORMATION IS REQUIRED FOR ALL FIRMS WHAT WERE CONTACTED OF SUBCONTRACTING/SUPPLY OPPORTUNITIES. MAY USE ADDITIONAL SHEETS IF NEEDED. 1. NAME & ADDRESS OF SUBCONTRACTOR(S)/SUPPLIER(S) NAME: ADDRESS: SCOPE OF WORK/SUPPLIES TO BE PERFORMED/PROVIDED BY THE FIRM IS FIRM SBE CERTIFIED? DATE OF WRITTEN NOTICE SENT & METHOD USED (FAX, LETTER, , ETC.) DATE: METHOD: REASON AGREEMENT NOT REACHED 2 NAME: ADDRESS: DATE: METHOD: 3. NAME: ADDRESS: DATE: METHOD: 4. NAME: ADDRESS: DATE: METHOD: 5. NAME: ADDRESS: DATE: METHOD: IN ORDER TO VERITY A CONTRACTOR S GOOD FAITH EFFORTS, PLEASE PROVIDE COPIES OF ALL WRITTEN NOTICES TO ALL FIRMS OF CONTACTED BY THE CONTRACTOR FOR SPECIFIC SCOPES OF WORK IDENTIFIED IN RELATIONS TO THE SUBCONTRACTING/SUPPLY OPPORTUNITIES IN THE ABOVE NAMED PROJECT. SUCH NOTICES SHALL INCLUDE INFORMATION ON THE SCOPE OF WORK TO BE PERFORMED AND/OR SUPPLIES TO BE PROVIDED. 3. DID YOU ATTEND THE PRE BID CONFERENCE SCHEDULED FOR THIS PROJECT? YES NO 4. LIST ALL LISTINGS, DIRECTORIES, CONTRACTOR ASSOCIATIONS, AND/OR ANY OTHER ASSOCIATIONS UTILIZED TO SOLICIT SBE SUBCONTRACTOR/SUPPLIERS. NAME CONTACT PERSON PHONE ( ) ( ) ( ) 5. DISCUSS EFFORTS MADE TO DEFINE ADDITIONAL ELEMENTS OF THE WORK PROPOSED TO BE PERFORMED BY SBEs IN ORDER TO INCREASE THE LIKELIHOOD OF ACHIEVING THE GOAL. 6. INDICATE ADVERTISEMENTS MEDIUMS USED FOR SOLICITING BIDS FROM SBEs (PLEASE ATTACH A COPY OF THE ADVERTISEMENTS). Good Faith Effort Affirmation Page 3 of 4 41 of 448 Adopted (v4rpw92418)

42 THIS PAGE INTENTIONALLY LEFT BLANK. 42 of 448

43 GOOD FAITH EFFORT AFFIRMATION I HEREBY AFFIRM THAT THE INFORMATION PROVIDED IN THIS GOOD FAITH EFFORT PLAN IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I FURTHER UNDERSTAND AND AGREE THAT THIS DOCUMENT SHALL BE ATTACHED THERETO AND BECOME A BINDING PART OF THE CONTRACT/AGREEMENT. NAME OF AUTHORIZED OFFICIAL: TITLE: SIGNATURE: DATE: FOR USE ONLY BY THE OFFICE OF SMALL BUSINESS ENTERPRISE GOOD FAITH EFFORT RECOMMENDATION: APPROVED: SBE DIRECTOR: NOT APPROVED: DATE: Good Faith Effort Affirmation Page 4 of 4 43 of 448 Adopted (v4rpw92418)

44 THIS PAGE INTENTIONALLY LEFT BLANK. 44 of 448

45 SMALL BUSINESS THRESHOLD AFFIDAVIT Name of Contractor: Principal Place of Business (address): Project Name & Number: Tax ID Number (if applicable): I am the majority owner (51%) of the Contractor listed above and own percent of. I hereby certify that my firm/company s gross revenues and/or number of employees averaged over the past three years are equal to or below 20% of the Small Business Administrations (SBA) standards, in accordance with 13 CFR 121 et. al. 1 and Dallas County s Small Business Enterprise Program. The number of employees employed during the previous three (3) years are as follows: Employee Workplace Demographics by year Full Time Part Time Contract I also hereby certify that my personal net worth ( PNW ) does not exceed $3.2 million (excluding primary personal residence 2 and ownership interest in business), including any assets held on my behalf by any person or entity domestically or internationally. I also certify that I have not transferred ownership of assets for the purpose of qualifying as an SBE. I understand and acknowledge that the County reserves the right to conduct an investigation and request additional information regarding the representations herein. I agree to allow a County representative to perform an onsite audit of my firm/company s tax returns for the past three years, upon request,, including information from third parties (e.g., accountant, IRS), to confirm my gross revenues, number of employees, or PNW, including federal tax return (including schedules), W2s, and other relevant documentation. 1 See, generally, 13 CFR 121 et. al, including 13 CFR and 13 CFR Note: Portions of equity in your primary residence attributable to excessive withdrawals from the participating SBE firm/company is not excluded. 45 of 448 Small Business Threshold Affidavit Page 1 of 2 Adopted (v4rpw92418)

46 THIS PAGE INTENTIONALLY LEFT BLANK. 46 of 448

47 I,, hereby certify, under penalty of perjury, that the above stated facts are true and correct and understand that any misrepresentations may be grounds for initiating action under federal or state law, including state law concerning false statements in a government document. Signature Date Title STATE OF TEXAS COUNTY OF BEFORE ME, A NOTARY PUBLIC, ON THIS DAY PERSONALLY APPEARED, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING DOCUMENT AND, BEING BY ME FIRST DULY SWORN, DECLARED THAT THE STATEMENTS THEREIN CONTAINED ARE TRUE AND CORRECT. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF, 20. (PERSONALIZED SEAL) NOTARY PUBLIC'S SIGNATURE Small Business Threshold Affidavit Page 2 of 2 47 of 448 Adopted (v4rpw92418)

48 THIS PAGE INTENTIONALLY LEFT BLANK. 48 of 448

49 (Contractor Letterhead) Reference Bid No: (Name of Project / Bid) (Limits of Project) RE: Subcontract Mutual Intent Contractor Offer of Notice to Subcontractor: (Contractor Name) is submitting a bid to Dallas County for the above project. This offer of notice serves to confirm that (contractor name) intends to subcontract with your firm upon award of the above project by Dallas County, subject only to mutually accepted Subcontract terms and conditions. (contractor name) intends to issue your firm a (contractor) standard Subcontract for mutual execution once (contractor) receives an executed contract from Dallas County. Please sign this offer of notice to show your intent to subcontract with (contractor) as a Subcontractor on the above project. If you have any questions or need further assistance, feel free to contact. Regards, Name (Contractor) Subcontractor Acknowledgement and Intent to Subcontract on Mutually Agreed Terms: Subcontractor Name Scope of Work Description Signature of Authorized Subcontractor Representative Printed Name 49 of 448 Adopted (v4rpw92418)

50 THIS PAGE INTENTIONALLY LEFT BLANK. 50 of 448

51 SECTION D TITLE VI ASSURANCE / COMPLIANCE 51 of 448

52 THIS PAGE INTENTIONALLY LEFT BLANK. 52 of 448

53 DALLAS COUNTY, TEXAS TITLE VI TITLE VI ASSURANCES/COMPLIANCE POLICY The County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Pursuant to Title VI requirements, any entity or person that enters into a contract with Dallas County including, but not limited to prime contractors, sub-contractors, and sub-recipients, may not discriminate on the basis of race, color, national origin, age, sex, disability, or religion in their selection and retention of subcontractors (including consultants), in connection with any federally funded program or activity (including any program or activity undertaken/funded by a Dallas County Division/Department that receives federal funds). This solicitation packet contains information concerning Dallas County s Title VI Assurances/Compliance Policy (Appendix A) and Bidders/Contractor responsibilities. TITLE VI ASSURANCES/COMPLIANCE - APPENDIX A A. Assurances During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the contractor ) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federallyassisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will 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 will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 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, each potential subcontractor or supplier will be notified by the contractor of the contractor s obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. Bid Doc No. 18 Rev 1 53 of 448

54 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. B. Nondiscrimination Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the contractor ) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); Bid Doc No. 18 Rev 1 54 of 448

55 The Civil Rights Restoration Act of 1987, (PL ), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C ) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C ) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C et seq). C. Representations/Warranties The Contractor also makes the following representations and warranties to Dallas County: 1. It has taken the steps necessary to effectuate Title VI requirements. 2. Disadvantaged business enterprises are afforded equal opportunity to submit bids/proposals as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color, sex, age, disability, religion, veteran status, or national origin in consideration of a selection or award. 3. Neither contractor or any subcontractors or sub-recipients that will participate in activities to be funded as a result of this contract/bid/solicitation, are listed on the debarred list due to violations of Title VI or VII of the Civil Rights Act of 1964, nor are any proposed parties to this contract, or any subcontract resulting therefrom, aware of any pending action which might result in such debarment or disqualification. D. Title VI Complaints Any person, contractor, or subcontractor who believes that they have been subjected to an unlawful discriminatory practice under Title VI will be notified of their right to file a formal complaint within one hundred eighty (180) days following the alleged discriminatory action or the date the person(s) became aware of the alleged act(s) of discrimination. Any such complaint must be filed in writing or in person with the Dallas County Title VI Coordinator: Bid Doc No. 18 Rev 1 55 of 448

56 Dallas County Human Resources c/o: Dallas County Director of Human Resources and Title VI Coordinator 1201 Elm Street, 23rd Floor, Renaissance Tower Building Dallas, TX (214) (phone) (214) (fax) A copy of Dallas County Title VI Non-Discrimination Plan and Documents, and complaint forms, may be obtained at or at the address above. A complainant may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 ( ) or send a letter to: U.S. Department of Justice Civil Rights Division Federal Coordination and Compliance Section, NWB 950 Pennsylvania Avenue, N.W. Washington, D.C More information on Title VI is available from the Justice Department online at Contractor shall comply with all reasonable requests made in the course of an investigation of Title VI and these assurances by Dallas County, the Texas Department of Transportation, the US Department of Transportation, the US Department of Justice, or any other federal or state agency. Failure to comply with such reasonable requests will be deemed a breach of this contract/bid/solicitation. E. Enforcement The contractor affirmatively acknowledges that it will be subject to Title VI, and implementing regulations, and any enforcement measures therein. In addition to any enforcement action by Dallas County, the contractor acknowledges that the United States and the State of Texas has a right to seek judicial enforcement with regard to any matter arising under Title VI, including the assurances herein. Contractor's Full Name: Signature, Authorized Representative of Contractor Date Title Bid Doc No. 18 Rev 1 56 of 448

57 SECTION E DISCLOSURE OF INTERESTED PARTIES 57 of 448

58 THIS PAGE INTENTIONALLY LEFT BLANK. 58 of 448

59 DALLAS COUNTY, TEXAS DISCLOSURE OF INTERESTED PARTIES Effective January 1, 2016, Dallas County, must comply with the Disclosure of Interest Parties, mandated by Texas HB 1295, as implemented by the Texas Ethics Commission. Briefly stated, all contracts requiring an action or vote by the governing body of the entity or agency before the contract may be signed (regardless of the dollar amount) or has a value of at least $1 million will require the on-line completion of Form 1295 "Certificate of Interested Parties", per Texas Government Code Statute Form 1295 is also required for any and all contract amendments, extensions or renewals. Please indicate on the HB1295 that this is Dallas County usage of Cooperative Contract Contract Extension. A sample copy (for illustration purpose only) of a completed electronic form is provided with this solicitation. All business entities are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Step 1: Business Entity completes Form 1295 in electronic format on the Texas Ethics Commission website ( Step 2: Upon receipt of a completed Interested Parties Disclosure Form, Texas Ethics Commission issues a Certification of Filing to the Business Entity and the Business Entity download(s), print, sign(s) and notarize(s) Form An authorized agent of the business entity will need to sign the printed copy of the form and have the form notarized. Step 3: At the time of submission of the solicitation to Dallas County the Business Entity must submit the completed notarized Form 1295 with the Certification of Filing with their contract (i.e.: bid, rfp, rfq, soq, etc.) to Dallas County. Upon receipt, Dallas County may proceed with the award and/or execution of the contract. Step 4: Not later than the 30 th day after the date the contract has been signed by all parties, Dallas County must notify the Texas Ethics Commission (in electronic format) of the receipt of (1) Form 1295, and (2) the Certification of Filing. Step 5: Not later than the 7 th business day after receipt of the above notice, Texas Ethics Commission makes the disclosure available to the public by posting the disclosure on its website. Definitions: (a) Contract includes an amended, extended, or renewed contract. (b) Business entity includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (c) Controlling interest means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Bid Doc No. 20 Rev 1 59 of 448

60 (d) Interested party means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. (e) Intermediary, for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: (1) receives compensation from the business entity for the person s participation; (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity. To obtain additional information on HB 1295, to learn more about Texas Ethics Commission process to create a new account or to complete an electronic version of Form 1295 for submission with a signed contract, please go to the following website: Info.htm Instructional Videos for Business Entities on how to file online can be found at Bid Doc No. 20 Rev 1 60 of 448

61 CERTIFICATE OF INTERESTED PARTIES FORM Complete Nos. 1-4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Name of Interested Party 6 UNSWORN DECLARATION City, State, Country (place of business) OFFICE USE ONLY 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 5 Check only if there is NO Interested Party. Nature of Interest (check applicable) Controlling My name is, and my date of birth is. My address is,,,,. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of, on the day of, 20. (month) (year) Intermediary Must file online at Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission 61 of 448 Revised 12/22/2017

62 THIS PAGE INTENTIONALLY LEFT BLANK. 62 of 448

63 SECTION F CONFLICT OF INTEREST 63 of 448

64 THIS PAGE INTENTIONALLY LEFT BLANK. 64 of 448

65 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section (1-a) with a local governmental entity and the vendor meets requirements under Section (a). FORM CIQ OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section (a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section , Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 3 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section (a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section (a)(2)(B), excluding gifts described in Section (a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission Bid Doc No. 22 Rev of 448 Revised 11/30/2015

66 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code (1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code (a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code (a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section (a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section (a)(2)(B), excluding any gift described by Section (a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission Bid Doc No. 22 Rev of 448 Revised 11/30/2015

67 SECTION G TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION FORM 67 of 448

68 THIS PAGE INTENTIONALLY LEFT BLANK. 68 of 448

69 DALLAS COUNTY TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION BOYCOTT ISRAEL Effective September 1, 2017, the State of Texas requires all governmental entity, state agency or political subdivision (which includes counties) to obtain written verification from the Company that their Company does NOT boycott Israel and will not boycott Israel during the life of this contract, agreement or purchase order (hereafter referred to as Contract ). By accepting this Contract, the Company (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this Contract will not Boycott Israel as that term is defined in Texas Government Code Section , as amended." The County cannot execute a contract for goods and services without this declaration. Please refer to Texas Government Code, Subtitle F, Title 10, Government Code Chapter COMPLETE TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION FORM MUST SUBMIT WITH PROPOSAL PACKAGE Bid Doc No. 29 Rev 1 69 of 448

70 THIS PAGE INTENTIONALLY LEFT BLANK. 70 of 448

71 TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION FORM I, (Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company ) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract between company and Dallas County, Texas. Pursuant to Section , Texas Government Code: 1. Boycott Israel 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; and 2. Company means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majorityowned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Signature Title AFFIX NOTARY STAMP / SEAL ABOVE Printed Name Date I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said, this the day of, 20, to certify which, witness my hand and seal of office. Signature of officer Printed name of officer Title of officer administering oath administering oath administering oath 71 of 448

72 THIS PAGE INTENTIONALLY LEFT BLANK. 72 of 448

73 SECTION H TEXAS GOVERNMENT CODE CHAPTER 2252 CERTIFICATION FORM 73 of 448

74 THIS PAGE INTENTIONALLY LEFT BLANK. 74 of 448

75 DALLAS COUNTY TEXAS GOVERNMENT CODE CHAPTER 2252, SECTION and Effective September 1, 2017, the State of Texas requires all governmental entity, state agency or political subdivision (which includes counties) to obtain written verification from the Company that their Company IS NOT listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section , Section , or Section during the life of this contract, agreement or purchase order (hereafter referred to as Contract ). By accepting this Contract, the Company (Professional or other applicable term defining the contracting party) verifies that it IS NOT listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section , Section , or Section and agrees that during the term of this Contract will not IS NOT listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section , Section , or Section The County cannot execute a contract for goods and services without this declaration. Please refer to Texas Government Code, Subtitle F, Title 10, Government Code Chapter COMPLETE TEXAS GOVERNMENT CODE CHAPTER 2252, Section and CERTIFICATION FORM MUST SUBMIT WITH PROPOSAL PACKAGE Bid Doc No. 30 Rev 1 75 of 448

76 THIS PAGE INTENTIONALLY LEFT BLANK. 76 of 448

77 TEXAS GOVERNMENT CODE CHAPTER 2252 CERTIFICATION FORM I, (Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company ) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2252: 1. IS NOT listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section , or Section ; and 2. Will not be listed during the term of the contract between company and Dallas County, Texas. Pursuant to Section and , Texas Government Code: Sec CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED. A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section , , or Sec LISTED COMPANIES. The comptroller shall prepare and maintain, and make available to each governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization. Signature Title AFFIX NOTARY STAMP / SEAL ABOVE Printed Name Date I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said, this the day of, 20, to certify which, witness my hand and seal of office. Signature of officer Printed name of officer Title of officer administering oath administering oath administering oath 77 of 448

78 THIS PAGE INTENTIONALLY LEFT BLANK. 78 of 448

79 SECTION I INSURANCE REQUIREMENT AFFIDAVIT 79 of 448

80 THIS PAGE INTENTIONALLY LEFT BLANK. 80 of 448

81 DALLAS COUNTY INSURANCE REQUIREMENT AFFIDAVIT THIS FORM IS NOT A SUBSTITUTE FOR THE REQUIRED POLICY AND/OR STATE APPROVED CERTIFICATE OF INSURANCE FORM To Be Completed By Insurance Agent/Broker and Bidder I, the undersigned Agent/Broker, reviewed the insurance requirement contained in this bid document. If the Bidder shown below is awarded this contract by Dallas County, I will be able to, within ten (10) days after contract award and prior to commencement of services, meet all of the insurance requirements in this bid. Insurance Coverage Reviewed: Agent s Name: Agency Name: Address: City/State/Zip: Telephone No: Fax No: Bidder s Name and Company: Project/Bid No. and Title: ( ) ( ) By submitting a bid and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will have my insurance agent provide this information to Dallas County, meeting all requirements within ten days of notification of award. If the above ten day requirement is not met, Dallas County reserves the right to cancel the contract for non-performance. If you have any questions concerning these requirements, please contact the Dallas County Human Resource / Civil Service s Risk Manager at Insurance Agent/Broker Signature: Date: Bidder s Signature: Date: Bid Doc No. 24 Rev 1 81 of 448

82 THIS PAGE INTENTIONALLY LEFT BLANK. 82 of 448

83 WORKERS' COMPENSATION INSURANCE AFFIDAVIT FOR TEXAS LABOR CODE SECTION EXCEPTION STATE OF TEXAS COUNTY OF DALLAS Texas Labor Code , the Texas Workers Compensation Act, states: (a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project. (b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity. (c) A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity. (d) The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. AFFIDAVIT I, (name), am over twenty-one years of age, have never been convicted of a felony or a crime involving moral turpitude, and am fully competent to make this affidavit. I have personal knowledge of the facts stated herein and they are true and correct. I am the owner of, whose principal office is located at. I am a sole proprietor pursuant to Section (c) and Section (a) of the Texas Workers Compensation Act (the Act ). I do not operate as a general contractor and I DO NOT HAVE ANY EMPLOYEES OR SUBCONTRACTORS. I am exempt from providing workers compensation insurance in accordance with the Act. In the event I have to hire (or borrow) employee(s), I will provide such employee(s) Workers Compensation coverage as required by the Texas Labor Code and immediately notify the County contract administrator and the Director of Purchasing and get written permission before any such employees does any work/services on a Dallas County project. In the event I have to hire (or borrow) any subcontractor(s), I will provide a certificate of coverage that such subcontractor has Workers Compensation and immediately notify the contract administrator and the Director of Purchasing and get written permission before any such subcontractor does any work/services on a Dallas County project. I assume the responsibilities of an independent contractor in the performance of the work/services that I will perform for Dallas County as a sole proprietor, on (project/bid/rfp no.) (project name), and AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DALLAS COUNTY, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, AND DALLAS COUNTY ELECTED OFFICIALS, OFFICERS, AGENTS, CONSULTANTS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES, EXPENSES, AND JUDGMENTS, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, ARISING OUT OF OR RESULTING, IN WHOLE OR IN PART, FROM MY WORK/SERVICES AS A SOLE PROPRIETOR, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY MY NEGLIGENT ACTS OR OMISSIONS, REGARDLESS OF WHETHER OR NOT SUCH A CLAIM, DAMAGE, LOSS, EXPENSE, OR JUDGMENT IS CAUSED IN PART BY A PARTY INDEMNIFIED HEREIN. Signature SWORN TO and SUBSCRIBED before me by on this the day of, 20. Notary Public in and for the State of Texas [seal] My commission expires: 83 of 448

84 THIS PAGE INTENTIONALLY LEFT BLANK. 84 of 448

85 SECTION J W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER & CERTIFICATION 85 of 448

86 THIS PAGE INTENTIONALLY LEFT BLANK. 86 of 448

87 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Other (see instructions) 5 Address (number, street, and apt. or suite no.) 6 City, state, and ZIP code 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) Requester s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number or Employer identification number Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: Form 1099-INT (interest earned or paid) Form 1099-DIV (dividends, including those from stocks or mutual funds) Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Date Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No X Form W-9 (Rev ) 87 of 448

88 Form W-9 (Rev ) Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien; A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; An estate (other than a foreign estate); or A domestic trust (as defined in Regulations section ). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called backup withholding. Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 88 of The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or doing business as (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a disregarded entity. See Regulations section (c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, Business name/disregarded entity name. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

89 Form W-9 (Rev ) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the Limited Liability Company box and enter P in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the Limited Liability Company box and in the space provided enter C for C corporation or S for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the Limited Liability Company box; instead check the first box in line 3 Individual/sole proprietor or single-member LLC. Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2 The United States or any of its agencies or instrumentalities 3 A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4 A foreign government or any of its political subdivisions, agencies, or instrumentalities 5 A corporation 6 A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7 A futures commission merchant registered with the Commodity Futures Trading Commission 8 A real estate investment trust 9 An entity registered at all times during the tax year under the Investment Company Act of A common trust fund operated by a bank under section 584(a) 11 A financial institution 12 A middleman known in the investment community as a nominee or custodian 13 A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to Barter exchange transactions and patronage dividends Payments over $600 required to be reported and direct sales over $5,000 1 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 Generally, exempt payees 1 through 5 2 Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with Not Applicable (or any similar indication) written or printed on the line for a FATCA exemption code. A An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B The United States or any of its agencies or instrumentalities C A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section (c)(1)(i) E A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section (c)(1)(i) F A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G A real estate investment trust H A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I A common trust fund as defined in section 584(a) J A bank as defined in section 581 K A broker L A trust exempt from tax under section 664 or described in section 4947(a)(1) M A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner s SSN (or EIN, if the owner has one). Do not enter the disregarded entity s EIN. If the LLC is classified as a corporation or partnership, enter the entity s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at You may also get this form by calling Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling TAX-FORM ( ). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write Applied For in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering Applied For means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W of 448

90 Form W-9 (Rev ) Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. Other payments include payments made in the course of the requester s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first individual on the account 1 3. Custodian account of a minor The minor 2 (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor-trustee 1 trust (grantor is also trustee) b. So-called trust account that is The actual owner 1 not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner 3 entity owned by an individual 6. Grantor trust filing under Optional The grantor* Form 1099 Filing Method 1 (see Regulations section (b)(2)(i) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form Association, club, religious, The organization charitable, educational, or other taxexempt organization 11. Partnership or multi-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section (b)(2)(i) (B)) 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person s number must be furnished. 2 Circle the minor s name and furnish the minor s SSN. 90 of You must show your individual name and you may also enter your business or DBA name on the Business name/disregarded entity name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: Protect your SSN, Ensure your employer is protecting your SSN, and Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at or submit Form For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at or TTY/TDD Protect yourself from suspicious s or phishing schemes. Phishing is the creation and use of and websites designed to mimic legitimate business s and websites. The most common act is sending an to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via s. Also, the IRS does not request personal detailed information through or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at You can forward suspicious s to the Federal Trade Commission at: spam@uce.gov or contact them at or IDTHEFT ( ). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

91 SECTION K PROPOSAL SHEETS 91 of 448

92 THIS PAGE INTENTIONALLY LEFT BLANK. 92 of 448

93 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION SCHEDULE 1 -- PAVING & DRAINAGE PREPARING RIGHT OF WAY STA 60 DOLLARS CENTS PER UNIT REMOVING CONCRETE (PAVEMENT) SY 1,560 DOLLARS CENTS PER UNIT REMOVING CONC (SIDEWALKS) SY 283 DOLLARS CENTS PER UNIT REMOVING CONC (DRIVEWAYS) SY 2,798 DOLLARS CENTS PER UNIT REMOVE CONC (CURB) LF 1,407 DOLLARS CENTS PER UNIT REMOVING CONC (FLUME) SY 19 DOLLARS CENTS PER UNIT REMOVING STAB BASE AND ASPH PAV ("6") SY 13,916 DOLLARS CENTS PER UNIT REVOLVING STAB BASE & ASPH PAV (2-6") SY 867 DOLLARS CENTS PER UNIT EXCAVATION (ROADWAY) CY 31,577 DOLLARS CENTS PER UNIT EMBANKMENT (FINAL) (DENS CONT) (TYC1) CY 1,356 DOLLARS CENTS PER UNIT FURNISHING AND PLACING TOPSOIL (6") SY 14,129 DOLLARS CENTS PER UNIT BLOCK SODDING SY 14,129 DOLLARS CENTS PER UNIT FLEXIBLE BASE (COMP IN PLACE )(TY D GR 1)(6") SY 4,689 DOLLARS CENTS PER UNIT REWORK BASE MATL (TY C) (8") (DENS CONST) SY 50 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev 1 93 of 448

94 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION LIME (HYDRATED LIME (SLURRY) TON 706 DOLLARS CENTS PER UNIT LIME TRT (EXIST MATL) (8") SY 32,008 DOLLARS CENTS PER UNIT D-GR HMA (SQ) (TY-B PG64-22 (4") TON 491 DOLLARS CENTS PER UNIT D-GR HMA (SQ) (TY-B PG64-22 (6") TON 748 DOLLARS CENTS PER UNIT D-GR HMA (SQ) (TY-B PG64-22 (9") TON 138 DOLLARS CENTS PER UNIT D-GR HMA (SQ) (TY-D PG64-22 (2") TON 256 DOLLARS CENTS PER UNIT CONC PVMT (CONT REINF-CRCP) (8") SY 418 DOLLARS CENTS PER UNIT CONC PVMT (CONT REINF-CRCP) (9") SY 278 DOLLARS CENTS PER UNIT CONC PVMT (CONT REINF-CRCP) (10") SY 27,730 DOLLARS CENTS PER UNIT CONC PVMT (CONT REINF) (FAST TRK) (9") SY 278 DOLLARS CENTS PER UNIT FULL-DEPTH REPAIR CRCP (8") SY 50 DOLLARS CENTS PER UNIT FLOWABLE BACKFILL CY 300 DOLLARS CENTS PER UNIT TRENCH EXCAVATION PROTECTION LF 6,408 DOLLARS CENTS PER UNIT CL A CONC (FLUME) CY 17 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev 1 94 of 448

95 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION RETAINING WALL (CIP) SF 575 DOLLARS CENTS PER UNIT RIPRAP (STONE COMMON) (GROUTED) (12 IN) CY 17 DOLLARS CENTS PER UNIT CONCRETE BOX CULVERT (5 FT X 4 FT) LF 13 DOLLARS CENTS PER UNIT CONCRETE BOX CULVERT (7 FT X 3 FT) LF 244 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (18 IN) LF 1,138 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (21 IN) LF 208 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (24 IN) LF 805 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (30 IN) LF 582 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (36 IN) LF 704 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (42 IN) LF 352 DOLLARS CENTS PER UNIT REINFORCED CONCRETE PIPE (CLASS III) (48 IN) LF 392 DOLLARS CENTS PER UNIT INLET (COMPL) (DROP) (TY Y-1) EA 10 DOLLARS CENTS PER UNIT MANHOLE (COMPLETE) (TYPE B) EA 4 DOLLARS CENTS PER UNIT WINGWALL (PW-1) (HW =6 FT) EA 1 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev 1 95 of 448

96 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION SET (TY II) (18 IN) (RCP) (3:1) EA 8 DOLLARS CENTS PER UNIT ADJUSTING MANHOLES AND INLETS EA 2 DOLLARS CENTS PER UNIT REMOVE STRUCTURE (HEADWALL)) EA 22 DOLLARS CENTS PER UNIT REMOVE STRUCTURE (PIPE) LF 942 DOLLARS CENTS PER UNIT MOBILIZATION LS 1 DOLLARS CENTS PER UNIT BARRICADES, SIGNS AND TRAFFIC HANDLING MO 21 DOLLARS CENTS PER UNIT FIELD OFFICE (TY C) MO 21 DOLLARS CENTS PER UNIT CONSTRUCTION EXITS (INSTALL) (TY 1) SY 800 DOLLARS CENTS PER UNIT CONSTRUCTION EXITS (REMOVE) SY 800 DOLLARS CENTS PER UNIT BIOGRD EROSN CONT LOGS (12" DIA) INSTALL LF 1,950 DOLLARS CENTS PER UNIT BIOGRD EROSION CONTROL LOGS (REMOVE) LF 1,950 DOLLARS ` CENTS PER UNIT CONSTRUCTING DETOURS SY 1,031 DOLLARS CENTS PER UNIT PORTABLE CONCRETE TRAFFIC BARRIER (MOVE) (F-SHAPE) LF 5,500 DOLLARS (TYPE 1) CENTS PER UNIT PORTABLE CONCRETE TRAFFIC BARRIER (FURNISH & INSTALL)(F-SHAPE) LF 5,500 DOLLARS (TYPE 1) CENTS PER UNIT Bid Doc No. 09 Rev 1 96 of 448

97 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION PORTABLE CONCRETE TRAFFIC BARRIER (REMOVE)(F-SHAPE)(TYPE 1) LF 5,500 DOLLARS CENTS PER UNIT COLORED TEXTURED CONC (10") SY 734 DOLLARS CENTS PER UNIT CONCRETE CURB (MONOLITHIC) (TY 2) LF 14,277 DOLLARS CENTS PER UNIT CONCRETE CURB (MOUNTABLE) (MONOLITHIC) (3") LF 482 DOLLARS CENTS PER UNIT DRIVEWAYS (CONCRETE) SY 1,717 DOLLARS CENTS PER UNIT DRIVEWAYS (CONCRETE) (HES) SY 1,425 DOLLARS CENTS PER UNIT CONCRETE SIDEWALKS (4 IN) SY 2,110 DOLLARS CENTS PER UNIT CONCRETE SIDEWALKS (6 IN) SY 4,931 DOLLARS CENTS PER UNIT CURB RAMPS (TY 1) EA 20 DOLLARS CENTS PER UNIT CURB RAMPS (TY 5) EA 11 DOLLARS CENTS PER UNIT CURB RAMPS (TY 7) EA 17 DOLLARS CENTS PER UNIT CURB RAMPS (TY 10) EA 1 DOLLARS CENTS PER UNIT CURB RAMPS (TY 11) EA 3 DOLLARS ` CENTS PER UNIT CONC MEDIAN (MONO NOSE) SY 77 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev 1 97 of 448

98 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION METAL BEAM GUARD FENCE (STEEL POST) LF 200 DOLLARS CENTS PER UNIT GUARDRAIL END TREATMENT (WOOD POST) (INSTALL) EA 2 DOLLARS CENTS PER UNIT CRASH CUSHION ATTENUATOR (INSTALL) (ABSORB 350) EA 6 DOLLARS CENTS PER UNIT CRASH CUSHION ATTENUATOR (MOVE & RESET) (ABSORB 350) EA 6 DOLLARS CENTS PER UNIT CRASH CUSHION ATTENUATOR (REMOVE ) (ABSORB 350) EA 6 DOLLARS CENTS PER UNIT CHAIN LINK FENCE (REMOVE) LF 887 DOLLARS CENTS PER UNIT CHAIN LINK FENCE (REMOVE) EA 6 DOLLARS CENTS PER UNIT WORK ZONE PAVEMENT MARKINGS REMOVE (REFL)TYPE 2 C-R EA 148 DOLLARS CENTS PER UNIT WORK ZONE PAVEMENT MARKINGS REMOVE (W) 4" (BRK) LF 5,500 DOLLARS CENTS PER UNIT WORK ZONE PAVEMENT MARKINGS REMOVE (W) 4" (SLD) LF 14,400 DOLLARS CENTS PER UNIT WORK ZONE PAVEMENT MARKINGS REMOVE (Y) 4 IN (SLD) LF 14,650 DOLLARS CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (W) 4" (BRK) (100 MIL) LF 7,341 DOLLARS CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (W) 4" (DOT) (100 MIL) LF 157 DOLLARS CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (W) 4" (SLD) (100 MIL) LF 2,000 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev 1 98 of 448

99 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION REFLECTORIZED PAVEMENT MARKINGS TYPE I (Y) 4" (BRK) (100 MIL) LF 210 ` DOLLARS CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (Y) 4" (SLD) (100 MIL) LF 2,524 DOLLARS CENTS PER UNIT RETROREFLECTORIZED PAVEMENT MARKINGS TYPE I (W) 12 IN LF 448 DOLLARS CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (W) 24 IN LF 458 ` DOLLARS (SLD)(100MIL) CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I EA 23 DOLLARS (W)(ARROW)(100MIL) CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (W)(WORD)(100MIL) EA 6 DOLLARS CENTS PER UNIT REFLECTORIZED PAVEMENT MARKINGS TYPE I (W) 18 IN LF 79 DOLLARS (YLD TRI)(100 MIL) CENTS PER UNIT PAVEMENT SEALER 4" LF 12,232 DOLLARS CENTS PER UNIT PAVEMENT SEALER 12" LF 448 DOLLARS ` CENTS PER UNIT PAVEMENT SEALER 24" LF 458 DOLLARS CENTS PER UNIT PAVEMENT SEALER (ARROW) EA 23 DOLLARS CENTS PER UNIT PAVEMENT SEALER (WORD) EA 6 DOLLARS CENTS PER UNIT PAVEMENT SEALER (YLD TRI) EA 79 DOLLARS CENTS PER UNIT RAISED/REFLECTORIZED PAVEMENT MARKINGS TYPE II-C-R EA 258 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev 1 99 of 448

100 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION TRAFFIC BUTTON TY 1-C EA 70 DOLLARS CENTS PER UNIT ELIM EXT PAV MRK & MRKRS (4") LF 11,793 DOLLARS CENTS PER UNIT ELIM EXT PAV MRK & MRKRS (12") LF 285 DOLLARS CENTS PER UNIT ELIM EXT PAV MRK & MRKRS (24") LF 85 DOLLARS CENTS PER UNIT ELIM EXT PAV MRK & MRKRS (ARROW) EA 6 DOLLARS CENTS PER UNIT ELIM EXT PAV MRK & MRKRS (WORD) EA 1 DOLLARS CENTS PER UNIT PAVEMENT SURFACE PREPARATION FOR MARKINGS (4 IN) LF 12,232 DOLLARS CENTS PER UNIT PAVEMENT SURFACE PREPARATION FOR MARKINGS (12 IN) LF 448 DOLLARS CENTS PER UNIT PAVEMENT SURFACE PREPARATION FOR MARKINGS (24 IN) LF 458 DOLLARS CENTS PER UNIT PAVEMENT SURFACE PREPARATION FOR MARKINGS (ARROW) EA 23 DOLLARS CENTS PER UNIT PAVEMENT SURFACE PREPARATION FOR MARKINGS (WORD) EA 6 DOLLARS CENTS PER UNIT PAVEMENT SURFACE PREPARATION FOR MARKINGS (18") (YLD TRI) EA 79 DOLLARS CENTS PER UNIT INSTALL TRAFFIC SIGNAL ASSEMBLY (TURNKEY) (As Required for Traffic Flow) EA 1 DOLLARS CENTS PER UNIT PORTABLE CHANGEABLE MESSAGE SIGN EA 3 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev of 448

101 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION CURB INLET SEDIMENT PROTECTION LF 1,600 DOLLARS CENTS PER UNIT DC-0001 CHAIN LINK FENCE (INSTALL) (6") (BARB TOP) (BLACK PVC COATED) LF 207 DOLLARS CENTS PER UNIT DC-0002 GATE (INSTALL) (DOUBLE) (6'X14') (BARB TOP) (BLACK PVC COATED) EA 1 DOLLARS CENTS PER UNIT DC-0003 CHAIN LINK FENCE GATE (INSTALL) (4') (BARB TOP) (BLACK PVC COATED) EA 1 DOLLARS CENTS PER UNIT DC-0004 INLETGUARD INLET PROTECTION (Or Equivalent) EA 23 DOLLARS CENTS PER UNIT DC-0005 UNIQUE PAVING MATERIAL TON 3.33 DOLLARS CENTS PER UNIT DC EZ STREET ASPHALT TON 3.33 DOLLARS CENTS PER UNIT DC PERMA PATCH TON 3.33 DOLLARS CENTS PER UNIT DC-0006 REMOVE MAILBOX EA 40 DOLLARS CENTS PER UNIT DC-0007 INSTALL TEMP MAILBOX EA 40 DOLLARS CENTS PER UNIT DC-0008 INLET (COMPL) (CURB) (8') EA 3 DOLLARS CENTS PER UNIT DC-0009 INLET (COMPL) (CURB) (20') EA 3 DOLLARS CENTS PER UNIT DC-0010 INLET (COMPL) (RC) (8') EA 2 DOLLARS CENTS PER UNIT DC-1011 INLET (COMPL) (RC) (10') EA 2 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev of 448

102 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION DC-1012 INLET (COMPL) (RC) (14') EA 7 DOLLARS CENTS PER UNIT DC-0013 INLET (COMPL) (RC) (20') EA 5 DOLLARS CENTS PER UNIT DC-0014 INLET (COMBO) (4-GRATE) EA 1 DOLLARS CENTS PER UNIT DC " PEDESTRIAN RAIL LF 262 DOLLARS CENTS PER UNIT DC-5900 STORM WATER POLLUTION PREVENTION PLAN LS 1 DOLLARS CENTS PER UNIT DC-6340 PROJECT SIGNS EA 2 DOLLARS CENTS PER UNIT SUBTOTAL SCHEDULE 1: SCHEDULE 2 - LIGHTING DRILL SHAFT (RDWY ILL POLE)(24") LF 237 DOLLARS CONDT (PVC) (SCH 40)(2") LF 6,994 DOLLARS CENTS PER UNIT GROUND BOX TY C (162911) W/APRON EA 20 DOLLARS CENTS PER UNIT IN SM RD SN SUP & AM TY10BWG (1) SA (P) EA 87 DOLLARS CENTS PER UNIT RELOCATE SM RD SN SUP&AM TY10BWG EA 18 DOLLARS CENTS PER UNIT REMOVE SM RD SN SUP & AM EA 12 DOLLARS CENTS PER UNIT SUBTOTAL SCHEDULE 2: Bid Doc No. 09 Rev of 448

103 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION SCHEDULE 3 - LANDSCAPING & UTILITIES (All City of Sachse Items will coinside with any 2014 TXDOT Items where applicable) COS-0001 REMOVE ENTRY SIGN EA 5 DOLLARS CENTS PER UNIT COS-0002 REMOVE, SALVAGE, TRANSPORT FIRE HYDRANT TO CITY EA 6 DOLLARS CENTS PER UNIT COS-0003 FIRE HYDRANT FURNISH & INSTALL EA 8 DOLLARS CENTS PER UNIT COS-0004 WATER 6" (DR-14) PVC, FITTINGS AND BLOCKING (INCLUDED) LF 139 DOLLARS CENTS PER UNIT COS-0005 WATER 8" (DR-14) PVC, FITTINGS AND BLOCKING (INCLUDED) LF 709 DOLLARS ` CENTS PER UNIT COS-0006 WATER 12" (DR-14) PVC, FITTINGS AND BLOCKING (INCLUDED) LF 23 DOLLARS CENTS PER UNIT COS-0007 WATER 16" (DR-18) PVC, FITTINGS AND BLOCKING (INCLUDED) LF 194 DOLLARS CENTS PER UNIT COS-0008 CUT & PLUG EX. 4" WATER EA 1 DOLLARS CENTS PER UNIT COS-0009 CUT & PLUG EX.6" WATER EA 7 DOLLARS CENTS PER UNIT COS " GATE VALVE FURNISH & INSTALL EA 8 DOLLARS CENTS PER UNIT COS " GATE VALVE FURNISH & INSTALL EA 6 DOLLARS ` CENTS PER UNIT COS " GATE VALVE FURNISH & INSTALL EA 2 DOLLARS CENTS PER UNIT COS " GATE VALVE FURNISH & INSTALL EA 1 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev of 448

104 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION COS ''x6" TAPPING SLEEVE EA 2 DOLLARS CENTS PER UNIT COS "X6" TAPPING SLEEVE EA 2 DOLLARS CENTS PER UNIT COS "X8" TAPPING SLEEVE EA 3 DOLLARS CENTS PER UNIT COS "X6" TAPPING SLEEVE EA 2 DOLLARS CENTS PER UNIT COS "X8" TAPPING SLEEVE EA 1 DOLLARS ` CENTS PER UNIT COS "X12" REPAIR SLEEVE EA 2 DOLLARS CENTS PER UNIT COS "X16" REPAIR SLEEVE EA 1 DOLLARS CENTS PER UNIT COS-0021 RELOCATE AND RECONNECT EX. WATER SERVICE EA 12 DOLLARS CENTS PER UNIT COS-0022 ADJUST WATER VALVES EA 21 DOLLARS CENTS PER UNIT COS-0023 WATER TESTING LS 1 DOLLARS CENTS PER UNIT COS-0024 DISPOSAL OF HEAVILY CHLORINATED WATER LS 1 DOLLARS CENTS PER UNIT COS-0025 CONNECT TO EXISTING WATER EA 15 DOLLARS CENTS PER UNIT COS " WATER ENCASEMENT PIPE LF 18 DOLLARS CENTS PER UNIT COS-0027 WASTEWATER 8" PVC (SDR-35) LF 1,090 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev of 448

105 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION COS-0028 WASTEWATER MANHOLE 4.0' DIAM. EA 4 DOLLARS CENTS PER UNIT COS-0029 ADJUST SANITARY SEWER MANHOLE TO FINAL GRADE EA 3 DOLLARS CENTS PER UNIT COS-0030 ADJUST SANITARY CLEANOUT EA 10 DOLLARS CENTS PER UNIT COS-0031 INSTALL 6" SANITARY CLEANOUT LATERAL EA 2 DOLLARS CENTS PER UNIT COS-0032 TV INSPECTION LF 2,188 DOLLARS CENTS PER UNIT COS-0033 VACUUM TEST SANITARY SEWER MANHOLE EA 4 DOLLARS CENTS PER UNIT COS-0034 TRENCH SAFETY FURNISH & INSTALL LF 3,245 DOLLARS CENTS PER UNIT COS " SANITARY SEWER CAP EA 1 DOLLARS ` CENTS PER UNIT COS-0036 SIDEWALK RETAINING WALL CY 15 DOLLARS ` CENTS PER UNIT COS-0037 HDPE PIPE (18") (APPURTENANCES AND FITTINGS) LF 1,943 DOLLARS CENTS PER UNIT COS-0038 INLET AND GRATE FOR HDPE PIPE EA 16 DOLLARS CENTS PER UNIT COS-0039 TEMPORARY CHAIN LINK FENCE LF 207 DOLLARS CENTS PER UNIT COS-0040 INSTALLATION LIGHTING (See note 102 of General Notes) LS 1 DOLLARS COS-0041 FOUNDATION A LIGHT POLE ASSEMBLY (INCLUDING WIRING) (See Note 102 of General Notes) CENTS PER UNIT EA 13 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev of 448

106 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY COS-0042 FOUNDATION B LIGHT POLE ASSEMBLY (INCLUDING WIRING) (See Note 102 of General Notes) TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION EA 19 DOLLARS CENTS PER UNIT COS-0043 DRAKE ELM (3" CAL.) (Includes landscape establishment & maintenance) EA 24 CENTS PER UNIT COS-0044 ALLEE ELM (3" CAL.)(Includes landscape establishment & maintenance) EA 12 DOLLARS CENTS PER UNIT COS-0045 LIVE OAK (3" CAL.) (Includes landscape establishment & maintenance) EA 33 DOLLARS CENTS PER UNIT COS-0046 TEXAS RED OAK (3" CAL.) (Includes landscape establishment & maintenance) EA 32 DOLLARS CENTS PER UNIT COS-0047 TUSCARORA CRAPEMYRTLE (Includes landscape establishment & maintenance) EA 40 DOLLARS CENTS PER UNIT COS-0048 NATCHEZ CRAPEMYRTLE (Includes landscape establishment & maintenance) EA 24 DOLLARS CENTS PER UNIT COS-0049 NELLY STEVENS HOLLY (Includes landscape establishment & maintenance) EA 8 DOLLARS CENTS PER UNIT COS-0050 TEXAS REDBUD (Includes landscape establishment & maintenance) EA 20 DOLLARS CENTS PER UNIT COS-0051 INDIAN HAWTHORN (5 GAL) (Includes landscape establishment & maintenance) EA 30 DOLLARS CENTS PER UNIT COS-0052 ADAGIO MAIDEN GRASS (3 GAL) (Includes landscape establishment & maintenance) EA 120 DOLLARS CENTS PER UNIT COS-0053 LIRIOPE (4" POTS) (Includes landscape establishment & maintenance) EA 594 DOLLARS CENTS PER UNIT COS-0054 BLUE RIG JUNIPER (1 GAL) (Includes landscape establishment & maintenance) EA 929 DOLLARS CENTS PER UNIT COS-0055 SEASONAL COLOR (4" POTS) (Includes landscape establishment & maintenance) EA 447 DOLLARS CENTS PER UNIT Bid Doc No. 09 Rev of 448

107 FOR BID NO SOLICITATION FOR SACHSE ROAD PROJECT MCIP PROJECT NO SH-78 to Miles Road IN THE CITY OF SACHSE AND COUNTY OF DALLAS, TEXAS, DISTRICT NO. 2 BASE BID TOTAL WORKING DAYS: 360 DAYS ITEM NO. ITEM DESCRIPTION UNIT QUANTITY COS-0056 TOTAL UNIT PRICE TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION RED AUTUMN SAGE (1 GAL) (Includes landscape establishment & maintenance) EA 8 DOLLARS CENTS PER UNIT COS-0057 MEXICAN BUSH SAGE (1 GAL) (Includes landscape establishment & maintenance) EA 1,160 DOLLARS CENTS PER UNIT COS-0058 DAYLILY (1 GAL)(Includes landscape establishment & maintenance) EA 1,055 DOLLARS CENTS PER UNIT COS-0059 TEXAS LANTANA (1 GAL) (Includes landscape establishment & maintenance) EA 815 DOLLARS CENTS PER UNIT COS-0060 COMMON BERMUDA (Includes landscape establishment & maintenance) SY 9,115 DOLLARS CENTS PER UNIT COS-0061 RIVER COBBLE CY 101 DOLLARS CENTS PER UNIT COS-0062 STEEL EDGE LF 425 DOLLARS CENTS PER UNIT COS-0063 MULCH CY 120 DOLLARS CENTS PER UNIT COS-0064 COMPOST CY 149 DOLLARS CENTS PER UNIT COS " CONCRETE MOW STRIP LF 258 DOLLARS CENTS PER UNIT COS-0066 ENTRY SIGN WALLS EA 4 DOLLARS CENTS PER UNIT COS-0067 LOW WALL LF 125 DOLLARS CENTS PER UNIT COS-0068 $ 15, IRRIGATION SYSTEM (Item 170 TXDOT) ALLOWANCE 1 FIFTEEN THOUSAND DOLLARS 15, CENTS PER UNIT SUBTOTAL SCHEDULE 3: TOTAL BASE BID: Bid Doc No. 09 Rev of 448

108 THIS PAGE INTENTIONALLY LEFT BLANK. 108 of 448

109 SECTION L BID SUMMARY SHEET 109 of 448

110 THIS PAGE INTENTIONALLY LEFT BLANK. 110 of 448

111 BID NO: BID PROPOSAL SUMMARY SACHSE ROAD PROJECT MCIP (From SH-78 to Miles Road) IN THE CITY OF SACHSE AND COUNTY OF DALLAS, DISTRICT NO. 2 PAVEMENT, DRAINAGE, WATER & SANITARY SEWER IMPROVEMENTS SUBTOTAL: SCHEDULE 1 PAVING & DRAINAGE $ SUBTOTAL: SCHEDULE 2 LIGHTING $ SUBTOTAL: SCHEDULE 3-LANDSCAPING & UTILITIES $ TOTAL BASE BID $ 111 of 448 Bid Doc No. 11 Rev 1

112 THIS PAGE INTENTIONALLY LEFT BLANK. 112 of 448

113 BID NO: BID PROPOSAL SUMMARY SACHSE ROAD PROJECT MCIP BIDDER PROFILE SHEET: Please indicate whether the principal company owner is a: (Please Check One) Dallas County Tax Payer Other County Tax Payer (Specify): Please indicate whether the principal place of business or headquarters is physically located within Dallas County (Please Check One): Yes No Legal Name of Company/Firm/Business: Doing Business As (if applicable): Address: City State Zip Code Company/Firm/Business Legal Status (check one below): Sole Proprietorship Owner s Full Name: Corporation Limited Liability Company S Corporation Partnership Limited Liability Partnership Joint Venture Other (Specify) Texas Secretary of State (SOS) File Number: Effective Texas Secretary of State Registration Date: State of Formation: Employer Identification Number (EIN)/Federal Tax Identification Number or Social Security Number: Dun & Bradstreet (D-U-N-S) Number: Cage Code: What is your company primary type of business: Years in Business: Name of Parent Corporation (if any): Is Company certified (i.e.; MBE, WBE, DBE, HUB) through an agency other than NCTRCA? Yes No If yes, please provide which agency and the applicable certification number: Bid Doc No. 11 Rev of 448

114 THIS PAGE INTENTIONALLY LEFT BLANK. 114 of 448

115 BID NO: BID PROPOSAL SUMMARY SACHSE ROAD PROJECT MCIP Specify the name, telephone number and address of the account representative who will be handling and managing this account: Note: It is the responsibility of the awarded bidder to notify Dallas County of any account representative and/or contact person changes at least ten (10) working days prior to change. Contact Person Name: Telephone Number: address: Secondary (Back-up) Contact Person: Telephone Number: address: NOTES: 115 of 448 All questions and inquiries regarding the bid must be submitted in writing to Debra Morris, Contract Specialist, by , fax or via mail. All addendums, questions, responses and answers will be posted and made available exclusively on the Dallas County Purchasing Department s website: (Go to the appropriate Bid #, click on the appropriate hyperlink for viewing and/or downloading.) Bidders are solely responsible for frequently checking this website for updates and changes to this bid. Debra.Morris@dallascounty.org Office: Fax: Mailing Address: 900 Jackson Street, Suite 680, Dallas, Texas Only written responses to written communications shall be considered official and binding upon the County. The County reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification. Note: All questions, comments and requests for clarification must reference the Bid Number on all correspondence to Dallas County. Dallas County at its sole discretion may elect to accept or reject any bid. Bid Doc No. 11 Rev 1

116 THIS PAGE INTENTIONALLY LEFT BLANK. 116 of 448

117 CONTRACT DOCUMENTS 117 of 448

118 THIS PAGE INTENTIONALLY LEFT BLANK. 118 of 448

119 SECTION M CONTRACT 119 of 448

120 THIS PAGE INTENTIONALLY LEFT BLANK. 120 of 448

121 DALLAS COUNTY ROAD AND BRIDGE CONSTRUCTION CONTRACT This agreement, made pursuant to Court Order No. dated the day of 2018, by and between Dallas County, Texas, represented by its County Judge and Commissioners Court, Party of the First Part, and hereinafter called the Contractor, his/their executor, administrator, heirs, successors or assigns, Party of the Second Part: WITNESSETH that WHEREAS, Dallas County, known as the Party of the First Part, desires to contract for the construction of Sachse Road Project, MCIP No Dallas County, or as far as the money available will construct in accordance with the provisions of the State Statutes and of the Notice to Contractors, Specifications, Proposal and Plans marked N/A annexed thereto, and made a part hereof; and WHEREAS, the Party of the Second Part has been engaged in and now does such Work and represents that he is fully equipped, competent and capable of performing the above described and outlined Work, and is ready and willing to perform such Work in accordance with the provisions of the attached Notice to Contractors, Specifications, Proposal and Plans, marked N/A. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the aforesaid parties hereto that for and in consideration of the prices and agreement mentioned in the proposal hereto attached and made a part of this contract, the said Contractor agrees to do, at his own proper cost and expense, all the Work necessary for the construction of Sachse Road Project, MCIP No , in Dallas County, in accordance with the provisions of the attached Notice to Contractors, Specifications, Proposal and Plans which are all hereby made a part of this Contract, and in full compliance with all of the terms of the Specifications and the requirements of the Engineer. The said Contractor further agrees to begin Work after the pre-construction meeting and issue of Notice to Proceed, and to complete same in 360 working days. And said County, in consideration of the full and true performance of the said Work by said Contractor, hereby agrees and binds itself to pay to said Contractor the prices set forth in the attached Proposal and in the manner provided in the attached Specifications. The Contractor EXPRESSLY WARRANTS that he has employed no third person to solicit or obtain this contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement and that he has not paid, or promised or agreed to pay, to any third person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission, or percentage upon the amount receivable by him hereunder, and that he has not, in estimating the contract price demanded by him, included any sum by reason of any such brokerage, commission or percentage; and that all monies payable to him hereunder are free from all obligations of any other person or services rendered, or supposed to have been rendered, in the procurement of this contract. The Contractor further agrees that any break of this warranty shall constitute adequate cause for the annulment of this contract by the Party of the First Part and that the Party of the First Bid Doc No. 14 Rev of 448 Page 1 of 2

122 THIS PAGE INTENTIONALLY LEFT BLANK. 122 of 448

123 Part may retain for its own use from any sums due or to become due thereunder an amount equal to any brokerage, commission, or percentage so paid or agreed to be paid. IN WITNESS WHEREOF, the Parties hereto have set their hands on this the, day of APPROVED BY: DALLAS COUNTY, TEXAS Party of the First Part: Alberta L. Blair, P.E. Director of Public Works BY: Clay Lewis Jenkins County Judge CONTRACTOR Party of the Second Part: BY : TITLE: Approved as to Form* John Creuzot Dallas County District Attorney By: Sherri Turner Dallas County Assistant District Attorney *By law, the District Attorney s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Bid Doc No. 14 Rev of 448 Page 2 of 2

124 THIS PAGE INTENTIONALLY LEFT BLANK. 124 of 448

125 SECTION N PAYMENT, PERFORMANCE, & WARRANTY BONDS 125 of 448

126 THIS PAGE INTENTIONALLY LEFT BLANK. 126 of 448

127 BOND FORMS Identification of Parties: The Principal and Surety should be identified along with the Owner. It is especially important that the Principal and Surety be identified by using their full legal names and addresses, including the legal status of the parties: sole proprietorship, general partnership, joint venture, unincorporated association, limited partnership, corporation (general or professional), etc. The identification of the Owner is for information only, since they are not parties to the bond agreement. Description of the Construction Contract: The Construction Contract should be described by date and amount and by the official name and location of the Project as used in the Construction Contract. The amount of the Construction Contract should be in both written and numerical form. Bond Amount: The dollar amount of the bond should be in both written and numerical form. The Performance Bond and Payment Bond shall be written to equal one hundred percent (100%) of the Construction Contract Amount. If applicable, if change orders are made to the contract amount, the contractor will update their bonds once a quarter per year through the end of contract and warranty periods. Surety Bond update documentation is subsidiary to other pay items. Dallas County reserves the right in the event of a change order to require proof of bonding for additional amount from the awarded vendor. Bond Date: This date should not be earlier than the date of the Construction Contract which is adopted by reference. Execution of Bonds: The bonds must be executed by a corporate surety in accordance with Article , Vernon s Texas Insurance Code. (See Attachment). Each bond must be separately signed by the Principal and the Surety. The parties executing (signing) the bond should indicate their company, print their name and title, and impress the corporate seal, if any. Where appropriate, attach a copy of the resolution or bylaw authorizing the individual to act on behalf of the firm or entity. Evidence of authority to sign on behalf of each party should be obtained. As to the Surety, this usually takes the form of a power of attorney issued by the Surety Company to the agent who signs on its behalf. Bond Payable To: All bonds executed for Public Works Contracts must be payable to the awarding governmental entity. Bid Doc No. 16 Rev of 448

128 THIS PAGE INTENTIONALLY LEFT BLANK. 128 of 448

129 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called Principal ), as Principal, and, a corporation organized and existing under the laws of the State of, with its principal office in the City of (hereinafter called the Surety ), as Surety, are held and firmly bound unto the County of Dallas, State of Texas,(hereinafter called the Owner ), in the amount of Dollars and no cents, ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of, 201, to commence work and complete work within the time established in AGREEMENT to construct of Sachse Road Project, MCIP No , which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materials to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or the work performed thereunder, or the plans specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Bid Doc No. 16 Rev of 448

130 IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this day of, 201. Done in the presence of: PRINCIPAL BY: General Contractor SURETY BY: Title ADDRESS: Title ADDRESS: The (printed) name, address, and telephone number of the Resident Agent of Surety is: Name Street Number & Name City, State & Zip Phone Number Bid Doc No. 16 Rev of 448

131 STATE OF TEXAS COUNTY OF DALLAS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called Principal ), as Principal, and, a corporation organized and existing under the laws of the State of, with its principal office in the City of, (hereinafter called the Surety ), as Surety, are held and firmly bound unto the County of Dallas, State of Texas, (hereinafter called the Owner ), in the amount of Dollars and no cents, ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of, 201, to commence work and complete work within the time established in AGREEMENT to construct of Sachse Road Project, MCIP No , which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that his bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or the work performed thereunder, or the plans specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Bid Doc No. 16 Rev of 448

132 IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this day of, 201. Done in the presence of: PRINCIPAL BY: General Contractor SURETY BY: Title ADDRESS: Title ADDRESS: The (printed) name, address, and telephone number of the Resident Agent of Surety is: Name Street Number & Name City, State & Zip Phone Number CONTRACTOR S MAINTENANCE BOND Bid Doc No. 16 Rev of 448

133 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called Principal ), as Principal, and,a corporation organized and existing under the laws of the State of, with its principal office in the City of (hereinafter called the Surety ), as Surety, are held and firmly bound unto the County of Dallas, State of Texas, (hereinafter called the Owner ), in the amount of Dollars and no cents, ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of, 201, to commence work and complete work within the time established in AGREEMENT to construct Sachse Road Project, MCIP No , which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied word for word and number for number herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) year from the date of acceptance, and to do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and to do and perform all necessary work and repair any defective condition growing out of or arising from the improperly joining of the same, or on account of any defect arising in any of said part of said work laid or contracted by the said Contractor, or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by the said Contractor, and in case the said Contractor shall fail to do, it is agreed that the Owner may do said work and supply such materials, and charge the same against the said contractor and Sureties on this obligation, and said Contractor and Sureties hereon shall be subject to the liquidated damages mentioned in said contract for each day s failure on its part to comply with the terms of the said provisions of said contract; Bid Doc No. 16 Rev of 448

134 NOW, THEREFORE, if the said Contractor shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) year, as provided, then these presents shall be null and void and have no further effect, but if default shall be made by said Contractor in the performance of its contract to so maintain and repair said work, then these presents shall have full force and effect, and said Owner shall have and recover from Contractor and its Sureties damages in the premises, as provided and it is further understood and agreed that this obligation shall be a continuing one against the principal and sureties hereon and that successive recoveries may be had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this day of, 201. Done in the presence of: PRINCIPAL BY: General Contractor SURETY BY: Title ADDRESS: Title ADDRESS: The (printed) name, address, and telephone number of the Resident Agent of Surety is: Name Street Number & Name Phone Number City, State & Zip Bid Doc No. 16 Rev of 448

135 CONTRACT SPECIFICATIONS 135 of 448

136 THIS PAGE INTENTIONALLY LEFT BLANK. 136 of 448

137 SECTION O GENERAL PROVISIONS AND REGULATIONS 137 of 448

138 THIS PAGE INTENTIONALLY LEFT BLANK. 138 of 448

139 LOCAL GOVERNMENT GENERAL REQUIREMENTS AND COVENANTS GENERAL REQUIREMENTS AND COVENANTS Page 1 of 106 MCIP PROJECT January 16, of 448

140 Item 1L Abbreviations and Definitions 1. APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents, the intent and meaning will be interpreted as shown below. 1.1 ABBREVIATIONS AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee, Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S. Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute GENERAL REQUIREMENTS AND COVENANTS Page 2 of 106 MCIP PROJECT January 16, of 448

141 DBE DMS EIA EPA FHWA FSS GSA HUB ICEA IEEE IESNA IMSA ISO ITS ITE LG LRFD MASH MPL NCHRP NCR NEC NEMA NEPA NESC NFPA NIST NRM NRMCA NSBA NTPEP OSHA PCA PCI PE PSI PPI PS&E PSL PTI QA QC Disadvantaged Business Enterprise Departmental Material Specification Electronic Industries Alliance United States Environmental Protection Agency Federal Highway Administration, U.S. Department of Transportation Federal Specifications and Standards (General Services Administration) United States General Services Administration Historically Underutilized Business Insulated Cable Engineers Association Institute of Electrical and Electronics Engineers Illuminating Engineering Society of North America International Municipal Signal Association International Organization for Standardization Intelligent Transportation System Institute of Transportation Engineers Local Government Load and Resistance Factor Design Manual for Assessing Safety Hardware Material Producer List (TxDOT document) National Cooperative Highway Research Program Nonconformance Report (TxDOT form) National Electrical Code (Published by NFPA) National Electrical Manufacturers Association National Environmental Policy Act National Electrical Safety Code National Fire Protection Association National Institute of Standards and Technology Nonhazardous Recyclable Material National Ready Mixed Concrete Association National Steel Bridge Alliance National Transportation Product Evaluation Program Occupational Safety & Health Administration, U.S. Department of Labor Portland Cement Association Precast/Prestressed Concrete Institute Professional Engineer Pounds Per Square Inch Plastics Pipe Institute Plans, Specifications, and Estimates Project-Specific Location Post-Tension Institute Quality Assurance Quality Control RCP Reinforced Concrete Pipe GENERAL REQUIREMENTS AND COVENANTS Page 3 of 106 MCIP PROJECT January 16, of 448

142 RPLS RRC SAE SBE SFPA SI SPIB SSPC TAC TCEQ TDLR TGC TMUTCD TxDOT UL USC WRI WWPA Registered Public Land Surveyor Railroad Commission of Texas Society of Automotive Engineers Small Business Enterprise Southern Forest Products Association International System of Units Southern Pine Inspection Bureau The Society for Protective Coatings Texas Administrative Code Texas Commission on Environmental Quality Texas Department of Licensing and Regulation Texas Government Code Texas Manual on Uniform Traffic Control Devices Texas Department of Transportation Underwriters Laboratory, Inc. United States Code Wire Reinforcement Institute Western Wood Products Association 1.2 DEFINITIONS A+B Bidding. A cost-plus-time bidding procedure Abrasive Blasting. Spraying blasts of pressurized air combined with abrasive media Actual Cost. Contractor s actual cost to provide labor, material, equipment, and project overhead necessary for the work Addendum. Change in bid documents developed between advertising and bid submittal deadline Additive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item. The additive alternate items include work that may be added to the base bid work Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item. The deductive alternate items include work that may be deducted from the base bid work Advertisement. The public announcement required by law inviting bids for work to be performed or materials to be furnished Affiliates. Two or more firms are affiliated if they share common officers, directors, or stockholders; a family member of an officer, director, or stockholder GENERAL REQUIREMENTS AND COVENANTS Page 4 of 106 MCIP PROJECT January 16, of 448

143 of one firm serves in a similar capacity in another of the firms; an individual who has an interest in, or controls a part of, one firm either directly or indirectly also has an interest in, or controls a part of, another of the firms; the firms are so closely connected or associated that one of the firms, either directly or indirectly, controls or has the power to control another firm; one firm controls or has the power to control another of the firms; or the firms are closely allied through an established course of dealings, including, but not limited to, the lending of financial assistance Air Blasting. Spraying blasts of pressurized air free of oil and moisture Air Temperature. The temperature measured in degrees Fahrenheit ( F) in the shade, not in the direct rays of the sun, and away from artificial heat Anticipated Profit. Profit for work not performed Apparent Low Bidder. The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner Architect of Record. A person registered as an architect or licensed as a landscape architect, in accordance with State law, exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract; or a firm employed by the Owner to provide professional architectural services Arterial Highway. A highway used primarily for through traffic and usually on a continuous route Available Bidding Capacity. The Contractor s approved bidding capacity less uncompleted work on Department Contracts Notice of Award. The Owner s acceptance of a Contractor s bid for a proposed Contract that authorizes the Owner to enter into a Contract Base Bid. The total bid amount without additive alternates Bid. The offer from the Bidder for performing the work described in the bid documents, submitted on the prescribed bid form, considering addenda issued and giving unit bid prices for performing the work described in the bid documents Bid Bond. The security executed by the Contractor and the Surety furnished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract Bid Documents. The complete set of documents necessary for a Bidder to submit a bid. The documents may include plans, specifications, special specifications, special provisions, addenda, and the prescribed form a Bidder is to submit as the GENERAL REQUIREMENTS AND COVENANTS Page 5 of 106 MCIP PROJECT January 16, of 448

144 Bid. Other terms used may include general conditions, proposal, instructions to bidders, and construction specifications Bid Error. A mathematical mistake made by a Bidder in the unit price entered into the bid documents Bid Form. The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid to be considered Bidder. An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for a proposed Contract Bidders Questionnaire. A prequalification form completed by a prospective Bidder reflecting a Bidder s financial data and experience Bidding Capacity. The maximum dollar value a Contractor may have under Contract with the Department at any given time Blast Cleaning. Using one of the blasting methods, including, but not limited to, water blasting, low-pressure water blasting, high-pressure water blasting, abrasive blasting, water-abrasive blasting, shot blasting, slurry blasting, water injected abrasive blasting, and brush blasting Bridge. A structure, including supports, erected over a depression or an obstruction (e.g., water, a highway, or a railway) having a roadway or track for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 ft. between faces of abutments, spring lines of arches, or extreme ends of the openings for multiple box culverts Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material Building Contract. A Contract entered under State law for the construction or maintenance of an Owner building or appurtenance facilities. Building Contracts are considered to be construction Contracts Callout Work. Contracts, or work items in Contracts, that require a Contractor s response on an as-needed basis (e.g., see Item 351, Flexible Pavement Structure Repair ) Certificate of Insurance. A form approved by the Owner covering insurance requirements stated in the Contract Change Order. Written order to the Contractor detailing changes to the specified work, item quantities or any other modification to the Contract Commissioners Court. Dallas County Commissioners Court consisting of Commissioners from four Road and Bridge Districts and the County Judge. GENERAL REQUIREMENTS AND COVENANTS Page 6 of 106 MCIP PROJECT January 16, of 448

145 Construction Bulletin C-8. TxDOT Manual of procedures for driving and test loading piling Construction Bulletin C-9. TxDOT Manual of procedures for constructing and test loading drilled shafts Concrete Construction Joint. A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set Concrete Repair Manual. TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications ConcreteWorks. TxDOT-owned software for concrete heat analysis. Software is available on the TxDOT s website Construction Contract. A Contract entered under State law for the construction, reconstruction, or maintenance of a segment of the Owner s transportation system Consultant. The licensed professional engineer or engineering firm, or the architect or architectural firm, registered in the State of Texas and under Contract to the Owner to perform professional services. The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record Contract. The agreement between the Owner and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents Contract Documents. Elements of the Contract, including, but not limited to, the plans, specifications incorporated by reference, special provisions, special specifications, Contract bonds, change orders, addendums, and supplemental agreements Contract Time. The number of days specified for completion of the work, including authorized additional working days Contractor. The individual, partnership, limited liability company, corporation, or joint venture and all principals and representatives with which the Contract is made by the Owner Controlled Access Highway. Any highway to or from which access is denied or controlled, in whole or in part, from or to abutting land or intersecting streets, roads, highways, alleys, or other public or private ways Control of Access. The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority. GENERAL REQUIREMENTS AND COVENANTS Page 7 of 106 MCIP PROJECT January 16, of 448

146 Control Point. An established point shown on the plans to provide vertical and horizontal references for geometric control for construction County. Governmental division of the State of Texas, United States of America, referring to Dallas County, Texas Cross-Sections. Graphic representations of the original ground and the proposed facility, at right angles to the centerline or base line Culvert. Any buried structure providing an opening under a roadway for drainage or other purposes. Culverts may also be classified as bridges. (See Section , Bridge. ) Cycle. The activity necessary for performing the specified work within the right of way project limits once Daily Road-User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work Date of Written Authorization. Date of the written Notice to Proceed authorizing the Contractor to begin work Debar (Debarment). Action taken by the Owner, State, or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a highway improvement Contract as defined in local, state, or federal law Detour. A temporary traffic route around a closed portion of a road Department. When used in the context of the party with whom the Contractor has a Construction Contract, Department refers to Owner. When used in other contexts such as technical specifications, refers to the Texas Department of Transportation Departmental Material Specifications. Reference specifications for various materials published by TxDOT s Construction Division with a DMS-XXXXX numbering system Direct Traffic Culvert. Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment Disadvantaged Business Enterprise. A small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51% owned by one or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged GENERAL REQUIREMENTS AND COVENANTS Page 8 of 106 MCIP PROJECT January 16, of 448

147 individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it Divided Highway. A highway with separate roadways intended to move traffic in opposite directions Easement. A real property right acquired by one party to use land belonging to another party for a specified purpose Engineer. The Professional Engineer licensed in Texas who represents the interests of the Owner Engineer of Record. A person registered as a Professional Engineer in accordance with State law, exercising overall responsibility for the design or a significant portion of the design and performs certain responsibilities as described in the contract; or a firm employed by Dallas County to provide professional engineering services Entity. Political subdivision for which the project is designed and constructed. Either a Municipality (City) or a County or other entity organized under the authority of State of Texas statutes. May also be referred to as an Owner Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections Family Member. A family member of an individual is the individual s parent, parent s spouse, step-parent, step-parent s spouse, sibling, sibling s spouse, spouse, child, child s spouse, spouse s child, spouse s child s spouse, grandchild, grandparent, uncle, uncle s spouse, aunt, aunt s spouse, first cousin, or first cousin s spouse Force Account. Payment for directed work based on the actual cost of labor, equipment, and materials furnished with markups for project overhead and profit Freeway. An expressway with full control of access Frontage Road. A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access (sometimes known as a service road, access road, or insulator road) Hazardous Materials or Waste. Hazardous materials or waste include, but are not limited to, explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations High-Pressure Water Blasting. Water blasting with pressures between 5,000 and 10,000 psi. GENERAL REQUIREMENTS AND COVENANTS Page 9 of 106 MCIP PROJECT January 16, of 448

148 Highway, Street, or Road. General terms denoting a public way for purposes of vehicular travel, including the entire area within the right of way. Recommended usage in urban areas is highway or street; in rural areas, highway or road Historically Underutilized Business. A corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit certified by the Texas Comptroller of Public Accounts, and 51% owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, Asian-Pacific Americans, Native Americans, or women, and have a proportionate interest and demonstrate active participation in the control, operation, and management of the business affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification Holiday. Dallas County Commissioners Court designates 8-10 holidays each year in September for the next Fiscal Year. National Holidays sometimes coincide with County holidays, but not always. Contractor will observe Dallas County holidays. The list of appropriate holiday dates will be made available to Contractor by Dallas County. Typically, County holidays observed are : the first day of January, New Years Day; the third Monday in January, Martin Luther King, Jr., day; the last Monday of May, Memorial Day; July 4th, Independence Day; the first Monday in September, Labor Day the fourth Thursday in November, Thanksgiving (usually a two day holiday) December 25, may have another day attached dependent on the calendar Incentive/Disincentive Provisions. An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion dates. The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control, delays to the motorists, and other items involved in the Contract Independent Assurance Tests. Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program. The tests are performed by the Owner or the Owner s representative and are not used for acceptance purposes Inspector. The person assigned by the Owner to inspect any or all parts of the work and the materials used for compliance with the Contract Intelligent Transportation System. An integrated system that uses video and other electronic detection devices to monitor traffic flows. GENERAL REQUIREMENTS AND COVENANTS Page 10 of 106 MCIP PROJECT January 16, of 448

149 Intersection. The general area where 2 or more highways, streets, or roads join or cross, including the roadway and roadside facilities for traffic movements within it Island. An area within a roadway from which vehicular traffic is intended to be excluded, together with any area at the approach occupied by protective deflecting or warning devices Joint Venture. Any combination of individuals, partnerships, limited liability companies, or corporations submitting a single bid form Lane Rental. A method to assess the Contractor daily or hourly rental fees for each lane, shoulder, or combination of lanes and shoulders taken out of service Letting. The receipt, opening, tabulation, and determination of the apparent low Bidder Letting Official. The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting Licensed Professional Engineer. A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional Engineer Limits of Construction. An area with established boundaries, identified within the highway right of way and easements, where the Contractor is permitted to perform the work Local Street or Road. A street or road primarily for access to residence, business, or other abutting property Low-Pressure Water Blasting. Water blasting with pressures between 3,000 and 5,000 psi Maintenance Bond. The security executed by the Contractor and the Surety, furnished to the Department to guarantee the maintenance and good repair after the completion and acceptance of the work in accordance with the terms of the Contract for a specified period of time Major Item. An item of work included in the Contract that has a total cost equal to or greater than 5% of the original Contract or $100,000 whichever is less Material Producer List. TxDOT-maintained list of approved products. Referenced as Department s MPL Materially Unbalanced Bid. A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner. GENERAL REQUIREMENTS AND COVENANTS Page 11 of 106 MCIP PROJECT January 16, of 448

150 Mathematically Unbalanced Bid. A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder s anticipated profit, overhead costs, and other indirect costs Median. The portion of a divided highway separating the traffic lanes in opposite directions Milestone Date. The date that a specific portion of the work is to be completed, before the completion date for all work under the Contract Monolithic Concrete Placement. The placement of plastic concrete in such manner and sequence to prevent a construction joint Multiple Work Order Contracts. Contracts with recurring maintenance or nonsite-specific work National Holidays. As approved by Dallas County Commissioners Court for year year Nonhazardous Recyclable Material. A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials Nonresident Bidder. A Bidder whose principal place of business is not in Texas. This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas Nonresponsive Bid. A bid that does not meet the criteria for acceptance contained in the bid documents Non-Site-Specific Contracts. Contracts in which a geographic region is specified for the work and for which work orders, with or without plans, further detail the limits and work to be performed Notice to Proceed, Written notification to the Contractor authorizing work to begin Notification. Either written or oral instruction to the Contractor concerning the work. Voice mail is oral notification Owner, Political subdivision for whom the project is designed and constructed. Either a Municipality (City), a County or other entity organized under the authority of State of Texas statutes. May also be referred to as an Entity Pavement. That part of the roadway having a constructed surface for the use of vehicular traffic. GENERAL REQUIREMENTS AND COVENANTS Page 12 of 106 MCIP PROJECT January 16, of 448

151 Pavement Structure. Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed Surface Course. Pavement structure layers designed to accommodate the traffic load. The top layer resists skidding, traffic abrasion, and the disintegrating effects of climate and is sometimes called the wearing course Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface course Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed Subgrade Treatment. Modifying or stabilizing material in the subgrade Payment Bond. The security executed by the Contractor and the Surety, furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract Performance Bond. The security executed by the Contractor and the Surety, furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract Plans. The approved drawings, including true reproductions of the drawings that show the location, character, dimensions, and details of the work and are a part of the Contract Power of Attorney for Surety Bonds. An instrument under corporate seal appointing an attorney-in-fact to act on behalf of a Surety in signing bonds Prequalification. The process for determining a Contractor s eligibility to bid work Prequalification Statement. The forms on which required information is f urnished concerning the Contractor s ability to perform and finance the work Project Manager. The person designated by the Dallas County Director of Public Works and Engineering who has approval authority of all work covered in these specifications Project-Specific Location. A material source, plant, waste site, parking area, storage area, field office, staging area, haul road, or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract Proposal. The offer of the Bidder submitted on the prescribed form, including addenda issued, giving unit bid prices for performing the work described in the plans and specifications. GENERAL REQUIREMENTS AND COVENANTS Page 13 of 106 MCIP PROJECT January 16, of 448

152 Proposal Guaranty. The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work Quality Assurance. Sampling, testing, inspection, and other activities conducted by the Engineer to determine payment and make acceptance decisions Quality Control. Sampling, testing, and other process control activities conducted by the Contractor to monitor production and placement operations Ramp. A section of highway for the primary purpose of making connections with other highways Recurring Maintenance Work Contracts. Contracts or work for which maintenance is needed at the same location on more than one occasion (e.g., mowing contracts for which mowing cycles are requested on multiple occasions) Referee Tests. Tests requested to resolve differences between Contractor and Owner test results. The referee laboratory is the Owners Regular Item. A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates Replacement Alternate. A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work Responsive Bid. A bid that meets all requirements of the advertisement and the bid documents for acceptance Right of Way. A general term denoting land or property devoted to transportation purposes Roadbed. The graded portion of a highway prepared as foundation for the pavement structure and shoulders. On divided highways, the depressed median type and the raised median type highways are considered to have 2 roadbeds. Highways with a flush median are considered to have 1 roadbed. Frontage roads are considered separate roadbeds Road Master. A railroad maintenance official in charge of a division of railway Roadside. The areas between the outside edges of the shoulders and the right of way boundaries. Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. GENERAL REQUIREMENTS AND COVENANTS Page 14 of 106 MCIP PROJECT January 16, of 448

153 Roadway. The portion of the highway (including shoulders) used by the traveling public Routine Maintenance Contract. A Contract let through the routine maintenance contracting procedure to preserve and repair roadways, rights of way, and appurtenances Sandblasting, Dry. Spraying blasts of pressurized air combined with sand Sandblasting, Wet. Spraying blasts of pressurized water combined with sand Shoulder. That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses Shot Blasting. Spraying blasts of pressurized air combined with metal shot Sidewalk. Portion of the right of way constructed exclusively for pedestrian use Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media Special Provisions. Additions or revisions to these standard specifications or special specifications Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications Specifications. Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract. References to DMSs, ASTM or AASHTO specifications, or TxDOT bulletins and manuals, imply the latest standard or tentative standard in effect on the date of the bid. The Owner will consider incorporation of subsequent changes to these documents in accordance with Item 4L, Scope of Work Small Business Enterprise. A firm (including affiliates) whose annual gross receipts do not exceed the U.S. Small Business Administration s size standards for 4 consecutive years State. The State of Texas State Holiday. A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section , National Holidays. A list of state holidays can be found on the TxDOT s website Station. A unit of measurement consisting of 100 horizontal feet. GENERAL REQUIREMENTS AND COVENANTS Page 15 of 106 MCIP PROJECT January 16, of 448

154 Subcontract. The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents Subcontractor. An individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, truck owner-operator, wholly-owned subsidiary, or specialty-type businesses such as security companies and rental companies Subsidiary. Materials, labor, or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend Substructure. The part of the structure below the bridge seats, but not including bearings, or piling. Parapets, back walls, wing walls of the abutments, and drainage structures are considered parts of the substructure Superintendent. The representative of the Contractor who is available at all times and able to receive instructions from the Owner or authorized Owner representatives and to act for the Contractor Superstructure. The part of the structure above the bridge seats or above the springing lines of arches and including the bearings. Flatwork construction may be considered superstructure Supplemental Agreement. Written agreement entered into between the Contractor and the Owner and approved by the Surety, covering alterations and changes in the Contract. A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one party to another or other cases as desired by the Owner Surety. The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work Surplus Materials. Any debris or material related to the Contract but not incorporated into the work Suspension. Action taken by the Owner, State, or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a contract Tex XXX-X. TxDOT material test methods found on TxDOT s Construction Division Web Site. GENERAL REQUIREMENTS AND COVENANTS Page 16 of 106 MCIP PROJECT January 16, of 448

155 Traffic Lane. The strip of roadway intended to accommodate the forward movement of a single line of vehicles Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes Truck Owner-Operator. An individual who owns and operates 1 truck for hire UT-Bridge. TxDOT-owned software for steel girder erection. Software is available on TxDOT s website UT-Lift. TxDOT-owned software for steel girder erection. Software is available on TxDOT s website Utility. Privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power, heat, gas, oil, water, waste, or storm water that are not connected with the highway drainage, signal systems, or other products that directly or indirectly serve the public; the utility company Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing Water-Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media Water Blasting. Spraying blasts of pressurized water of at least 3,000 psi Water-Injected Abrasive Blasting. Abrasive blasting with water injected into the abrasive/air stream at the nozzle Wholly-Owned Subsidiary. A legal entity owned entirely by the Contractor or subcontractor Women Owned Business Enterprises. Business whose ownership is greater than fifty percent owned by and whose day to day operations are supervised by Women Work. The furnishing of all labor, materials, equipment, and other incidentals necessary for the successful completion of the Contract Working Day. A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays as authorized and designated by Dallas County Commissioners Court, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal units of work under way for a continuous period of not less than 7 hours between 7 A.M. and 6 P.M. For every Saturday on which the Contractor chooses to work, one day GENERAL REQUIREMENTS AND COVENANTS Page 17 of 106 MCIP PROJECT January 16, of 448

156 will be charged against the Contract working time when weather conditions will permit 7 hours of work as outlined above. A principal unit of work shall be that unit which controls the completion time of the Contract. Nothing in this item shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Work on Sunday and legal holidays authorized and designated by Commissioners Court will not be permitted except in cases of extreme emergency and then only with the written permission of the Director of Public Works and Engineering. If Sunday work or work on legal holidays is permitted, working time will be charged on the same basis as week days Work Order. Written notice to the Contractor to begin the work. The work order may include the date on which work or time charges are to begin, the number of working days for specified work (for multiple work order Contracts), and plan sheets providing additional details specific to a location or to an item of work for non-site-specific work Written Notice. Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular, registered, or certified mail and delivered to the last known business address; sent by facsimile to the last known phone number; or sent by to the last known address. The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. GENERAL REQUIREMENTS AND COVENANTS Page 18 of 106 MCIP PROJECT January 16, of 448

157 Item 2L Instructions to Bidders 2. INTRODUCTION Instructions to the Contractor in these specifications are generally written in active voice, imperative mood. The subject of imperative sentences is understood to be the Contractor. The Owner s responsibilities are generally written in passive voice, indicative mood. Phrases such as as approved, unless otherwise approved, upon approval, as directed, as verified, as ordered, and as determined refer to actions of the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which they relate are within the limitations of and authorized by the Contract. 2.1 ISSUING BID DOCUMENTS Bid Documents may be obtained at Copies will be available in CD format at $ cost. At the time Bid Documents are obtained, Bidder must provide a working address, so as to receive any addenda or clarification issued by the Owner. Upon request, bidders will be furnished a Proposal form by the Department of Public Works which will state the location and description of the proposed Work and an itemized list of the items of Work to be done, or materials to be furnished, upon which bid prices are asked. The Proposal form will provide the time within which the Work is to be completed, the amount of Proposal guaranty, and such information as to ability, skill and business standing as may be necessary. The Specifications and "Special Provisions" may be bound with the Proposal form or in a separate binder. The Owner will not issue bid documents if one or more of the following apply: the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid documents, the Bidder failed to enter into a Contract on the original award, the Bidder was defaulted or terminated on the original Contract, unless the Owner terminated for convenience, or the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based. GENERAL REQUIREMENTS AND COVENANTS Page 19 of 106 MCIP PROJECT January 16, of 448

158 2.2 INTERPRETING ESTIMATED QUANTITIES The quantities listed in the bid documents are approximate and will be used for the comparison of bids. Payment will be made by the County to the Contractor only for the actual quantities of Work performed or materials furnished in accordance with the Contract and Item 4, "Scope of Work" and Item 9, "Measurement and Payment." The quantity of Work to be done and materials to be furnished may be increased or decreased as hereinafter provided. 2.3 EXAMINING DOCUMENTS AND WORK LOCATIONS Bidders are required, prior to submitting any Proposal, to read the Specifications, Proposal, Contract and Bond forms carefully, to visit the site of the Work, to examine carefully local conditions, to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work or time required to make an intelligent Proposal. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and 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. Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. 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 (5) days prior to the bid opening. Bidders shall rely exclusively on their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the Proposal may be based. Any Bidder by the filing of his Proposal represents and warrants that he/she has prepared his/her bid in accordance with the Specifications, with full knowledge and understanding of the terms and provisions thereof; that he/she has reviewed, studied and examined the bid prior to the signing and filing of same, and that he/she was cognizant of the terms of his Proposal, verified his calculations and found them to be correct and agrees to be bound thereby. Bidders are hereby further advised to visit the site of Work and to carefully examine conditions, particularly with respect to utility installations, that may affect their scheduling, administering, progress and/or cost of doing the Work. Bidders are further advised that failure on the part of any utility (public or GENERAL REQUIREMENTS AND COVENANTS Page 20 of 106 MCIP PROJECT January 16, of 448

159 franchised), after issuance of a work order (Article 3.8., Beginning of Work ) at a time mutually agreed to by the Engineer and Contractor, to adjust and/or relocate, in a timely manner, a utility installation (surface or sub surface) that is obstructing proposed construction under this Contract, shall not be considered sufficient basis for a claim for adjustment in the unit prices or Contract amount in any manner whatsoever, except under the conditions of Article , Existing Structures. Time charges may be suspended, when in the opinion of the Engineer, such utility obstructions will delay the satisfactory execution and completion of the Work as anticipated by the approved schedule of work submitted by the Contractor. 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. 2.4 PREPARING THE BID The Bidder shall submit their Proposal on the forms furnished by the Dallas County Department of Public Works and Engineering or in the format described in SPECIAL PROVISION, IMPORTANT NOTICE TO CONTRACTORS, SUBMITTING BID PROPOSALS BY COMPUTER PRINTOUT. All blank spaces in the form shall be correctly filled in and the Bidder shall state the prices, both in words and numerals for which he/she proposes to do the contemplated work or to furnish the required material. Specify a unit price in dollars and cents (including a bid of zero, if appropriate) for each regular item, additive alternate item, deductive alternate item, or replacement alternate item for which an estimated quantity is given. The prices shall be written in ink, distinctly and legibly or in the format specified by the Special Provision noted above. In cases of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the Proposal is submitted by an individual, his/her name must be signed by him/her or his/her duly authorized agent. If the Proposal is submitted by a partnership or joint venture, the name and address of each member must be given and the Proposal signed by a member of the partnership or joint venture, duly authorized. If the Proposal is submitted by a corporation, the corporate name and business address must be given and the Proposal signed by an official or duly authorized agent. Powers of Attorney or Corporate Resolutions, authorizing signatory to bind the bidding entity, must be properly certified in writing and submitted with the Proposal. It is understood and agreed that the Proposal may not be withdrawn after the bids have been opened. When Working Days is an item, submit the number of working days to be used to complete the Contract or phases of the Contract. The Owner will not accept an incomplete bid. A bid that has one or more of the deficiencies listed below is considered incomplete: GENERAL REQUIREMENTS AND COVENANTS Page 21 of 106 MCIP PROJECT January 16, of 448

160 the bid form was not signed, all certifications were not acknowledged, a regular item, additive alternate item or deductive alternate item is left blank, a regular item and the corresponding replacement alternate item are left blank, the bid form submitted had the incorrect number of items, or all addenda were not acknowledged Communications Regarding The Bid. All questions regarding this bid are to be submitted, in writing, to the Debra Morris, Purchasing Contracts Specialist or via at: Debra.Morris@dallascounty.org or by fax (214) You may inquire regarding your previous fax or by calling (214) or via mail to Dallas County Purchasing Department, 900 Jackson Street, Suite 680, Dallas, Texas All questions, comments and requests for clarification must reference the bid number on all correspondence to Dallas County. Any oral communications shall be considered unofficial and non-binding. Only written responses to written communication shall be considered official and binding upon the County. The County reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification. All addendums and/or any other correspondence (general information, question and responses) to the bid will be made available exclusively through the Dallas County website for retrieval. Contractors are solely responsible for frequently checking this website for updates. Addendums to this bid can be located at the following web address: (go to the appropriate BID#, click on the appropriate hyperlink for viewing and /or downloading). 2.5 REJECTION OF PROPOSALS AND TERMINATION OF CONTRACTS General. The Commissioners Court reserves the right to reject any or all of the proposals submitted. Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration of words or figures or erasures not initialed by the person or persons signing the proposal or irregularities of any kind. The following specific reasons may be cause for rejection: Proposal guaranty is not a Cashier's Check or Bank Certified Money Order on a State or National Bank Association payable to the order of the County Judge. GENERAL REQUIREMENTS AND COVENANTS Page 22 of 106 MCIP PROJECT January 16, of 448

161 Proposal guaranty is less than the amount prescribed by the proposal. Proposal is submitted by an unqualified bidder. The proposal submitted has too few or too many bid items due to bidder not submitting latest revised version of the proposal as amended by addendum. Any proposal found to be non-responsive for one or more of the above deficiencies, after having been read, will be tabulated as Non-responsive. Proposals will be considered irregular if they show any omissions, alteration of form, additions, conditions not called for, unauthorized alternate bids or irregularities of any kind. However, the Commissioners Court reserves the right to waive any irregularity and to make the award in the best interest of the County Nonresponsive Bid. The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered nonresponsive: The bid was not in the hands of the Letting Official at the time and location specified in the advertisement. A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates. The Bidder failed to acknowledge receipt of all addenda issued. The bid form was signed by a person who was not authorized to bind the Bidder or Bidders. The bid guaranty did not comply with the requirements contained in this Item. The bid was in a form other than the official bid form issued by the Owner. The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents. The Bidder bid more than the maximum or less than the minimum number of allowable working days when working days was an item. The Bidder did not attend a specified mandatory pre-bid conference. The Bidder did not meet the requirements of the technical qualification. The Bidder did not include a signed State of Texas Child Support Business Ownership Form. The bidder does not meet the Owner s qualification requirements Disqualification of Bidders. Bidders may be disqualified and their proposals not considered for any of the following specific reasons: Reason for believing collusion exists among the bidders. Reasonable grounds for believing that any Bidder is interested in more than one proposal for the Work contemplated. GENERAL REQUIREMENTS AND COVENANTS Page 23 of 106 MCIP PROJECT January 16, of 448

162 The Bidder having an interest in any litigation against Dallas County. The Bidder being in arrears on any existing Contract or having defaulted on a previous Contract. Lack of competency as revealed by the financial statement, experience record, equipment statement, questionnaires, etc. Uncompleted work which in the judgment of Commissioners Court will prevent or hinder the prompt completion of additional work if awarded. Obviously unbalanced unit bid price or prices Federal Debarred Vendors Gratuities. No products and/or services utilizing Federal funds may be procured from vendors that are listed on the Federal Excluded Parties List. Government requirements for non-procurement suspension and debarment are contained in the OBM guidance 2CFR, part 180 that implements Executive Orders and Debarment and Suspension. Dallas County reserves the right to reject from award consideration and/or terminate any contract with any vendor found to be suspended, ineligible and/or debarred as outlined herein. Do not offer Department employees benefits, gifts, or favors. Failure to honor this policy may result in the termination of the Contract and sanctions under the Texas Administrative Code. 2.6 SUBMITTAL OF BIDS Electronic Bids. When electronic bidding is available, the Bidder is responsible for taking the appropriate measures to submit a bid. These measures include, but are not limited to, acquiring hardware, software, and Internet connectivity needed for submitting a bid via the Owner s bidding system Bid Form. Use the electronic bid form in the Owner s bidding system. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda listed in the Owner s bidding system. The electronic bid form may not contain the special provisions, special specifications, general notes, and other Contract documents. These documents are included by reference Bid Guaranty. Provide a bid guaranty in the amount indicated on the bid form. Use an electronic bid bond. Guaranty checks or printed bid bonds will not be accepted. GENERAL REQUIREMENTS AND COVENANTS Page 24 of 106 MCIP PROJECT January 16, of 448

163 Use the most current version of the electronic bond accepted by the Owner. For a joint venture, the bond must be in the name of all joint venture participants. Enter the bond authorization code into the Owner s bidding system. It is the Bidder s responsibility to ensure the electronic bid bond is issued in the name or names of the Bidder or Bidders. No Proposal will be considered unless it is accompanied by a Certified or Cashier's Check on any State or National Bank in the State of Texas or an acceptable Bidder's Bond, in the amount of not less than five (5) per cent of the total amount of the bid and payable unconditionally to County Judge, Dallas County, Texas. The Proposal guaranty is required by Dallas County as evidence of good faith and as a guaranty that if awarded the Contract, Bidder will execute the Contract, furnish the required Bonds within twenty (20) calendar days after the award of said Contract or pay the damages as set forth in Article 3.5., FAILURE TO ENTER CONTRACT, hereof. Said Bidder's Bond shall not be withdrawn after the opening of the bids. Checks of unsuccessful bidders will be returned to them by the County Commissioners Court or the Director of Public Works as soon as possible after all Proposals have been checked. In event the successful Bidder fails or refuses to execute the Contract in accordance with his Proposal, he and the surety shall become liable to the County of Dallas for the amount of the Bidder's Bond and the defaulting Contractor, in addition thereto, shall be liable for further damages as set forth in Article 3.5., Failure To Enter Contract hereof. In each Bidder's Bond submitted the surety thereon shall designate an agent resident in Dallas County, Texas, to whom requisite notices may be delivered and upon whom service of process may be had should it become necessary. Certified or Cashier's Checks shall receive the same consideration as Bidder's Bond under conditions as outlined above Submittal of Bid. Submit the bid using the Owner s bidding system Revising the Bid Form. Make desired changes as allowed by the Owner s bidding system up until the time and date set for the opening of bids. The last bid submitted will be used for tabulation purposes Withdrawing a Bid. Proposals filed with the County Purchasing Department cannot be withdrawn or modified after to the time set for opening proposal. Request for non-consideration of a proposal must be made in writing, addressed to the County Commissioners Court and filed with the County Purchasing Department prior to the time set for opening proposals. After other proposals are opened and publicly read, the Proposal for which non consideration is properly requested may be returned unopened. No Proposal may be withdrawn after the bids have been opened and each Bidder, in submitting a Proposal, warrants and guarantees that his bid has been carefully reviewed and checked and that it is in all things true, accurate and free of mistakes. GENERAL REQUIREMENTS AND COVENANTS Page 25 of 106 MCIP PROJECT January 16, of 448

164 2.6.7 Printed Bid Bid Form. Mark all entries in ink. As an alternative to hand writing the unit prices in the bid form, submit a typed bid form. A typed bid form must contain the information in the format shown on the Example of Bid Prices Submitted by Computer Printout in the bid form. When a Bidder submits both a completed proposal form and a properly completed computer printout, the Department will use the unit bid prices shown on the computer printout to determine the total bid amount. If the computer printout is incomplete, the Department will use the completed proposal form to determine the total bid amount of the proposal. If a Bidder submits two or more acceptable computer printouts reflecting different totals, the Department will use the lowest tabulation of all printouts. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda by checking the appropriate box on the addendum acknowledgement page. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture, provide the complete and correct name of all Bidders submitting the bid. In the case of a joint venture, the person signing the bid form must be authorized to bind all joint venture participants. If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items for foreign steel or iron materials, the Bidder must either: submit unit bid prices for domestic items only, or submit unit bid prices for both the domestic and foreign items Bid Guaranty. Provide a bid guaranty in the amount indicated on the bid documents. Use either a guaranty check or a printed bid bond. An electronic bid bond may be used as the guaranty. Ensure the electronic bid bond meets the requirements of Article , Bid Guaranty, and submit the electronic bid bond with the printed bid Guaranty Check. Make the check payable to the Owner. The check must be a cashier s check, money order, or teller s check drawn by or on a state or national bank, or a state or federally chartered credit union (collectively referred to as bank ). The check must be dated on or before the date of the bid opening. Postdated checks will not be accepted. The type of check or money order must be indicated on the face of the instrument, except in the case of a teller s check, and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and on a bank; or be payable at or through a bank. The Owner will not accept personal checks, certified checks, or other types of money orders Bid Bond. Use the bid bond form provided by the Owner. Submit the bid bond with the powers of attorney attached and in the amount specified. The bond must GENERAL REQUIREMENTS AND COVENANTS Page 26 of 106 MCIP PROJECT January 16, of 448

165 be dated on or before the date of the bid opening, bear the impressed seal of the Surety, and be signed by the Bidder or Bidders and an authorized individual of the Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond completed as outlined in this section. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with State law Submittal of Bid. Each Proposal shall be in a sealed envelope, plainly marked with the word "Proposal" and the name or description of the project as designated in the Advertisement. When submitting by mail or delivery service, place the envelope in another sealed envelope and address as indicated in the official advertisement or in the bid documents. It is the Bidder s responsibility to ensure that the sealed bid arrives at the location described on or before the time and date set for the bid opening. To be accepted, the bid must be in the hands of the Letting Official by that time of opening regardless of the method chosen for delivery. No Proposal will be considered unless it is filed with the County Purchasing Department at its office located at 900 Jackson Street, Suite 690, Founder s Square, Dallas, Texas, 75202, within the time limit for receiving proposals as stated in the Advertisement. Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda. Enter the date or dates of the addendum notification letter or letters on the outside of the sealed envelope and next to the binding signature on the bidding summary page Revising the Bid Form. Make desired changes to the bid form in ink and submit the bid to the Letting Official. The Owner will not make revisions to a bid on behalf of a Bidder Withdrawing a Bid. Submit a written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. A written request must be signed and submitted to the Letting Official with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture, the Owner will accept a request from any person authorized to bind a party to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 2.7 OPENING AND READING OF BIDS At the time, date, and location specified in the official advertisement, the Owner will publicly open and read the bids aloud. Bidders or their authorized representatives are invited to be present. GENERAL REQUIREMENTS AND COVENANTS Page 27 of 106 MCIP PROJECT January 16, of 448

166 2.8 TABULATING BIDS Official Total Bid Amount. The Owner will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount, except as provided in Section 2.9., Consideration of Bid Errors. The official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public Rounding of Unit Prices. The Owner will round off all unit bids involving fractional parts of a cent to the nearest one-tenth cent ($0.001) in determining the amount of the bid as well as computing the amount due for payment of each item under the Contract. For rounding purposes, entries of five-hundredths of a cent ($0.0005) or more will be rounded up to the next highest tenth of a cent, while entries less than five-hundredths of a cent will be rounded down to the next lowest tenth of a cent Interpretation of Unit Prices. The Owner will make a documented determination of the unit bid price if a unit bid price is illegible or conflicting in the case of replacement alternate items. The Owner s determination will be final Consideration of Unit Prices A + B Bidding. The official total bid amount will be determined by the summation of the Contract amount and the time element. The Owner will use the following formula to make the calculation: A + B1 + B2 + BX + + BT The Contract amount, equal to A in the formula, is determined by the summation of the products of the approximate quantities shown in the bid and the unit bid prices bid. The time element, equal to B1, B2, BX (when phases are included as bid components), and BT (substantial completion of the project when included as a bid component), of the bid is determined by multiplying the number of working days bid to substantially complete the project, or phases, by the daily road-user cost (RUC) provided on the bid documents. When partial days are bid they will be rounded up to the nearest whole day. The formula above determines the low Bidder and establishes the Contract time Buy America. Only apply to Federal Requirements. Comply with Buy America in accordance with Section For a Bidder who proposes to use foreign steel or iron materials to be considered the apparent low Bidder, their total bid must be at least 25% lower than the next lowest bid if that bid proposes to use domestic steel or iron materials. This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all foreign source items used in the project, as delivered to GENERAL REQUIREMENTS AND COVENANTS Page 28 of 106 MCIP PROJECT January 16, of 448

167 the project site, is less than $2,500 or one-tenth-of-one-percent (1/10 of 1%) of the Contract amount, whichever is greater Consideration of Bid Format. When a Bidder submits both a completed proposal form and a properly completed computer printout, the Department will use the unit bid prices shown on the computer printout to determine the total bid amount. If the computer printout is incomplete, the Department will use the completed proposal form to determine the total bid amount of the proposal. If a Bidder submits two or more acceptable computer printouts reflecting different totals, the Department will use the lowest tabulation of all printouts Missing Bid Price. Any proposal found to be missing a unit price for one or more of the required bid items will be tabulated with the lowest price submitted by other bidders for payment of said item of work to be done under this proposal Zero Bid Price. Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, will be tabulated as onetenth of a cent ($0.001) Consideration of Alternate Items. The Department will make two calculations using one-tenth of a cent ($0.001) for each Item if: A regular Item or a group of Items have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, and A corresponding alternate Item or group of Items, have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00. The Department will select the regular Item or Items or the alternate Item or Items at the Department s discretion if both the regular and alternate bid results in the same cost to Dallas County. The Department will use the unit price that is greater than zero for bid tabulation if: A unit price greater than zero has been entered for either a regular bid or a corresponding alternate Item or group of Items, and An entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of $0.00 has been entered for the other corresponding Item or group of Items. If a unit price has been entered for both the regular Item and a corresponding alternate Item, the Department will select the option (regular or alternate) that results in the lowest cost to Dallas County. The Department will select the regular Item or Items or the alternate Item or Items at the Department s discretion if both the regular and alternate bid results in the same cost to Dallas County. GENERAL REQUIREMENTS AND COVENANTS Page 29 of 106 MCIP PROJECT January 16, of 448

168 2.9 CONSIDERATION OF BID ERRORS TIE BIDS The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: Submit written notification to the Owner within 5 business days after the date the bid is opened. Identify the items of work involved and include bidding documentation. The Owner may request clarification of submitted documentation. The Owner will evaluate the claim of an error by the apparent low Bidder by considering the following: The bid error relates to a material item of work. The bid error amount is a significant portion of the total bid. The bid error occurred despite the exercise of ordinary care. The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Owner will result in the rejection of the bid of the apparent low bidder and the Owner may consider the second responsive bid. The erring Contractor will not be allowed to bid the project if it is relet. Rejection of bids due to the Contractor s bid error may result in the application of sanctions by the Owner. If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted, each tie Bidder will be given an opportunity to withdraw their bid. If 2 or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss. Tie bids are broken in accordance with Texas Local Government Code (b). If two responsible bidders submit the lowest and best bid, the commissioners court shall decide between the two by drawing lots in a manner prescribed by the county judge. GENERAL REQUIREMENTS AND COVENANTS Page 30 of 106 MCIP PROJECT January 16, of 448

169 Item 3L Award and Execution of Contract 3. AWARD OF CONTRACT The Owner will award, reject, or defer the Contract within 120 days after the opening of the bid. For the purpose of award, after the proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal by the unit bid prices will be considered the amount of the bid. The amounts will then be compared and the results of such comparison will be made available to the public upon award. Until the final award of the Contract, however, the right will be reserved to reject any or all proposals and to waive technical errors as may be deemed best for the interests of Dallas County. 3.1 Award. The award of the Contract, if it is awarded, will be to the lowest responsive Bidder whose Proposal shall comply with the requirements necessary to render it formal. The Owner will award the Contract to the low Bidder as determined by Article 2.8., Tabulating Bids. The Owner may award a Contract to the second lowest Bidder when the following requirements have been met: The low Bidder withdraws its bid. The low Bidder fails to enter into a contract with the Owner after Award The Director recommends in writing the award of the Contract to the second lowest Bidder and Commissioners Court agrees with the Director s recommendation for award to the second lowest Bidder. The second low Bidder s unit bid prices are reasonable Rejection. The Owner will reject the Contract if: Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future bids for the same Contract. The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future bids for the same Contract. The lowest bid is higher than the Owner s estimate and re-advertising for bids may result in a lower bid. The low bid contains a bid error that satisfies the requirements and criteria in Article 2.9, Consideration of Bid Errors. Rejection of the Contract is in the best interest of the Owner Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner. County will defer the award no longer than 120 days unless mutually agreed to in writing by all parties impacted by the potential award, rejection or deferral. GENERAL REQUIREMENTS AND COVENANTS Page 31 of 106 MCIP PROJECT January 16, of 448

170 3.1.4 Rescinding of Award. Commissioners Court has the right to cancel the award of any Contract before contract execution with no compensation due when the cancellation is in the best interest of Dallas County. 3.2 RESCINDING OF AWARD The Owner reserves the right to cancel the award of any Contract before Contract execution with no compensation due when the cancellation is in the best interest of the Owner. The Owner will return the bid guaranty to the Contractor. 3.3 DISADVANTAGED BUSINESS ENTERPRISE (DBE)/HISTORICALLY UNDERUTILIZED BUSINESS/SMALL BUSINESS ENTERPRISE (SBE) Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents. 3.4 EXECUTION OF CONTRACT Upon execution of the Contract the Contractor shall furnish and file with the Commissioners Court Surety Bonds in the amounts herein provided, in accordance with the provisions of Chapter 2253 of the Texas Government Code, V.T.C.A. and Workmen's Compensation Insurance and Commercial General Liability and Property Damage Insurance in the amounts herein required unless otherwise provided in the "Special Provisions". Such Surety Bonds and Certificates of Insurance shall specifically name the County of Dallas as Bond and Certificate Holders in full compliance with the terms and conditions hereinafter set forth. Provide the following within 20 days after written notification of award of the Contract: Contract. Executed by Contractor and Surety. No sureties will be accepted by the Commissioners Court who are now in default or delinquent on any bonds or who are interested in any litigation against the County of Dallas. All Bonds shall be made on forms furnished by the County of Dallas and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the Commissioners Court. Each Bond shall be executed by the Contractor and the surety. Each surety shall designate an agent resident in Dallas County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety ship Bonds. Executed performance bond, payment bond, and warranty bond in the full amount of the Contract price with powers of attorney. Furnish all bonds as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. GENERAL REQUIREMENTS AND COVENANTS Page 32 of 106 MCIP PROJECT January 16, of 448

171 3.4.3 Performance Bond. A good and sufficient Bond in an amount equal to 100 percent of the approximate total amount of the Contract, as evidenced by the Proposal tabulation, or otherwise guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with the Plans, Specifications and Contract Documents, including any extensions thereof, for the protection of Dallas County. This Bond is solely for the protection of Dallas County for the conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents Payment Bond. A good and sufficient Bond in an amount to equal to 100 percent of the approximate total amount of the Contract, as evidenced by the Proposal tabulation, or otherwise guaranteeing the full and proper protection of all claimants supplying labor and materials in the prosecution of the Work provided for in said Contract and for the use of each such claimant Warranty Bond. A good and sufficient Bond in an amount equal to 100 percent of the total amount of the Contract, as evidenced by the Final Pay Court Order, guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with the Plans, Specifications and Contract Documents, including any extensions thereof, for the protection of Dallas County. This Bond shall provide for the repair, and for maintenance attendant thereto, of all defects due to faulty materials, workmanship, defects, and failures that may appear within a period of one year from the date of the court order authorizing final payment, completion and acceptance of the Work by the Commissioners Court, or such other period of time as may be designated by the "Special Provisions" Insurance. Submit a Certificate of Insurance showing coverages in accordance with Contract requirements. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Owner receives an acceptable Certificate of Insurance. Provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage shown in Table 2. The Certificate of Insurance must be in a form approved by the Owner. Any Certificate of Insurance provided must be available for public inspection. Commercial General Liability Insurance policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage. The Contractor shall take out and maintain during the life of this Contract such Commercial General Liability and Property Damage Insurance as shall protect him and any sub-contractor performing Work covered by this Contract, for the following: Premises Operations; GENERAL REQUIREMENTS AND COVENANTS Page 33 of 106 MCIP PROJECT January 16, of 448

172 Independent contractors or consultants; Products/Completed Operations; Personal Injury; Contractual Liability; Explosion, Collapse and Underground; Broad Form Property Damage, to include fire legal liability. Commercial Automobile Liability insurance shall cover all owned, hired and nonowned vehicles used in connection with the work performed under the Contract Table 2 Insurance Requirements Type of Insurance Commercial General Liability Insurance Business Automobile Policy Workers Compensation All Risk Builder s Risk Insurance (For building-facilities Contracts only) Amount of Coverage Not Less Than: $1,000,000 each occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 General Aggregate Limit Not Less Than: $100,000 each person $100,000 each occurrence $300,000 each accident for bodily injury $600,000 combined single limit Not Less Than: Statutory 100% of Contract Price By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers compensation insurance. This certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors must meet the requirements of Table 2 either through their own coverage or through the Contractor s coverage. The Contractor shall provide and maintain during the life of this Contract Worker's Compensation Insurance for all of his/her employees at the site of the project and in case any Work is sublet shall provide Workmen's Compensation Insurance for all of the subcontractor s employees unless such employees are afforded protection by the Subcontractor. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide and shall cause each sub-contractor to provide adequate and suitable insurance for the protection of his/her employees not otherwise protected. The Workers Compensation policy must include a waiver of subrogation endorsement in favor of the Owner. GENERAL REQUIREMENTS AND COVENANTS Page 34 of 106 MCIP PROJECT January 16, of 448

173 For building-facilities Contracts, provide All Risk Builder's Risk Insurance to protect the Owner against loss by storm, fire or extended coverage perils on work and materials intended for use on the project including the adjacent structure. Name the Owner under the Lost Payable Clause. For Contracts with railroad requirements, see project-specific details for additional insurance requirements. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety s underwriting limitation drops below the Contract amount or the Surety s right to do business is terminated by the Owner. The substitute Surety must be authorized by the laws of the State and acceptable to the Owner. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner. The work performed under this section will not be measured or paid for directly but will be subsidiary to pertinent items Certifications and Disclosures. Disclosure of Lobbying Activities TxDOT Form 2584 Affidavit of Non-Collusion Certificate of Non-Segregated Facilities Certification of Absence of Suspension, Debarment, Voluntary Exclusion or Determination of Ineligibility Certificate of Interested Party Disclosure Form 1295 Child Support Statement for the TxDOT for Negotiated Contracts and Grants Prompt Payment Certification TxDOT Form 2177 Prime Contractor DBE Good Faith Effort TxDOT Form 2184 Disadvantaged Business Enterprise Program Commitment Agreement Form TxDOT Form 2228 Disadvantaged Business Enterprise Program Fuel Material & Supplier Commitment Agreement Form TxDOT Form 2554 Required Contract Provisions Federal-Aid Construction Contracts TxDOT Form FHWA Railroad Documents. Provide all required documents for satisfaction of railroad requirements for projects that have work which involves railroad right of way. GENERAL REQUIREMENTS AND COVENANTS Page 35 of 106 MCIP PROJECT January 16, of 448

174 3.5 FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Article 3.4., Execution of Contract, shall constitute a breach of his Proposal and the County may annul the award and apply the provisions of Article 2.6.3, BID GUARANTY. The bid guaranty will become the property of the Owner, not as a penalty, but as liquidated damages. The Contractor forfeiting the bid guaranty will not be considered in future bids for the same work unless there has been a substantial change in design of the work. The Dallas County Commissioners Court, at its option, may either accept the bid of the second lowest or best bid, as provided in Article 3, AWARD OF CONTRACT, hereof, or may re-advertise for bids. In event of re-advertisement, the defaulting Contractor shall not be eligible to bid again and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to herein. 3.6 APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner. The person or persons, partnership, company, firm, association or corporation to whom a Contract is awarded shall sign the required contractual agreements, submit proof of insurance as provided in Article Bonds and Article Insurance, and submit all bonds for the project within twenty (20) calendar days of the County's transmittal of the agreement to the Contractor. The Contract shall become effective when signed by the County Judge and approved by the County Commissioners. 3.7 RETURN OF BID GUARANTY The bid guaranty check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned. 3.8 BEGINNING OF WORK Do not begin work until authorized in writing by the Owner. The Engineer shall issue written orders to the Contractor within sixty (60) days after the Contract is fully executed to commence Work, except that if utilities or rights-of-way are not sufficiently clear, the work order may be delayed by mutual consent of the parties of the Contract. When callout work is required, provide a method of contact available from 8 A.M. until 5 P.M. every work day and 24 hr. a day, 7 days a week for projects with emergency mobilization, unless otherwise shown on the plans. The time of notice will be the transmission time of the notice sent, provided orally, or provided in person by the Owner s representative. GENERAL REQUIREMENTS AND COVENANTS Page 36 of 106 MCIP PROJECT January 16, of 448

175 Verify all quantities of materials shown on the plans before ordering. For projects with alternate bid items, the work order will identify the base bid work and additive or deductive alternate work to be performed. The Owner makes no guarantee that the additive or deductive alternate work will be required. As required by Article 2.3, Examining Documents and Work Locations, bidders are to have visited the site of Work and carefully examined conditions, particularly with respect to utility installations that may affect their scheduling, administering, progress and/or cost of doing the Work. Failure on the part of any utility (public or franchised), after issuance of a work order in accordance with this Article at a time mutually agreed to by the Engineer and Contractor, to adjust and/or relocate, in a timely manner, utility installation (surface or subsurface) that is obstructing proposed construction under this Contract, shall not be considered sufficient basis for a claim for adjustment in the unit prices or Contract amount in any manner whatsoever, except under the conditions of Article , Existing Structures. Time charges may be suspended, when in the opinion of the Engineer, such utility obstructions will delay the satisfactory execution and completion of the Work as anticipated by the approved schedule of Work submitted by the Contractor, except that such suspension shall not be authorized on calendar day contracts with early completion incentive payments. 3.9 ASSIGNMENT OF CONTRACT Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion rights, title, or interest (including claims) without the approval of the Owner or designated representative. The Owner must deem any proposed assignment justified and legally acceptable before the assignment can take place EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner or by any state or federal agency. GENERAL REQUIREMENTS AND COVENANTS Page 37 of 106 MCIP PROJECT January 16, of 448

176 Item 4L Scope of Work 4. CONTRACT INTENT The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies, tools, equipment, labor, and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. Whenever a material or article required is specified or shown on the Plans, by using the name of a proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory, provided the material or article so proposed is of equal substance and function and is approved in writing by the County. When "Special Provisions" are included in the Contract Documents, those conditions shall govern. 4.1 PRECONSTRUCTION CONFERENCE Before starting work, schedule and attend a preconstruction conference with the Owner. Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. The preconstruction conference may be scheduled with the safety preconstruction meeting described in Article , Safety Preconstruction Meeting and the railroad coordination meeting described in Article 5.8., Cooperation With Railroads. Work with the Owner to resolve all issues during the course of the Contract. Refer to Article 4.6., Dispute or Claims Procedure, for all unresolved issues. 4.2 PARTNERING The intent of this Article is to promote an environment of trust, mutual respect, integrity, and fair-dealing between the Owner and the Contractor. Informal partnering does not make use of a facilitator, while formal partnering uses the services of a facilitator (internal or external) Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering is mutually agreed to instead of the informal partnering Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical GENERAL REQUIREMENTS AND COVENANTS Page 38 of 106 MCIP PROJECT January 16, of 448

177 knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to the Engineer Internal Facilitators. An Owner or Contractor internal (staff) facilitator may be selected as the facilitator at no additional cost to either party External Facilitators. A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator. Submit the facilitator s name and estimated fees for approval before contracting with the facilitator Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances, including, but not limited to, audio or visual equipment. Make all meeting arrangements for formal partnering. Use Owner facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Owner will invite and provide a list of attendees that includes, but is not limited to, Owner, TxDOT, other local governments, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed in Article 9.7., Payment for Extra Work and Force Account Method, will not be allowed. Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, including, but not limited to, meals, travel, and lodging. Owner facilitators, if available, may be used at no additional cost. 4.3 CHANGES IN THE WORK The Engineer reserves the right to make changes in the work including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will not invalidate the Contract nor release the Surety. The Contractor is responsible for notifying the sureties of any changes to the Contract. GENERAL REQUIREMENTS AND COVENANTS Page 39 of 106 MCIP PROJECT January 16, of 448

178 If the changes in quantities or the alterations do not significantly change the character of the work under the Contract, the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly change the character of the work, the Contract will be amended by a change order. If no unit prices exist, this will be considered extra work and the Contract will be amended by a change order. Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement, the Engineer may order the work to proceed under Article 9.7., Payment for Extra Work and Force Account Method, or by making an interim adjustment to the Contract. In the case of an adjustment, the Engineer will consider modifying the compensation after the work is performed. A significant change in the character of the work occurs when: the character of the work for any item as altered differs materially in kind or nature from that in the Contract or a major item of work varies by more or less than 25% from the original Contract quantity. When the quantity of work to be done under any major item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1. Table 1 Quantity-Based Price Adjustment Factors % of Original Quantity Factor 50 and < and < < If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8, Prosecution and Progress. GENERAL REQUIREMENTS AND COVENANTS Page 40 of 106 MCIP PROJECT January 16, of 448

179 4.4 DIFFERING SITE CONDITIONS During the progress of the work, differing subsurface or latent physical conditions may be encountered at the site. The 2 types of differing site conditions are defined as: those that differ materially from those indicated in the Contract and unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered. The Engineer will notify the Contractor when the Owner discovers differing site conditions. Unless directed otherwise, do not work on the affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine whether differing site conditions exist Increased or Decreased Quantities of Work. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract, the Engineer will make adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional compensation will be made only if the required written notice has been provided. The County of Dallas reserves the right to make changes in the work including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Contractor shall perform the work as altered. These changes will not invalidate the Contract nor release the Surety. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract, the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly change the character of the work, the Contract will be amended by a change order. If no unit prices exist, this will be considered extra work and the Contract will be amended by a change order. Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree upon the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement, the County may order the work to proceed by making an interim adjustment to the Contract. A significant change in the character of the work occurs when: the character of the work for any Item as altered differs materially in kind or nature from that in the Contract, or a major item of work varies by more than 25% from the original Contract quantity. GENERAL REQUIREMENTS AND COVENANTS Page 41 of 106 MCIP PROJECT January 16, of 448

180 4.5 REQUESTS FOR ADDITIONAL COMPENSATION Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the basis for the request. An assessment of damages is not required to be part of this notice but is desirable. The intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise. Minimize impacts and costs. If written notice is not given, the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work. Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request. Submit the request in enough detail to enable the Owner to determine the basis for entitlement, adjustment in the number of working days specified in the Contract, and compensation. The Owner will not consider fees and interest on requests for additional compensation. Fees include, but are not limited to: preparation, attorney, printing, shipping, and various other fees. Damages occur when impacts that are the responsibility of the Owner result in additional costs to the Contractor that could not have been reasonably anticipated at the time of letting. Costs of performing additional work are not considered damages. For Contractor damages, the intent is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages, labor burden will be reimbursed at 35% unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in accordance with the methodology provided by the Owner, submitted separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant (CPA). Submit CPAprepared labor burden rates directly to the Owner. If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: Standby Equipment Costs. Payment will be made in accordance with Section , Standby Equipment Costs Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs, reimbursement for project overhead for the Contractor will be made using the following options: reimbursed at 6% (computed as daily cost by dividing 6% of the original Contract amount by the number of original Contract work days), or GENERAL REQUIREMENTS AND COVENANTS Page 42 of 106 MCIP PROJECT January 16, of 448

181 actual documented costs for the impacted period. Project overhead for delays impacting subcontractors will be determined from actual documented costs submitted by the Contractor. Time extensions and suspensions alone will not be justification for reimbursement for project overhead Home Office Overhead. The Owner will not compensate the Contractor for home office overhead. 4.6 DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor. Emphasis is placed on resolving issues while they are still current, at the project office, and in an informal manner. Open sharing of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not shared, decisions may be limited to relying on the documentation that is available for review. The Owners s goal is to have a dispute settled by the Engineer before elevating it as a claim. In the event that the Contractor requests additional compensation for work not covered in the contract or for changed conditions, the Contractor shall notify the County in writing of his/her intention to make a claim for additional compensation before beginning such work. For a claim resulting from enforcement of a warranty period, file the claim no later than one year after expiration of the warranty period. For all other claims, file the claim no later than the date the Owner issues notice to the Contractor that they are in default, the date the Owner terminates the Contract, or one year after the date of final acceptance of the Contract. It is the Contractor s responsibility to submit requests and to prove or justify all claims in a timely manner. An assessment of costs of damages is required to be a part of this notice. If such notice is not given and the Engineer is not provided an opportunity to keep an accurate account of the actual cost of the work in question, then the Contractor waives his/her right to file a claim for such work. Notice of claim by the Contractor and the documentation of the cost of the work by the Engineer shall not be construed as proof or substantiation of the validity of said claim. Every effort will be made to resolve this dispute at the project level and develop a supplemental agreement or change order to the contract; however, in the event that it is not resolved, the Contractor may file a formal claim with the Engineer to be forwarded to the proper officials in accordance with the County's Administrative Procedures. GENERAL REQUIREMENTS AND COVENANTS Page 43 of 106 MCIP PROJECT January 16, of 448

182 4.7 VALUE ENGINEERING CHANGE PROPOSALS Description. The Contractor may submit to the Engineer, in writing, a Value Engineering Change Proposal (VECP) for modifying the plans, specifications or other requirements of the contract for the purpose of reducing the total cost of construction. Each VECP shall result in a net savings to the contract cost without impairing essential functions and characteristics of all or any part of the project, including but not limited to service life, reliability, structural integrity, economy of operation, ease of maintenance, desired aesthetics and safety. For the purpose of calculating savings to the project, only the direct costs of materials, labor, direct labor mark-up and equipment will be considered. Indirect costs, such as project and home office overhead, will not be considered however, nothing herein shall be construed as requiring the County to approve a VECP submitted hereunder. Submissions that propose changes in the basic design of a bridge, or changes in type of pavement will not be considered. Changes to items which are lump-sum or plan quantity pay items will not be considered unless the Contractor can provide cost data in sufficient detail to demonstrate the true cost savings to the satisfaction of the Engineer. Changes initiated by the County will not be considered as VECP s. If accepted by the County, net savings resulting from the VECP will be equally shared by the County and the Contractor. The terms and conditions listed under Item 4.7, Value Engineering Change Proposals, apply to all VECP s developed and initiated by the Contractor and identified as such by the Contractor at the time of submission to the Engineer. The Contractor is cautioned not to base any bid prices on the anticipated approval of a VECP and to recognize the proposal may be rejected. In the event of rejection, the Contractor will be required to complete the Contract at the Contract bid prices Documentation and Detail Requirements. As a minimum, the following information shall be submitted with each VECP; a statement that the proposed change is to be considered as a VECP; a statement concerning the basis for the VECP and the expected benefits to the County together with a list of the contract items and requirements affected by the VECP; a detailed estimate of quantities of work items and associated costs under the existing contract and under the VECP; clearly defined limits of work areas to be affected by the VECP; proposed specifications and recommendations as to how such VECP changes are to be accomplished; and a statement as to the date by which a change order adopting the VECP must be issued in order to obtain the maximum cost benefit. GENERAL REQUIREMENTS AND COVENANTS Page 44 of 106 MCIP PROJECT January 16, of 448

183 4.7.3 The cost information submitted at this point will only be used as a basis for evaluating and either accepting or rejecting the VECP. If the VECP includes changes in design details, the Contractor shall furnish the Engineer with: Preliminary Design Details outlining the VECP concept; all engineering calculations supporting the design change; complete quantity computations and summaries; and After approval of preliminary design, fully developed, reproducible design details commensurate with the quality of the contract plans. All plan sheets containing design details and/or engineering calculations shall be signed, sealed and dated by a registered Professional Engineer, licensed to practice in the State of Texas. Should the VECP be accepted by the County, this information will expedite the implementation of the VECP. If the VECP is accepted by the County, payment to the Contractor will be based on the reduction of actual project cost. In order to verify the project savings, the Contractor shall offer proof of actual costs limited to direct costs of labor, equipment and materials Acceptance and Implementation. Once the Contractor submits a VECP, a team will be assembled to review the initiative and determine the acceptability of the VECP. This team shall consist of the Engineer and Contractor, and any other party deemed necessary by the Engineer and Contractor. In the event that the Engineer and Contractor disagree as to the acceptability of the VECP, the Engineer shall be the final judge of such acceptability. The County may accept in whole or in part any VECP by issuing a change order that will identify the VECP on which it is based. If an executed change order has not been issued by the date upon which the Contractor s proposal specifies that a decision thereon should be made, or such other date as the Contractor may have specified in writing, the VECP shall be deemed rejected unless both parties agree to an extension of time for consideration. The County will consider all proposals in a timely manner. The County will not be liable to the Contractor for failure to accept or act upon any VECP submitted pursuant to this provision, nor for any delays to the work attributable to any such proposal including, but not limited to, delays associated with testing of materials, or methods of work, or delays associated with approval of design changes. The Contractor shall remain obligated to the terms and conditions of the existing contract until the change order implementing a VECP is approved. The Engineer may reject all or any portion of the work performed under an approved VECP if unsatisfactory results are being obtained. The Engineer may direct the removal of such rejected work and require the Contractor to proceed in accordance with the original contract requirements. Cost for work performed under the VECP or its removal will be divided equally between the County and GENERAL REQUIREMENTS AND COVENANTS Page 45 of 106 MCIP PROJECT January 16, of 448

184 the Contractor. Should work be removed, replacement of all rejected work shall be in accordance with the original contract requirements and payment will be made at the original bid prices. The rejection of work performed under an approved VECP shall not constitute the basis for any claim against the County for delay or other costs Proprietary Rights. The County expressly reserves the right to adopt a VECP for general use in other contracts administered by the County when and if it determines that said proposal is suitable for application on other contracts. VECP s identical or similar to previously submitted proposals on other contracts will be eligible for consideration and compensation under these provisions if such proposals were not previously adopted for general application to other contracts. GENERAL REQUIREMENTS AND COVENANTS Page 46 of 106 MCIP PROJECT January 16, of 448

185 Item 5L Control of the Work 5.1 AUTHORITY OF ENGINEER The Engineer has the authority to observe, test, inspect, approve, and accept the work on behalf of the Owner. The Engineer decides all questions about the quality and acceptability of materials, work performed, work progress, Contract interpretations, and acceptable Contract fulfillment. The Engineer has the authority to enforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract. The Engineer s decisions will be final and binding. All Work shall be performed under the supervision of the Engineer, in a workmanlike manner, to the Engineer's satisfaction and in accordance with the Contract, Plans and Specifications. The Engineer shall decide all questions which may arise as to the quality and acceptability of materials furnished, Work performed, manner of performance, rate of progress of the Work, sequence of the construction, interpretation of the Plans and Specifications, acceptable fulfillment of the Contract, compensation, mutual rights between Contractors under these Specifications and suspension of the Work performed. The Engineer shall determine the amount and quality of Work performed and materials furnished. The Engineer s decisions shall be final and the Engineer will have authority to enforce and make effective such decisions and orders if the Contractor fails to carry out promptly. 5.2 PLANS AND WORKING DRAWINGS When required, provide working drawings to supplement the plans with all necessary details not included on the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required, before the beginning of the associated work. For all working drawing submittal requirements, the Engineer may allow electronic and other alternative submission procedures. Have a licensed professional engineer sign, seal, and date the working drawings as indicated in Table 1. Prepare working drawings using United States standard measures in the English language. The routing of submittals for review and approval will be established at the preconstruction conference. The Contractor is responsible for the accuracy, coordination, and conformity of the various components and details of the working drawings. Owner approval of the Contractor s working drawings will not relieve the Contractor of any responsibility under the Contract. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. GENERAL REQUIREMENTS AND COVENANTS Page 47 of 106 MCIP PROJECT January 16, of 448

186 Table 1 Signature and Approval Requirements for Working Drawings Requires Licensed Working Drawings For Professional Engineer s Signature, Seal, Requires Owner Approval and Date 1. Alternate or optional designs submitted by Yes Yes Contractor 2. Supplementary shop and fabrication drawings for structural Items 3. Contractor-proposed temporary facilities that affect the public safety, not included on the plans 4. Form and falsework details Bridges, retaining walls, and other major structures Minor structures No unless required on the plans See applicable Item GENERAL REQUIREMENTS AND COVENANTS Page 48 of 106 MCIP PROJECT January 16, 2019 Yes Yes unless otherwise shown on the plans No unless otherwise shown on the plans Yes No 1 5. Erection drawings Yes No 1,2 6. Contractor-proposed major modifications to traffic control plan Yes Yes 1. The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the traveling public is affected, in the opinion of the Engineer. 5.3 CONFORMITY WITH PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS The Contractor will be supplied with four copies of the Plans, Specifications and Special Provisions and shall have available to the Work at all times one copy of each. The Contractor shall give the Work his constant attention to facilitate the progress thereof and shall cooperate with the Engineer, his inspector and other Contractors in every way possible. Furnish materials and perform work in reasonably close conformity with the lines, grades, cross-sections, dimensions, details, gradations, physical and chemical No 186 of 448

187 characteristics of materials, and other requirements shown in the Contract (including additional plans for non-site-specific work). Reasonably close conformity limits will be as defined in the respective items of the Contract or, if not defined, as determined by the Engineer. Obtain approval before deviating from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engineer s approval. Work performed beyond the lines and grades shown on the plans or any extra work performed without approval is considered unauthorized and excluded from pay consideration. The Owner will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor s control Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements, but is adequate to serve the design purpose, the Engineer will decide the extent to which the work will be accepted and remain in place. The Engineer will document the basis of acceptance by a letter and may adjust the Contract price Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective. Correct, or remove and replace, the work at the Contractor s expense, as directed. The Engineer has the authority to correct or to remove and replace defective or unauthorized work. The cost may be deducted from any money due or to become due to the Contractor Removal of Defective and Unauthorized Work. All Work which has been rejected shall be removed and replaced in an acceptable manner by the Contractor at his expense. Work done beyond the lines and grades given or as shown on the Plans, except as herein provided, or any extra Work done without written authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer shall have authority to cause the defective Work to be removed and replaced and unauthorized Work to be removed, the cost thereof shall be deducted from any moneys due or to become due to the Contractor Existing Structures. The Plans show the locations of all known surface and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc., is unknown, and the County assumes no responsibility for failure to show any or all of these structures on the Plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claim for additional compensation for extra Work or for increasing the pay quantities except when the obstruction encountered is such as to necessitate changes in the lines or grades or requires the building of special GENERAL REQUIREMENTS AND COVENANTS Page 49 of 106 MCIP PROJECT January 16, of 448

188 work, as authorized by the Engineer. When this occurs the provisions in these Specifications for payment of extra work will apply. These requirements are no way intended to deny the Bidder remedies at law as may be otherwise available from others directly affecting the work progress. As required by Article 2.3., Examining Documents And Work Locations and Article 3.8., Beginning of Work bidders acknowledge that they have visited the site of Work and carefully examined conditions, particularly with respect to utility installations that may affect their scheduling, administering, progress and/or cost of doing the Work. Unless otherwise provided in the "Special Provisions", all fences, buildings and structures of any character not necessary to the construction of the Work or other obstructions upon or within the limits of the right of way shall be removed by the Contractor and disposed of as directed. The removal and disposal of such structures and obstructions shall be performed by the Contractor at his own expense and shall be considered incidental to other items of the Contract. Provided, however, that all utility lines along and across the right of way shall be protected by the Contractor. The respective owners of any utility line in conflict with the Work herein provided shall remove and/or adjust such line at no cost to the Contractor. 5.4 COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS The specifications, accompanying plans (including additional plans for non-sitespecific work), special provisions, change orders, and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions. Special provisions govern over plans (including general notes), which govern over standard specifications and special specifications. Job-specific plan sheets govern over standard plan sheets. However, in the case of conflict between plans (including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1L through 9L and Item 502, Barricades, Signs, and Traffic Handling, special provisions govern over standard specifications and special specifications, which govern over the plans. Notify the Engineer promptly of any omissions, errors, or discrepancies discovered so that necessary corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered. GENERAL REQUIREMENTS AND COVENANTS Page 50 of 106 MCIP PROJECT January 16, of 448

189 5.5 COOPERATION OF CONTRACTOR Contractor is expected to work with County exhibiting trust, commitment to a quality project and a shared vision of how to attain a quality project. All work associated with Contractor shall provide all information necessary to administer the Contract. Maintain at least one copy of the Contract at the work locations at all times. Cooperate with the Engineer. Respond promptly to instructions from the Engineer. Provide all information necessary to administer the Contract. Designate in writing a competent, English-speaking Superintendent employed by the Contractor. The Superintendent must be cooperative, responsible and competent with the work being performed and capable of reading and understanding the Plan, Specifications, and Contract. Ensure the Superintendent is available at all times and able to receive and fulfill instructions from the Engineer or authorized Owner representatives and is fully authorized to act as the agent for the Contractor. The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. At the written request of the Engineer, immediately remove from the project any employee or representative of the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform work in a proper and skillful manner or who is disrespectful, intemperate, disorderly, uncooperative, or otherwise objectionable. Do not reinstate these individuals without the written consent of the Engineer. Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. The Contractor shall provide all facilities to enable the Engineer and his/her inspectors to observe the workmanship and materials entering into the Work. The Engineer may suspend the work without suspending working day charges until the Contractor complies with this requirement. All work associated with fulfilling this requirement is subsidiary to the various items of the Contract and no direct compensation will be made. 5.6 COOPERATING WITH UTILITIES Use established safety practices when working near utilities. Consult with the appropriate utilities before beginning work. Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans, the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. GENERAL REQUIREMENTS AND COVENANTS Page 51 of 106 MCIP PROJECT January 16, of 448

190 Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the utilities. Allow utilities access to the right of way. Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is restored. Maintain access to active fire hydrants at all times unless approved by the Engineer. 5.7 COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 5.8 COOPERATION WITH RAILROADS Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the railroad company. If the work is on railroad right of way, do not interfere with the operation of the railroad company s trains or other property Railroad Coordination Meeting. When shown on the plans or directed by the Engineer, schedule and attend a railroad coordination meeting with the Engineer before beginning work or as agreed (may be a part of the preconstruction conference described in Article 4.1., Preconstruction Conference ). Prepare a list of attendees and invite personnel that includes but is not limited to Department, Contractor, subcontractor, and railroad representatives. Provide the invite to the railroad representatives at least 21 calendar days before the railroad coordination meeting Project-Specific Information. Refer to project-specific plan sheets in the Contract for specific information concerning the work to be completed by both the Contractor and the railroad within railroad right of way; railroad right of way locations impacted by construction; percentage of Contract work at each location; train movements at each location; and requirements for railroad insurance, flagging, and Right of Entry (ROE) Agreements Right of Entry Agreement (if required). The process for obtaining a fully executed ROE Agreement will be as follows: The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted construction Contract. Partially execute the ROE Agreement and return it to the Department with the required insurance attached. GENERAL REQUIREMENTS AND COVENANTS Page 52 of 106 MCIP PROJECT January 16, of 448

191 The Owner will coordinate with the railroad company regarding the further execution of the ROE Agreement and associated fees. The Owner will pay any ROE Agreement fees directly to the railroad company. Once the Owner has received the fully-executed ROE Agreement from the railroad company, the Owner will forward the fully-executed ROE Agreement to the Contractor. 5.9 CONSTRUCTION SURVEYING Use Method A unless otherwise specified in the Contract. Upon request, the Engineer will allow the Contractor to copy available earthwork cross-sections, computer printouts or data files, and other information necessary to establish and control work. Maintain the integrity of control points. Preserve all control points, stakes, marks, and right of way markers. Assume cost and responsibility of replacing disturbed control points, stakes, marks, and right of way markers damaged by the Contractor s or its subcontractor operations. If the Owner repairs disturbed control points, stakes, marks, or right of way markers, the cost of repair may be deducted from money due or to become due to the Contractor. Replace right of way markers under the direction of a RPLS. This work will be subsidiary to pertinent items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities. The Engineer s measurements and surveys do not relieve the Contractor s responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlines and for providing both vertical and horizontal control. At a minimum, provide a controlling pair of monument points at both the beginning and end of construction project for projects less than 2 miles in length. For projects greater than 2 miles in length, monuments will be set in pairs of 2 at a minimum of 2 miles based on the overall length of the project. Use these control points as reference to perform the work. Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations Method B. The Engineer will set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. Furnish additional work, stakes, materials, and templates necessary for marking and maintaining points and lines Method C. Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. GENERAL REQUIREMENTS AND COVENANTS Page 53 of 106 MCIP PROJECT January 16, of 448

192 5.10 INSPECTION The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the Work as performed is in accordance with the requirements and intent of the Contract. If the Engineer so requests, the Contractor shall at any time before acceptance of the Work, remove or uncover portions of the finished Work as may be directed. After examination, the Contractor shall restore said portion of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work". Should the Work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection. Inspectors are authorized representatives of the Engineer. Inspectors are authorized to examine all work performed and materials furnished, including preparation, fabrication, and material manufacture. Inspectors inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer. Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the Contractor, or interfere with the management of the work. Inspection, or lack of inspection, will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed without suitable inspection, as determined by the Engineer, may be ordered removed and replaced at Contractor s expense. Remove or uncover portions of finished work as directed. Once inspected, restore work to Contract requirements. If the uncovered work is acceptable, the costs to uncover, remove, and replace or make good the parts removed will be paid for in accordance with Article 4.3., Changes in the Work. If the work is unacceptable, assume all costs associated with repair or replacement, including the costs to uncover, remove, and replace or make good the parts removed. When a government entity, utility, railroad company, or other entity accepts or pays a portion of the Contract, that organization s representatives may inspect the work but cannot direct the Contractor. The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract City Inspection. When the project is within the city limits of an incorporated City and the City is to pay a portion of the cost of the work covered by the contract, the GENERAL REQUIREMENTS AND COVENANTS Page 54 of 106 MCIP PROJECT January 16, of 448

193 work will be subject to inspection by City representatives. Such inspection will not make the City a party to the contract. The Engineer shall direct the Contractor in the performance of all work included in the Contract, including work that may be subject to inspection by a City FINAL CLEANUP Upon completion of the work, remove litter, debris, objectionable material, temporary structures, excess materials, and equipment from the work locations. Clean and restore property damaged by the Contractor s operations during the prosecution of the work. Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to items of the Contract. Remove from the right of way cofferdams, construction buildings, material and fabrication plants, temporary structures, excess materials, and debris resulting from construction. Where work is in a stream, remove debris to the ground line of the bed of the stream. Leave stream channels and rights of way in a neat and presentable condition. Clean structures to the flow line or the elevation of the outfall channel, whichever is higher. Dispose of all excess material in accordance with federal, state, and local regulations. On selected projects, one or more of the Dallas County Commissioners Road and Bridge District Forces may be performing work within the limits of the project. Where such district forces are performing work, the Contractor and the Commissioners District Forces shall each be responsible for cleanup, removal of surplus construction and discarded materials, existing pipes or structures removed, and debris of every kind resulting from their portion of the work. Neither party shall leave for, nor expect, the other party to perform cleanup work resulting from his/her own construction operations. Materials and construction debris shall be handled in such a manner as to not be a hardship or detriment to the work of the other forces involved in this project FINAL ACCEPTANCE Final acceptance is made when all work is complete and the Commisssioners Court, in writing, accepts all work for the work locations in the Contract. At the time of the final inspection the entire ROW will be clean, neat and presentable. Grass shall be established and growing for a period of three months before acceptance. Grass shall be cut; slopes dressed; pipes and structures clear of silt, debris or other foreign material before final payment. Pavement, gutters, sidewalks and inlets shall be clean. The "Final Acceptance" will not release the Contractor from responsibility for all items, materials or equipment requiring performance test periods or final measurements unless otherwise shown in the contract. GENERAL REQUIREMENTS AND COVENANTS Page 55 of 106 MCIP PROJECT January 16, of 448

194 Work Completed. Work completed must include work for vegetative establishment and maintenance, test, and performance periods and work to meet the requirements of Article 5.11., Final Cleanup Final Inspection. After all work is complete, the Contractor will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible, and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the Engineer will identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 14 calendar days, unless otherwise approved. Upon correction, the Engineer will make an inspection to verify that all deficiencies were corrected satisfactorily. The Engineer will provide written notice of the final acceptance Final Measurement. Final measurements and pay quantity adjustments may be made after final acceptance Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning signs upon final acceptance or as directed. GENERAL REQUIREMENTS AND COVENANTS Page 56 of 106 MCIP PROJECT January 16, of 448

195 Item 6L Control of Materials 6.1 SOURCE CONTROL Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the work. Secure the Engineer s approval of the proposed source of materials to be used before their delivery. Materials can be approved at a supply source or staging area but may be re-inspected in accordance with Article 6.4., Sampling, Testing, and Inspection Buy America. Comply with the latest provisions of Buy America as listed at 23 CFR Use steel or iron materials manufactured in the United States except when: the cost of materials, including delivery, does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater; the Contract contains a replacement alternate item for a foreign source steel or iron product and the Contract is awarded based on the replacement alternate item; or the materials are temporarily installed. Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent) with the proper attachments for verification of compliance. Manufacturing is any process that modifies the chemical content, physical shape or size, or final finish of a product. Manufacturing begins with initial melting and mixing and continues through fabrication (cutting, drilling, welding, bending, etc.) and coating (paint, galvanizing, epoxy, etc.) Convict Produced Materials. Materials produced by convict labor may only be incorporated in the work if such materials have been: produced by convicts who are on parole, supervised release, or probation from prison; or produced in a qualified prison facility. A qualified prison facility means any prison facility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in federalaid highway construction projects. 6.2 MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of source. GENERAL REQUIREMENTS AND COVENANTS Page 57 of 106 MCIP PROJECT January 16, of 448

196 Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this article, the Owner may have defective material removed and replaced. The cost of testing, removal, and replacement will be deducted from the estimate. 6.3 MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 6.4 SAMPLING, TESTING, AND INSPECTION Incorporate into the work only material that has been inspected, tested, and accepted by the Engineer. Remove, at the Contractor s expense, materials from the work locations that are used without prior testing and approval or written permission. Unless otherwise mutually agreed, the material requirements and standard test methods in effect at the time the proposed Contract is advertised govern. Unless otherwise noted, the Engineer will perform testing at Owner s expense. In addition to facilities and equipment required by the Contract, furnish facilities and calibrated equipment required for tests to control the manufacture of construction items. If requested, provide a complete written statement of the origin, composition, and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use. Material which has been tested and approved at a supply source or staging area may be re-inspected or tested before or during incorporation into the work, and rejected if it does not meet Contract requirements. Copies of test results are to be made available upon request. Do not use material that, after approval, becomes unfit for use. Unless otherwise noted in the Contract, all testing must be performed within the United States and witnessed by the Engineer. If materials or processes require testing outside the contiguous 48 United States, reimburse the Owner for inspection expenses. 6.5 PLANT INSPECTION AND TESTING The Engineer may, but is not obligated to, inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. If inspection is at the plant, meet the following conditions unless otherwise specified: GENERAL REQUIREMENTS AND COVENANTS Page 58 of 106 MCIP PROJECT January 16, of 448

197 Cooperate fully and assist the Engineer during the inspection. Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. In accordance with pertinent items and the Contract, provide a facility at the plant for use by the Engineer as an office or laboratory. Provide and maintain adequate safety measures and restroom facilities. Furnish and calibrate scales, measuring devices, and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: continuous production of materials for Owner use is necessary due to the production volume being handled at the plant, and the lighting is adequate to allow satisfactory inspection. 6.6 STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way. Storage space off the right of way is at the Contractor s expense. 6.7 OWNER-FURNISHED MATERIAL The Owner will supply materials as shown in the Contract documents. The cost of handling and placing materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are used. Assume responsibility for materials upon receipt. 6.8 USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Owner s specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project-specific location (PSL), replace the removed material with suitable material at no cost to the Owner as directed. 6.9 RECYCLED MATERIALS The Owner will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling to be used on the project. Use nonhazardous recyclable materials GENERAL REQUIREMENTS AND COVENANTS Page 59 of 106 MCIP PROJECT January 16, of 448

198 (NRMs) only if the specification for the item does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-11000, Evaluating and Using Nonhazardous Recyclable Materials Guidelines, and furnish all documentation required by that specification HAZARDOUS MATERIALS Use materials that are free of hazardous materials as defined in Item 1L, Abbreviations and Definitions. Notify the Engineer immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the owner may contain hazardous materials. Except when the contract includes bid items for the contractor to remove hazardous materials, the Engineer is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Owner as indicated below. The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found. The Engineer may suspend work wholly or in part during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Owner, except in the case of when the contract includes removing and disposing of hazardous materials. When a visual observation or odor indicates that materials delivered to the work locations by the Contractor may contain hazardous materials, have an approved commercial laboratory test the materials for contamination. Remove, remediate, and dispose of any of these materials found to be contaminated. Testing, removal, and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the Contractor s expense. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans Paint Removed by Third Party. The Owner may provide a third party to remove paint containing hazardous materials where paint must be removed to perform work or to allow dismantling of the steel Paint Removed by the Contractor. This work may only be performed by a firm or company with one of the following certifications: SSPC-QP2 certification for lead painting operations, or Certified Lead Firm by the Texas Department of State Health Services. GENERAL REQUIREMENTS AND COVENANTS Page 60 of 106 MCIP PROJECT January 16, of 448

199 Maintain certification for the duration of the work. Provide copies of audits or certification if requested. Comply with worker and public safety regulations, including, but not limited to, OSHA 29 CFR Parts , , and Monitor permissible exposure limits in accordance with OSHA requirements. Remove paint containing hazardous materials from designated areas shown on the plans or as directed. Comply with access limitations shown on the plans. Provide power hand tools, equipped with high-efficiency particulate air filter vacuums to mechanically remove paint. Contain, collect, store, transport, and dispose of all waste generated by cleaning operation in accordance with local, state, and federal requirements including 40 CFR 302. Properly characterize and dispose of all wastes. Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes. Provide copies of disposal manifests Removal and Disposal of Painted Steel. Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans. If the paint contains hazardous materials, maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw-cutting methods to remove steel elements coated with paint containing hazardous materials, the plans will show stripping locations. The work provided, materials furnished, equipment, labor, tools, and incidentals will be paid for in accordance with Item 496, Removing Structures Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM) have been found. At locations where previously unknown ACM has been found, the Owner will arrange for abatement by a third party. For work at these locations, notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the Owner enough time to abate the asbestos Work Performed by a Third Party. When the work for removal of paint or asbestos abatement is to be provided by a third party, coordinate and cooperate with the third party and the Owner. Continue other work detailed on the plans not directly involved in the paint removal or asbestos abatement work. Provide notice to the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party work. GENERAL REQUIREMENTS AND COVENANTS Page 61 of 106 MCIP PROJECT January 16, of 448

200 6.11 SURPLUS MATERIALS Take ownership of surplus materials unless otherwise shown on the plans or as directed by the Engineer. Remove and dispose of materials in accordance with federal, state, and local regulations. If requested, provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on private property, provide written authorization from the property owner for the use of the property for this purpose upon request. GENERAL REQUIREMENTS AND COVENANTS Page 62 of 106 MCIP PROJECT January 16, of 448

201 Item 7L Legal Relations and Responsibilities 7.1 SAFETY Point of Contact. Designate a Contractor Safety Point of Contact (CSPOC). The Owner will assign an Owner employee for their point of contact designated as Owner s Safety Point of Contact OSPOC. The CSPOC will ensure that the Contractor s and Subcontractor s employees use the appropriate personal protection equipment (hard hats, safety vests, protective toe footwear, etc.). The CSPOC will ensure that crew leaders and foremen (including subcontractors) have attended the required training Safety Preconstruction Meeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting (may be a part of the preconstruction conference in Article 4.1., Preconstruction Conference. Attendees for this safety preconstruction meeting will be: the Contractor, ssubcontractors, Owner, local law enforcement, and other personnel that play an active role on the project Public Safety and Convenience. Ensure the safety and convenience of the public and property as provided in the Contract and as directed by the Engineer. Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction to minimize disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage and provide for ingress and egress to adjacent property. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Item , Flaggers, for the safety and convenience of the traveling public and workers, as directed. If the Engineer determines that any of the requirements of this article have not been met, the Engineer may take any necessary corrective action. This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor Use of Blue Warning Lights. Texas Transportation Code authorizes the use of warning lights to promote safety and provides an effective means of GENERAL REQUIREMENTS AND COVENANTS Page 63 of 106 MCIP PROJECT January 16, of 448

202 gaining the travelling public s attention as they drive in areas where construction crews are present. In order to influence the public to move over when high risk construction activities are taking place, minimize the utilization of blue warning lights. These lights must be used only while performing work on or near the travel lanes or shoulder where the travelling public encounters construction crews that are not protected by a standard work zone set up such as a lane closure, shoulder closure, or one-way traffic control. Refrain from leaving the warning lights engaged while travelling from one work location to another or while parked on the right of way away from the pavement or a work zone Barricades, Warning and Detour Signs, and Traffic Handling. Provide, install, move, replace, maintain, clean, and remove all traffic control devices in accordance with the traffic control devices specifications and as shown on the plans and as directed. If details are not shown on the plans, provide devices and work in accordance with the TMUTCD and as directed by the Engineer. When authorized or directed by the Engineer, provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed, make all reasonable efforts to promptly contact the Engineer. Take prudent actions until the Engineer can be contacted. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs. When project limit advance warning signs are removed before final acceptance, traffic control in accordance with the TMUTCD may be used for minor operations as approved. Removal or relocation of project limit advance warning signs does not imply final acceptance. 7.2 LAWS TO BE OBSERVED Comply with all federal, state, and local laws, ordinances, and regulations that affect the performance of the work. INDEMNIFY AND SAVE HARMLESS THE OWNER, THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICALS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS REPRESENTATIVES AGAINST ANY CLAIM ARISIJNG FROM VIOLATION BY THE CONTRACTOR OF ANY LAW, ORDIANCE, COURT ORDER, OR REGULATION, WHETHER BY HIMSELF OR BY HIS EMPLOYEES. This Contract is between the Owner and the Contractor only. No person or entity may claim third-party beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this Contract. GENERAL REQUIREMENTS AND COVENANTS Page 64 of 106 MCIP PROJECT January 16, of 448

203 7.3 PERMITS, LICENSES, AND TAXES Procure all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by the Owner and as specified in Article 7.6., Preservation of Cultural and Natural Resources and the Environment. 7.4 PATENTED DEVICES, MATERIAL, AND PROCESSES THE CONTRACTOR AND HIS SURETY SHALL INDEMNIFY AND SAVE HARMLESS THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS FOR INFRINGEMENT BY REASON OF THE USE OF ANY PATENTED DESIGN, DEVICE, MATERIALS, OR PROCESS, OR ANY TRADEMARK OR COPYRIGHT USED IN CONNECTION WITH THE WORK AND THEY SHALL INDEMNIFY THE COUNTY OF DALLAS AGAINST ANY COSTS, EXPENSES, OR DAMAGES WHICH IT MAY BE OBLIGED TO PAY, BY REASON OF SUCH INFRINGEMENT, AT ANY TIME DURING THE PROSECUTION OR AFTER THE COMPLETION OF THE WORK. 7.5 PERSONAL LIABILITY OF PUBLIC OFFICIALS Owner employees are agents and representatives of the Owner and will incur no liability, personal or otherwise, in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 7.6 PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies Cultural Resources. Cease all work immediately if a site, building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way. The site, building, or location will be investigated and evaluated by the Owner Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). The Owner will file the Notice of Intent (NOI) and the Notice of Termination (NOT) for work shown on the plans in the right of way. Adhere to all requirements of the SWP Work in Waters of the United States. For work in the right of way, the Owner will obtain any required Section 404 permits from the U.S. Army Corps of GENERAL REQUIREMENTS AND COVENANTS Page 65 of 106 MCIP PROJECT January 16, of 448

204 Engineers before work begins. Adhere to all agreements, mitigation plans, and standard best management practices required by the permit. When Contractorinitiated changes in the construction method changes the impacts to waters of the U.S., obtain new or revised Section 404 permits Work in Navigable Waters of the United States. For work in the right of way, the Owner will obtain any required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the permits and associated best management practices. When Contractor-initiated changes in the construction method changes the impacts to navigable waters of the U.S., obtain new or revised Section 9 permits Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by the TCEQ. Use best management practices and perform work in accordance with Contract requirements Project-Specific Locations. For all project-specific locations (PSLs) on or off the right of way (material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.), signing the Contract certifies compliance with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies: Occupational Safety and Health Administration, Texas Commission on Environmental Quality, Texas Department of Transportation, Texas Historical Commission, Texas Parks and Wildlife Department, Texas Railroad Commission, U.S. Army Corps of Engineers, U.S. Department of Energy, U.S. Department of Transportation, U.S. Environmental Protection Agency, U.S. Federal Emergency Management Agency, and U.S. Fish and Wildlife Service. All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies. Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities, GENERAL REQUIREMENTS AND COVENANTS Page 66 of 106 MCIP PROJECT January 16, of 448

205 such as asphalt or concrete plants located within public right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, asphalt plants, etc. Address all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance. 7.7 AGRICULTURAL IRRIGATION Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the Irrigation District or land owner to determine the proper time and sequence when irrigation demands will permit shutting-off water flows to perform work. Unless otherwise provided on the plans, the work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 7.8 SANITARY PROVISIONS Provide and maintain adequate, neat, and sanitary toilet accommodations for employees, including Owner employees, in compliance with the requirements and regulations of the Texas Department of Health or other authorities with jurisdiction. 7.9 ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Minimize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors, generators, pumps, etc. Place mobile and stationary equipment to cause the least disruption of normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering normal depreciation. Noise-attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use USING EXPLOSIVES Do not endanger life or property. The contractor is required to submit a written Blasting Plan if required by the plans or requested by the Engineer. The Owner retains the right to reject the blasting plan. Store all explosives securely and clearly mark all storage places with DANGER EXPLOSIVES. Store, handle, and use explosives and highly flammable material in compliance with federal, GENERAL REQUIREMENTS AND COVENANTS Page 67 of 106 MCIP PROJECT January 16, of 448

206 state, and local laws, ordinances, and regulations. Assume liability for property damage, injury, or death resulting from the use of explosives. Give at least a 48-hr. advance notice to the appropriate Road Master before doing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track RESPONSIBILITY FOR HAZARDOUS MATERIALS INDEMNIFY AND SAVE HARMLESS THE OWNER THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS REPRESENTATIVES FROM ALL SUITS, ACTIONS, OR CLAIMS AND FROM ALL LIABILITY AND DAMAGES FOR ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY ARISING FROM THE GENERATION OR DISPOSITION OF HAZARDOUS MATERIALS INTRODUCED BY THE CONTRACTOR ON ANY WORK DONE BY THE CONTRACTOR ON OWNER-OWNED OR CONTROLLED SITES. INDEMNIFY AND SAVE HARMLESS THE OWNER THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS REPRESENTATIVES FROM ANY LIABILITY OR RESPONSIBILITY ARISING OUT OF THE CONTRACTOR S GENERATION OR DISPOSITION OF ANY HAZARDOUS MATERIALS OBTAINED, PROCESSED, STORED, SHIPPED, ETC., ON SITES NOT OWNED OR CONTROLLED BY THE OWNER. REIMBURSE THE OWNER FOR ALL PAYMENTS, FEES, OR RESTITUTION THE OWNER IS REQUIRED TO MAKE AS A RESULT OF THE CONTRACTOR S ACTIONS ASBESTOS CONTAINING MATERIAL In Texas, the Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated facility under NESHAP. Therefore, federal standards for demolition and renovation apply. Provide notice to the Owner of demolition or renovation to the structures listed on the plans at least 30 calendar days before initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition, renovation, or removal. GENERAL REQUIREMENTS AND COVENANTS Page 68 of 106 MCIP PROJECT January 16, of 448

207 When demolition, renovation, or removal of load-bearing members is planned for several phases, provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or renovation. If the date of actual demolition, renovation, or removal is changed, the Owner will be required to notify DSHS at least 10 days in advance of the work. This notification is also required when a previously scheduled (notification sent to DSHS) demolition, renovation, or removal is delayed. Therefore, if the date of actual demolition, renovation, or removal is changed, provide the Engineer, in writing, the revised dates in enough time to allow for the Owner s notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above information may require the temporary suspension of work under Article 8.4., Temporary Suspension of Work or Working Day Charges, due to reasons under the control of the Contractor. The Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability RESTORING SURFACES OPENED BY PERMISSION Do not authorize anyone to make an opening in the highway for utilities, drainage, or any other reason without written permission by the Engineer. Repair all openings as directed by the Engineer. Payment for repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4.3, Changes in the Work. Costs associated with openings made with Contractor authorization but without Owner approval will not be paid PROTECTING ADJACENT PROPERTY Protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor, take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done RESPONSIBILITY FOR DAMAGE CLAIMS INDEMNIFY AND SAVE HARMLESS THE OWNER THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS REPRESENTATIVES FROM ALL SUITS, ACTIONS, OR CLAIMS AND FROM ALL LIABILITY AND DAMAGES FOR ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY DUE TO THE CONTRACTOR S NEGLIGENCE IN THE PERFORMANCE OF THE WORK AND FROM ANY CLAIMS ARISING OR AMOUNTS RECOVERED UNDER ANY GENERAL REQUIREMENTS AND COVENANTS Page 69 of 106 MCIP PROJECT January 16, of 448

208 LAWS, INCLUDING WORKERS COMPENSATION AND THE TEXAS TORT CLAIMS ACT. INDEMNIFY AND SAVE HARMLESS THE OWNER, THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS REPRESENTATIVES AND ASSUME RESPONSIBILITY FOR ALL DAMAGES AND INJURY TO PROPERTY OF ANY CHARACTER OCCURRING DURING THE PROSECUTION OF THE WORK RESULTING FROM ANY ACT, OMISSION, NEGLECT, OR MISCONDUCT ON THE CONTRACTOR S PART IN THE MANNER OR METHOD OF EXECUTING THE WORK; FROM FAILURE TO PROPERLY EXECUTE THE WORK; OR FROM DEFECTIVE WORK OR MATERIAL. PIPELINES AND OTHER UNDERGROUND INSTALLATIONS THAT MAY OR MAY NOT BE SHOWN ON THE PLANS MAY BE LOCATED WITHIN THE RIGHT OF WAY. INDEMNIFY AND SAVE HARMLESS THE OWNER THE COUNTY OF DALLAS, DALLAS COUNTY COMMISSIONERS COURT, DALLAS COUNTY JUDGE, DALLAS COUNTY S ELECTED OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS REPRESENTATIVES, FROM ANY SUITS OR CLAIMS RESULTING FROM DAMAGE BY THE CONTRACTOR S OPERATIONS TO ANY PIPELINE OR UNDERGROUND INSTALLATION. MAKE AVAILABLE THE SCHEDULED SEQUENCE OF WORK TO THE RESPECTIVE UTILITY OWNERS SO THAT THEY MAY COORDINATE AND SCHEDULE ADJUSTMENTS OF THEIR UTILITIES THAT CONFLICT WITH THE PROPOSED WORK. IF THE CONTRACTOR ASSERTS ANY CLAIM OR BRINGS ANY TYPE OF LEGAL ACTION (INCLUDING AN ORIGINAL ACTION, THIRD- PARTY ACTION, OR CROSS-CLAIM) AGAINST ANY INDEMNITIES FOR ANY CAUSE OF ACTION OR CLAIM FOR ALLEGED NEGLIGENCE ARISING FROM THE CONTRACT, THE CONTRACTOR WILL BE INELIGIBLE TO BID ON ANY PROPOSED CONTRACT WITH DALLAS COUNTY DURING THE PENDENCY OF THE CLAIM OR LEGAL ACTION HAULING AND LOADS ON ROADWAYS AND STRUCTURES Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. GENERAL REQUIREMENTS AND COVENANTS Page 70 of 106 MCIP PROJECT January 16, of 448

209 Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the work, including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary. Replace or restore to original condition any structure damaged by the Contractor s operations. The Engineer may allow equipment with oversize or non-divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor-proposed changes to traffic control plans for approval, in accordance with Item 502, Barricades, Signs, and Traffic Handling. The following sections further address overweight allowances. The Owner will make available to the Contractor any available plans and material reports for existing structures Overweight Construction Traffic Crossing Structures. The Engineer may allow crossing of a structure not open to the public within the work locations, when divisible or non-divisible loads exceed legal weight limitations, including limits for load-posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed. Provide a manufacturer s certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit Construction Equipment Operating on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer. GENERAL REQUIREMENTS AND COVENANTS Page 71 of 106 MCIP PROJECT January 16, of 448

210 Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review and approval. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads Loads on Structures. Do not store or stockpile material on bridge structures without written permission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure CONTRACTOR S RESPONSIBILITY FOR WORK Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause, whether arising from the execution or from the non-execution of the work. Protect all materials to be used in the work at all times, including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed. Repair damage to existing facilities or work caused by Contractor operations at the Contractor s expense. Repair work for damage that was not due to the Contractor s operations will not be paid for except as provided below Reimbursable Repair. Except for damage to appurtenances listed in Section , Unreimbursed Repair, the Contractor will be reimbursed for repair of damage caused by: motor vehicle, watercraft, aircraft, or railroad-train incident; vandalism; or Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of nature. GENERAL REQUIREMENTS AND COVENANTS Page 72 of 106 MCIP PROJECT January 16, of 448

211 Appurtenances Unreimbursed Repair. Except for destruction (not reusable) due to hurricanes, reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: signs, barricades, changeable message signs, and other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section , Reimbursed Repair. For the devices listed in this section, reimbursement may be made for damage due to hurricanes. Where the Contractor retains replaced appurtenances after completion of the project, the Owner will limit the reimbursement to the cost that is above the salvage value at the end of the project Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section , Reimbursable Repair, to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments) Roadways and Structures. Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Owner will not reimburse the Contractor for repair work to new construction, unless the failure or damage is due to one of the causes listed in Section , Reimbursable Repair. The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor s operations Detours. The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract, unless the failure or damage is due to one of the causes listed in Section , Reimbursable Repair. The Engineer may consider failures beyond the Contractor s control when determining reimbursement for repairs to detours constructed. The Owner will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this section. This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance. GENERAL REQUIREMENTS AND COVENANTS Page 73 of 106 MCIP PROJECT January 16, of 448

212 Isolated Work Locations. For isolated work locations, when all work is completed, including work for Article 5.11., Final Cleanup, the Engineer may relieve the Contractor from responsibility for maintenance Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work for Article 5.11., Final Cleanup, with the exception of vegetative establishment and maintenance periods and test and performance periods, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work Work Suspension. When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension When Directed by the Engineer. The Engineer may relieve the Contractor from the responsibility for maintenance when directed Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in accordance with pertinent items or Article 4.3., Changes in the Work ELECTRICAL REQUIREMENTS Definitions Electrical Work. Electrical work is work performed for: Item 610, Roadway Illumination Assemblies, Item 614, High Mast Illumination Assemblies, Item 616, Performance Testing of Lighting Systems, Item 617, Temporary Roadway Illumination, Item 618, Conduit, Item 620, Electrical Conductors, Item 621, Tray Cable, Item 622, Duct Cable, Item 628, Electrical Services, Item 680, Highway Traffic Signals, Item 681, Temporary Traffic Signals, Item 684, Traffic Signal Cables, Item 685, Roadside Flashing Beacon Assemblies, other items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, the installation of conduit and wiring associated with Item 624, Ground Boxes, and Item 656, Foundations for Traffic Control Devices, and the installation of the conduit system for communication and fiber optic cable. GENERAL REQUIREMENTS AND COVENANTS Page 74 of 106 MCIP PROJECT January 16, of 448

213 Electrical work does not include the installation of communications or fiber optic cable, or the connections for low voltage and inherently power limited circuits such as electronic or communications equipment. Assembly and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered electrical work as long as no wiring, wiring connections, or conduit work is done at the time of assembly and placement Specialized Electrical Work. Specialized electrical work is work that includes the electrical service and feeders, sub-feeders, branch circuits, controls, raceways, and enclosures for the following: pump stations, moveable bridges, ferry slips, motor control centers, facilities required under Item 504, Field Office and Laboratory, rest area or other public buildings, weigh-in-motion stations, electrical services larger than 200 amps, electrical services with main or branch circuit breaker sizes not shown in the Contract, and any 3-phase electrical power Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, TxDOT Roadway Illumination and Electrical Installations, or other courses as approved by the Owner. Submit a current and valid certification upon request Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on: passing a test based on the NEC similar to that used by Texas licensing officials, and GENERAL REQUIREMENTS AND COVENANTS Page 75 of 106 MCIP PROJECT January 16, of 448

214 sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas Work Requirements. The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. Table 2 Work Requirements Qualifications to Perform Type of Work Work Licensed electrician, certified person, or workers directly Electrical work with plans supervised by a licensed electrician or certified person Licensed electrician or workers Electrical work without plans directly supervised by a licensed electrician Licensed electrician or workers Specialized electrical work directly supervised by a licensed electrician Replace lamps, starting aids, and changing fixtures Conduit in precast section with approved working drawings Conduit in cast-in-place section All other electrical work (troubleshooting, repairs, component replacement, etc.) Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Inspection by licensed electrician or certified person Inspection by licensed electrician or certified person Licensed electrician or workers directly supervised by a licensed electrician A licensed electrician must be physically present during all electrical work when Table 2 states that workers are to be directly supervised by a licensed electrician or certified person. A non-certified person may install conduit in cast-in-place concrete sections if the work is verified by a certified person before concrete placement. When the plans specify IMSA certification, the requirements of Table 2 will still apply to the installation of the conduit, ground boxes, electrical services, pole grounding, and electrical conductors installed under Item 620, Electrical Conductors. GENERAL REQUIREMENTS AND COVENANTS Page 76 of 106 MCIP PROJECT January 16, of 448

215 GENERAL REQUIREMENTS AND COVENANTS Page 77 of 106 MCIP PROJECT January 16, of 448

216 Item 8L Prosecution and Progress 8.1 PROSECUTION OF WORK Unless otherwise shown in the Contract, begin work within 90 calendar days after the authorization date to begin work as shown on the Notice to Proceed. Prosecute the work continuously to completion within the working days specified. Unless otherwise shown in the Contract documents, work may be prosecuted in concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is approved. Notify the Engineer at least 24 hr. before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. 8.2 SUBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer s written approval. A subcontract does not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work complies with all governing labor provisions. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner, or any state or federal agency. For federally funded Contracts, ensure the required federal documents are physically attached to each subcontract agreement including all tiered subcontract agreements. For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts, submit a copy of the executed subcontract agreement. Submit a copy of the executed non-dbe subcontracts including all tiered non- DBE subcontracts when requested Construction Contracts. Perform work with own organization on at least 30% of the total original Contract cost (25% if the Contractor is an SBE on a wholly State or local funded Contract) excluding any items determined to be specialty items. Specialty items are those that require highly specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as directed by the Engineer. Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the required amount of work to be performed by the Contractor s own organization. GENERAL REQUIREMENTS AND COVENANTS Page 78 of 106 MCIP PROJECT January 16, of 448

217 The term perform work with own organization includes only: workers employed and paid directly by the Contractor or wholly owned subsidiary; equipment owned by the Contractor or wholly owned subsidiary; rented or leased equipment operated by the Contractor s employees or wholly owned subsidiary s employees; materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor s own organization, including a wholly owned subsidiary s organization; and labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms provide materials or equipment, they are considered subcontractors. In these instances, submit staff leasing firms for approval as a subcontractor. Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this section Payments to Subcontractors. Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner Payment Records. Make payment records, including copies of cancelled checks, available for inspection by the Owner. Submit payment records upon request. Retain payment records for a period of 3 yr. following completion of the Contract work or as specified by the Owner. Failure to submit this information to the Engineer by the 20th day of each month will result in the Owner taking actions, including, but not limited to, withholding estimates and suspending the work. This work will not be measured or paid for directly but will be subsidiary to pertinent items. 8.3 COMPUTATION OF CONTRACT TIME FOR COMPLETION Upon request, the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only. The schedules assume generic resources, production rates, sequences of construction and average weather conditions based on historic data. The Owner will not adjust the number of working days and milestones, if any, due to differences in opinion regarding any assumptions made in the preparation of the schedule or for errors, omissions, or discrepancies found in the Owner s conceptual time schedule. GENERAL REQUIREMENTS AND COVENANTS Page 79 of 106 MCIP PROJECT January 16, of 448

218 The number of working days is established by the Contract. Working day charges will begin 30 calendar days after the date of the written authorization to begin work. Working day charges will continue in accordance with the Contract. The Engineer may consider increasing the number of working days under extraordinary circumstances Working Day Charges. Working days will be charged in accordance with Section , Standard Workweek, unless otherwise shown in the Contract documents. Working days will be computed and charged in accordance with one of the following: Five-Day Workweek. Working days will be charged Monday through Friday, excluding national holidays, regardless of weather conditions or material availability. The Contractor has the option of working on Saturdays. Provide sufficient advance notice when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged Six-Day Workweek. Working days will be charged Monday through Saturday, excluding national holidays, regardless of weather conditions or material availability. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Sunday or a national 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 Seven-Day Workweek. Working days will be charged Monday through Sunday, excluding national holidays, regardless of weather conditions or material availability. Work on national holidays will not be permitted without written permission. If work is performed on any of these holidays requiring an Inspector to be present, 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 Standard Workweek. Working days will be charged Monday through Friday, excluding national or state holidays, if 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 A.M. and 6 P.M., unless otherwise shown in the Contract. The Contractor has the option of working on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is 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. GENERAL REQUIREMENTS AND COVENANTS Page 80 of 106 MCIP PROJECT January 16, of 448

219 8.3.6 Calendar Day. Working days will be charged Sunday through Saturday, including all holidays, regardless of weather conditions, material availability, or other conditions not under the control of the Contractor Other. Working days will be charged as shown in the Contract documents Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this article unless otherwise shown in the Contract documents Nighttime Work. Nighttime work is allowed only when shown in the Contract documents or as directed. Nighttime work is defined as work performed from 30 min. after sunset to 30 min. before sunrise Five-, Six-, and Seven-Day Workweeks. Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays Standard Workweek Nighttime Work Only. When nighttime work is allowed or required and daytime work is not allowed, working day charges will be made when weather and 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. for the nighttime period, as defined in Section , Nighttime Work, unless otherwise shown in the Contract documents Nighttime Work and Daytime Work Requiring Inspector. When nighttime work is performed or required and daytime work is allowed, working day charges will be made when weather and 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. for the nighttime period, as defined in Section , Nighttime Work, or for a continuous period of at least 7 hr. for the alternative daytime period unless otherwise shown in the Contract documents. Only one day will be charged for each 24-hr. time period. When the Engineer agrees to restrict work hours to the nighttime period only, working day charges will be in accordance with Section , Nighttime Work Only Time Statements. The Engineer will furnish the Contractor a monthly time statement. Review the monthly time statement for correctness. Report protests in writing, no later than 30 calendar days after receipt of the time statement, providing a detailed explanation for each day protested. Not filing a protest within 30 calendar days will indicate acceptance of the working day charges and future consideration of that statement will not be permitted. GENERAL REQUIREMENTS AND COVENANTS Page 81 of 106 MCIP PROJECT January 16, of 448

220 8.4 TEMPORARY SUSPENSION OF WORK OR WORKING DAY CHARGES The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing. When part of the work is suspended, the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend working day charges. 8.5 PROJECT SCHEDULES Prepare, maintain, and submit project schedules. Project schedules are used to convey the Contractor s intended work plan to the Owner. Prepare project schedules with a level of effort sufficient for the work being performed. Project schedules will not be used as a basis to establish the amount of work performed or for the preparation of the progress payments Project Scheduler. Designate an individual who will develop and maintain the progress schedule. The Project Scheduler will be prepared to discuss, in detail, the proposed sequence of work and methods of operation, and how that information will be communicated through the Progress Schedule at the Preconstruction Meeting. This individual will also attend the project meetings and make site visits to prepare, develop, and maintain the progress schedules Construction Details. Before starting work, prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract documents. At a minimum, prepare the progress schedule as a Bar Chart or Critical Path Method (CPM), as shown on the plans. Include all planned work activities and sequences and show Contract completion within the number of working days specified. Incorporate major material procurements, known utility relocations, and other activities that may affect the completion of the Contract in the progress schedule. Show a beginning date, ending date, and duration in whole working days for each activity. Do not use activities exceeding 20 working days, except for agreed upon activities. Show an estimated production rate per working day for each work activity Schedule Format. Format all project schedules according to the following: Begin the project schedule on the date of the start of Contract time or start of activities affecting work on the project; Show the sequence and interdependence of activities required for complete performance of the work. If using a CPM schedule, show a predecessor and a successor for each activity; and GENERAL REQUIREMENTS AND COVENANTS Page 82 of 106 MCIP PROJECT January 16, of 448

221 Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also include: Clearly and accurately identify the critical path as the longest continuous path; Provide a legend for all abbreviations, run date, data date, project start date, and project completion date in the title block of each schedule submittal; and Through the use of calendars, incorporate seasonal weather conditions into the schedule for work (e.g., earthwork, concrete paving, structures, asphalt, drainage, etc.) that may be influenced by temperature or precipitation. Also, incorporate non-work periods such as holidays, weekends, or other non-work days as identified in the Contract Activity Format. For each activity on the project schedule provide: A concise description of the work represented by the activity; An activity duration in whole working days; Code activities so that organized plots of the schedule may be produced. CPM schedules must also include the quantity of work and estimated production rate for major items of work. Provide enough information for review of the work being performed Schedule Types Bar Chart. Seven calendar days before the preconstruction meeting, prepare and submit a hard copy of the schedule using the bar chart method Progress Schedule Reviews. Update the project schedule and submit a hard copy when changes to the schedule occur or when requested Critical Path Method. Prepare and submit the schedule using the CPM Preliminary Schedule. Seven calendar days before the preconstruction meeting, submit both the plotted and electronic copies of the project schedule showing work to be performed within the first 90 calendar days of the project Baseline Schedule. The baseline schedule will be considered the Contractor s plan to successfully construct the project within the time frame and construction sequencing indicated in the Contract. Submit both plotted and electronic copies of the baseline schedule. Submit 2 plots of the schedule: one organized with the activities logically grouped using the activity coding; and the other plot showing only the critical path determined by the longest path, not based on critical float. Develop and submit the baseline schedule for review within the first 45 calendar days of the project unless the time for submission is extended. GENERAL REQUIREMENTS AND COVENANTS Page 83 of 106 MCIP PROJECT January 16, of 448

222 Review. Within 15 calendar days of receipt of the schedule, the Engineer will evaluate, and inform the Contractor if the schedule has been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer s comments, or reasons for not doing so within 10 calendar days. The Engineer s review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only and does not relieve the Contractor of any responsibility for meeting the interim milestone dates (if specified) or the Contract completion date. Review and acceptance does not expressly or by implication warrant, acknowledge, or admit the reasonableness of the logic or durations of the project schedule. If the Contractor fails to define any element of work, activity, or logic and the Engineer s review does not detect this omission or error, the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th calendar day of the project unless the time for submission is extended Progress Schedule. Maintain the project schedule for use by both the Contractor and the Engineer. Submit both the plotted and electronic copy as it will become an as-built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non-work periods (such as holidays, weekend, or interference from temperature or precipitation), then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity (or activities, based on the number of interruptions) similarly numbered with successive alpha character as necessary. The original duration of the subsequent activity will be that of the remaining duration of the original activity. Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained. Once established, the original durations and actual dates of all activities must remain unchanged. Revisions to the schedule may be made as necessary. The project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur. Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule s critical path and project completion date. Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: The actual start dates for activities started; The actual finish dates for activities completed; The percentage of work completed and remaining duration for each activity started but not yet completed; and The calendars to show days actual work was performed on the various work activities. GENERAL REQUIREMENTS AND COVENANTS Page 84 of 106 MCIP PROJECT January 16, of 448

223 The cut-off day for recording monthly progress will be the last day of each month. Submit the updated project schedule no later than the 20th calendar day of the following month. The Engineer will evaluate the updated schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer s comments, or reasons for not doing so within 5 calendar days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule. Notify the Engineer if resource-leveling is being used Project Schedule Summary Report (PSSR). When shown on the plans, provide the PSSR instead of the narrative required in Section , Progress Schedule. The PSSR includes a listing of major items that have impacted the schedule as well as a summary of progress in days ahead or behind schedule. Include an explanation of the project progress for the period represented on the form provided by the Owner Notice of Potential Time Impact. Submit a Notice of Potential Time Impact when a Contract time extension or adjustment of milestone dates may be justified or when directed. Failure to provide this notice in the time frames outlined above will compromise the Owner s ability to mitigate the impacts and the Contractor forfeits the right to request a time extension or adjustment of milestone dates unless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time Time Impact Analysis. When directed, provide a time impact analysis. A time impact analysis is an evaluation of the effects of impacts on the project. A time impact analysis consists of the following steps: Step 1. Establish the status of the project immediately before the impact. Step 2. Predict the effect of the impact on the schedule update used in Step 1. Step 3. Track the effects of the impact on the schedule during its occurrence. Step 4. Establish the status of the project after the impact s effect has ended and provide details identifying any mitigating actions or circumstances used to keep the project ongoing during the impact period. Determine the time impact by comparing the status of the work before the impact (Step 1) to the prediction of the effect of the impact (Step 2), if requested, and to actual effects of the impact once it is complete (Step 4). Unless otherwise approved, Steps 1, 3, and 4, must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided. Time extensions will only be considered when delays that affect milestone dates or the Contract completion date are beyond the Contractor s control. Submit Step 4 no GENERAL REQUIREMENTS AND COVENANTS Page 85 of 106 MCIP PROJECT January 16, of 448

224 later than 15 calendar days after the impact s effects have ended or when all the information on the effect has been realized. Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule incorporating the time impact analysis. If the project schedule is revised after the submittal of a time impact analysis, but before its approval, indicate in writing the need for any modification to the time impact analysis. The Engineer will review the time impact analysis upon completion of step 4. If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative, the Engineer may reject the time impact analysis. If the Engineer is in agreement with the time impact analysis, a change order may be issued to grant additional working days, or to adjust interim milestones. Once a change order has been executed, incorporate the time impact analysis into the project schedule. The time impact analysis may also be used to support the settlement of disputes and claims. Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to determine the true role the impact played on the final completion. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 8.6 FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of working days specified, working days will continue to be charged. Failure to complete the Contract, a separate work order, or callout work within the number of working days specified, including any approved additional working days, will result in liquidated damages for each working day charged over the number of working days specified in the Contract. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract remains incomplete. This amount will be assessed not as a penalty but as liquidated damages. GENERAL REQUIREMENTS AND COVENANTS Page 86 of 106 MCIP PROJECT January 16, of 448

225 Liquidated Damages Schedule Contract Amount Amount of Liquidated Damages Less than $25, $65.00/day $25, to $50, $105.00/day $50, to $100, $155.00/day $100, to $500, $210.00/day $500, to $1,000, $350.00/day $1,000, to $2,000, $500.00/day $2,000, to $5,000, $850.00/day $5,000, to $7,500, $1,050.00/day $7,500, to $10,000, $1,750.00/day Great than $10,000, $2,500.00/day 8.7 DEFAULT OF THE CONTRACT Declaration of Default. The Engineer may declare the Contractor to be in default of the Contract if the Contractor: fails to begin the work within the number of days specified, fails to prosecute the work to assure completion within the number of days specified, is uncooperative, disruptive or threatening, fails to perform the work in accordance with the Contract requirements, neglects or refuses to remove and replace rejected materials or unacceptable work, discontinues the prosecution of the work without the Engineer s approval, makes an unauthorized assignment, fails to resume work that has been discontinued within a reasonable number of days after notice to do so, fails to conduct the work in an acceptable manner, or commits fraud or other unfixable conduct as determined by the Owner. If any of these conditions occur, the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default. If the Contractor does not proceed as directed within 10 days after the notice, the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract. The Owner will also provide written notice of default to the Surety. If the Contractor provides the Owner written notice of voluntary default of the Contract, the Owner may waive the 10 day notice of intent to declare the Contractor in default and immediately provide written notice of default to the Contractor and the Surety. Working day charges will continue until completion of the Contract. The Owner may suspend work in accordance GENERAL REQUIREMENTS AND COVENANTS Page 87 of 106 MCIP PROJECT January 16, of 448

226 with Section 8.4., Temporary Suspension of Work or Working Day Charges, to investigate apparent fraud or other unfixable conduct before defaulting the Contractor. The Contractor may be subject to sanctions under the state and/or federal laws and regulations. When the work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the Work or such part thereof which the Engineer shall designate, or that portion thereof which the Engineer has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the Commissioners Court, sublet the same provided, however that the sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the Work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractor s place in all respects and shall be paid by the County for all Work performed by them in accordance with the terms of the Contract. All monies remaining due to the Contractor at the time of his default shall thereupon become due and payable to the sureties as the Work progresses, subject to all the terms of the Contract. IN case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the Contract or that portion thereof which the Engineer has ordered the Contractor to discontinue, then the Commissioners Court shall have the power to complete by contract or otherwise, as it may determine, the Work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Engineer, acting under authority of the Commissioners Court, shall have the right to take possession of or use any or all or the materials, plant, tools, equipment, suppliers, and property of every kind provided by the Contractor for the purpose of his Work and to procure other tools, equipment, and materials for the same, and to charge the account of the Contractor the expense of said Contract of labor, materials, tools, equipment and expenses incident thereto. The expense so charged shall be deducted by the Commissioners Court out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the Contract or any part thereof. The Commissioners Court shall not be3 required to obtain the lowest bid for the Work of completing the Contract, but the expenses to be deducted shall be the actual cost of such Work. In case such expense is less than the sum which would have been payable under the Contract, if the same had been completed by the Contractor, then in such case the Commissioners Court will pay the Contractor the difference in the cost, provided that the Contractor shall be entitled to any claim for damages or for loss of anticipated profits. In case such expense shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contactor and his/her sureties shall pay the amount of the excess to the County of Dallas on notice of the Commissioners Court for excess due. When any particular part of the Work is being carried on by the Commissioners Court by Contract or otherwise under the provisions of this section, the Contractor shall continue the remainde3r of the Work in conformity with the terms of the Contract, and in such manner as not to hinder or interfere with the performance of work persons as above provided by the Commissioners Court. GENERAL REQUIREMENTS AND COVENANTS Page 88 of 106 MCIP PROJECT January 16, of 448

227 The Owner will determine the method used for the completion of the remaining work as follows: Contracts without Performance Bonds. The Owner will determine the most expeditious and efficient way to complete the work, and recover damages from the Contractor. Contracts with Performance Bonds. The Owner will, without violating the Contract, demand that the Contractor s Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety. The Owner reserves the right to approve or reject proposed subcontractors. Work may resume after the Owner receives and approves Certificates of Insurance as required in Section , Insurance. Certificates of Insurance may be issued in the name of the completing Contractor. The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract. The Owner may complete the work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety. From the time of notification of the default until work resumes (either by the Surety or the Owner), the Owner will maintain traffic control devices and will do any other work it deems necessary, unless otherwise agreed upon by the Owner and the Surety. All costs associated with this work will be deducted from money due to the Surety. The Owner will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety. All costs and charges incurred by the Owner as a result of the default, including the cost of completing the work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay the Owner the balance of these costs in excess of the Contract price. In case the costs incurred by the Owner are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor, the Owner will be entitled to retain the difference. Comply with Article 8.2., Subcontracting, and abide by the DBE/HUB/SBE commitments previously approved by the Owner. No markups as defined in Article 9.7., Payment for Extra Work and Force Account Method, will be allowed for the Surety. GENERAL REQUIREMENTS AND COVENANTS Page 89 of 106 MCIP PROJECT January 16, of 448

228 8.7.2 Wrongful Default. Submit a written request to the Owner within 14 calendar days of receipt of the notice of default for consideration of wrongful default. The Owner will determine if the Contractor has been wrongfully defaulted, and will proceed with the following: If the Owner determines the default is proper, the default will remain. If the Contractor is in disagreement, the Contractor may file a claim in accordance with Article 4.6., Dispute or Claims Procedure. If the Owner determines it was a wrongful default, the Owner will terminate the Contract for convenience, in accordance with Article 8.8., Termination of the Contract. 8.8 TERMINATION OF THE CONTRACT The Owner may terminate the Contract in whole or in part whenever: the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; the Contractor is prevented from proceeding with the work due to a national emergency, or when the work to be performed under the Contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor as the result of an order or a proclamation of the President of the United States; the Contractor is prevented from proceeding with the work due to an order of any federal authority; the Contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or the Owner determines that termination of the Contract is in the best interest of the Owner or the public. This includes, but is not limited to, the discovery of significant hazardous material problems, right of way acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract Procedures and Submittals. The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date. Upon notice, immediately proceed in accordance with the following: stop work as specified in the notice; place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete a critical portion of the Contract, as approved; terminate all subcontracts to the extent they relate to the work terminated; GENERAL REQUIREMENTS AND COVENANTS Page 90 of 106 MCIP PROJECT January 16, of 448

229 complete performance of the work not terminated; settle all outstanding liabilities and termination settlement proposals resulting from the termination for public convenience of the Contract; create an inventory report, including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated (include in the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products); and take any action necessary, or that the Engineer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Owner has or may acquire an interest Settlement Provisions. Within 60 calendar days of the date of the notice of termination, submit a final termination settlement proposal, unless otherwise approved. The Engineer will prepare a change order that reduces the affected quantities of work and adds acceptable costs for termination. No claim for loss of anticipated profits will be considered. The Owner will pay reasonable and verifiable termination costs including: all work completed at the unit bid price and partial payment for incomplete work; the percentage of Item 500, Mobilization, equivalent to the percentage of work complete or actual cost that can be supported by cost records, whichever is greater; expenses necessary for the preparation of termination settlement proposals and support data; the termination and settlement of subcontracts; storage, transportation, restocking, and other costs incurred necessary for the preservation, protection, or disposition of the termination inventory; and other expenses acceptable to the Owner. 8.9 PREVAILING WAGE RATES HIGHWAY CONSTRUCTION DALLAS COUNTY Wage Rates. Prevailing Wage Law on Public Works in Texas: Laborers, workmen, and mechanics employed by the Contractor or sub-contractors on this project shall be paid not less than the general prevailing rate of per diem wages for Work of a similar character in the locality, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any sub-contractor under him to pay not less than the stipulated rate for GENERAL REQUIREMENTS AND COVENANTS Page 91 of 106 MCIP PROJECT January 16, of 448

230 each craft or type worker or type mechanic employed in the execution of the Contract. The Contractor and each sub-contractor shall keep, or cause to be kept, an accurate record showing the names and occupations of all laborers, workers and mechanics employed by him in the connection with the Work, showing the actual wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of any authorized representative of the County. The Contractor shall forfeit as a penalty to the County, ten dollars ($10.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the stipulated rate for any Work done under the Contract, by him or by any sub-contractor under him. Any laborer, worker or mechanic required or permitted to work in excess of eight (8) hours per calendar day, shall be paid on the basis of eight (8) hours constituting a day's work, and all such labor so employed shall be paid at a rate of one and one-half (1 1/2) times the regular rate for every hour worked in excess of forty (40) hours per week. Legal holiday work shall be paid for at the regular governing per diem wage rates. The following schedule of wage rates are the minimum to be paid for the various classifications of workers employed on the project: PREVAILING WAGE RATES HIGHWAY CONSTRUCTION DALLAS COUNTY General Decision Number: TX /04/2019 TX25 Superseded General Decision Number: TX State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar GENERAL REQUIREMENTS AND COVENANTS Page 92 of 106 MCIP PROJECT January 16, of 448

231 year If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/04/2019 * SUTX /03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures)...$ ELECTRICIAN...$ FORM BUILDER/FORM SETTER Paving & Curb...$ Structures...$ LABORER Asphalt Raker...$ Flagger...$ Laborer, Common...$ Laborer, Utility...$ Pipelayer...$ Work Zone Barricade Servicer...$ POWER EQUIPMENT OPERATOR: Asphalt Distributor...$ Asphalt Paving Machine...$ Broom or Sweeper...$ Concrete Pavement Finishing Machine...$ Concrete Saw...$ Crane Operator, Lattice Boom 80 Tons or Less...$ Crane Operator, Lattice Boom over 80 Tons...$ Crane, Hydraulic 80 Tons or Less...$ GENERAL REQUIREMENTS AND COVENANTS Page 93 of 106 MCIP PROJECT January 16, of 448

232 Crawler Tractor...$ Excavator, 50,000 pounds or less...$ Excavator, over 50,000 pounds...$ Foundation Drill, Truck Mounted...$ Foundation Drill, Crawler Mounted...$ Front End Loader 3 CY or Less...$ Front End Loader, over 3 CY.$ Loader/Backhoe...$ Mechanic...$ Milling Machine...$ Motor Grader, Fine Grade...$ Motor Grader, Rough...$ Pavement Marking Machine...$ Reclaimer/Pulverizer...$ Roller, Asphalt...$ Roller, Other...$ Scraper...$ Small Slipform Machine...$ Spreader Box...$ Servicer...$ Steel Worker (Reinforcing)...$ TRUCK DRIVER Lowboy-Float...$ Off Road Hauler...$ Single Axle...$ Single or Tandem Axle Dump Truck...$ Tandem Axle Tractor with Semi Trailer...$ Transit-Mix...$ WELDER...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is GENERAL REQUIREMENTS AND COVENANTS Page 94 of 106 MCIP PROJECT January 16, of 448

233 like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates GENERAL REQUIREMENTS AND COVENANTS Page 95 of 106 MCIP PROJECT January 16, of 448

234 the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. GENERAL REQUIREMENTS AND COVENANTS Page 96 of 106 MCIP PROJECT January 16, of 448

235 Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION GENERAL REQUIREMENTS AND COVENANTS Page 97 of 106 MCIP PROJECT January 16, of 448

236 Item 9L Measurement and Payment 9.1 MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures, unless otherwise specified Linear Measurement. Unless otherwise specified, all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally. No deduction will be made for structures in the roadway with an area of 9 sq. ft. or less. For all transverse measurements for areas of base courses, surface courses, and pavements, the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on the plans, unless otherwise directed Volume Measurement. Transport materials measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use body shapes that allow the capacity to be verified. Load and level the load to the equipment s approved capacity. Loads not hauled in approved vehicles may be rejected Weight Measurement. Transport materials measured for payment by weight or truck measure in approved hauling vehicles. Furnish certified measurements, tare weights, and legal gross weight calculations for all haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified information. Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery. The cost of supplying these volume and weight capacities is subsidiary to the pertinent item. For measurement by the ton, in the field, provide measurements in accordance with Item 520, Weighing and Measuring Equipment, except for items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public, the net weight of the load will be calculated as follows: If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load GENERAL REQUIREMENTS AND COVENANTS Page 98 of 106 MCIP PROJECT January 16, of 448

237 will be determined by deducting the tare weight of the vehicle from the gross weight. If the gross vehicle weight is more than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed Hauling on Routes Not Accessible to the Traveling Public. For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer: If the gross vehicle weight is less than the maximum allowed, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. If the gross vehicle weight is more than the maximum allowed, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 9.2 PLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing specifications or this article. If the quantity measured as outlined under Measurement varies by more than 5% (or as stipulated under Measurement for specific Items) from the total estimated quantity for an individual item originally shown in the Contract, an adjustment may be made to the quantity of authorized work done for payment purposes. When quantities are revised by a change in design approved by the Owner, by change order, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 5% variance will apply to the new plans quantity. If the total Contract quantity multiplied by the unit bid price for an individual item is less than $250 and the item is not originally a plans quantity item, then the item may be paid as a plans quantity item if the Engineer and Contractor agree in writing to fix the final quantity as a plans quantity. For Contracts with callout work and work orders, plans quantity measurement requirements are not applicable. GENERAL REQUIREMENTS AND COVENANTS Page 99 of 106 MCIP PROJECT January 16, of 448

238 9.3 ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide field measurements and calculations showing the revised quantity. When approved, this revised quantity will constitute the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that item, except as provided for in Article 4.3., Changes in the Work. 9.4 SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies necessary to complete the item of work under the Contract. Until final acceptance in accordance with Article 5.12., Final Acceptance, assume liability for completing the work according to the Contract documents and any loss or damage arising from the performance of the work or from the action of the elements, infringement of patent, trademark, or copyright, except as provided elsewhere in the Contract. The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor s obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 9.5 PROGRESS PAYMENTS The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place. Incomplete items of work may be paid at an agreed upon percentage as approved. Payment of the monthly estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the Contract. Progress payments may be withheld for failure to comply with the Contract. 9.6 PAYMENT FOR MATERIAL ON HAND (MOH) If payment for MOH is desired, request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request, and that have been delivered to the work location or are in acceptable storage places. Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements. Include only materials that have been sampled, tested, approved, or certified, and are ready for incorporation into the work. Only materials which are completely constructed or fabricated on the Contractor s order for a specific Contract and are so marked and on which an approved test report has been issued are eligible. Payment for MOH may include the following types of items: concrete traffic barrier, precast concrete box culverts, concrete piling, reinforced concrete pipe, GENERAL REQUIREMENTS AND COVENANTS Page 100 of 106 MCIP PROJECT January 16, of 448

239 and illumination poles. Any repairs required after fabricated materials have been approved for storage will require approval of the Engineer before being made and will be made at the Contractor s expense. Include only those materials that have an invoice cost of at least $1,000 in the request for MOH payment. If the request is acceptable, the Engineer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the materials. Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit price if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Owner. These forms may be electronically reproduced, provided they are in the same format and contain all the required information and certifications. Continue to submit monthly MOH forms until the total value of MOH is $0. By submitting a request for MOH payment, the Contractor expressly authorizes the Owner to audit MOH records, and to perform process reviews of the recordkeeping system. If the Owner determines noncompliance with any of the requirements of this provision, the Owner may exclude payment for any or all MOH for the duration of the Contract. Maintain all records relating to MOH payment until final acceptance. Provide these records to the Engineer upon request. 9.7 PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed, performed, and accepted will be made in accordance with Article 4.3., Changes in the Work. Payment for extra work may be established by agreed unit prices or by Force Account Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same character of work. These unit prices may be established without additional breakdown justification. When using Force Account Method, determine an estimated cost for the proposed work and establish labor and equipment rates and material costs. Maintain daily records of extra work and provide copies of these records daily, signed by the Contractor s representative, for verification by the Engineer. Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed. Include copies of all applicable invoices. If the extra work to be performed has an estimated cost of less than $10,000, submit for GENERAL REQUIREMENTS AND COVENANTS Page 101 of 106 MCIP PROJECT January 16, of 448

240 approval and payment an invoice of actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work Markups. Payment for extra work may include markups as compensation for the use of small tools, overhead expense, and profit Labor. Compensation will be made for payroll rates for each hour that the labor, foremen, or other approved workers are actually engaged in the work. In no case will the rate of wages be less than the minimum shown in the Contract for a particular category. An additional 25% of this sum will be paid as compensation for overhead, superintendence, profit, and small tools Insurance and Taxes. An additional 55% of the labor cost, excluding the 25% compensation provided in Section , Labor, will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non-projectspecific liability (excluding vehicular) insurance, workers compensation insurance, Social Security, unemployment insurance taxes, and fringe benefits Materials. Compensation will be made for materials associated with the work based on actual delivered invoice costs, less any discount. An additional 25% of this sum will be paid as compensation for overhead and profit Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An additional 15% of this sum will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off-site location Contractor-Owned Equipment. For Contractor-owned machinery, trucks, power tools, or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the Engineer will allow a reasonable hourly rate. This price will include operating costs. Payment for equipment will be made for the actual hours used in the work. The Owner reserves the right to withhold payment for low production or lack of progress. Payment will not be made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work, payment will be made for the duration the equipment is assigned to the work but no more than 8 hours will be paid during a 24-hour day, nor more than 40 hours per week, GENERAL REQUIREMENTS AND COVENANTS Page 102 of 106 MCIP PROJECT January 16, of 448

241 nor more than 176 hours per month, except when time is computed using a sixday or seven-day workweek. When using a six-day workweek, no more than 8 hours will be paid during a 24-hour day, nor more than 48 hours per week, nor more than 211 hours per month. When using a seven-day workweek, no more than 8 hours will be paid during a 24-hour day, nor more than 56 hours per week, nor more than 246 hours per month Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor, payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. When the invoice specifies equipment operators as a component of the equipment rental, payment will be made at the invoice rate for each operator for each day the equipment is needed for the work Standby Equipment Costs. Payment for standby equipment will be made in accordance with Section , Equipment, except that: Contractor-Owned Equipment. For Contractor-owned machinery, trucks, power tools, or other equipment: Standby will be paid at 50% (to remove operating cost) of the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. Standby costs will not be allowed during periods when the equipment would have otherwise been idle Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor: Standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. Standby will be not be paid foroperating cost, which includes fuel, lubricants, repairs, and servicing. Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby. Standby costs will not be allowed during periods when the equipment would have otherwise been idle. No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than 40 hr. per week, nor more than 176 hr. per month. GENERAL REQUIREMENTS AND COVENANTS Page 103 of 106 MCIP PROJECT January 16, of 448

242 9.7.6 Subcontracting. An additional 5% of the actual invoice cost will be paid to the Contractor as compensation for administrative cost, superintendence, and profit Law Enforcement. An additional 5% of the actual invoice cost will be paid as compensation for administrative costs, superintendence, and profit Railroad Flaggers. An additional 5% of the actual invoice cost will be paid as compensation for administrative cost, superintendence, and profit Bond Cost. An additional 1% of the total compensation provided in Article 9.7., Payment for Extra Work and Force Account Method, will be paid for the increase in bond. 9.8 RETAINAGE The Owner will withhold retainage on the Contractor. The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations. 9.9 PAYMENT PROVISIONS FOR SUBCONTRACTORS For the purposes of this article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the Engineer. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all subcontract or material purchase agreements. Pay subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor. Also, pay any retainage on a subcontractor s work within 10 days after satisfactory completion of all of the subcontractor s work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this section, satisfactory completion is accomplished when: the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Owner; and the work done by the subcontractor has been inspected, approved, and paid by the Owner. Provide a certification of prompt payment in accordance with the Owner s prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. GENERAL REQUIREMENTS AND COVENANTS Page 104 of 106 MCIP PROJECT January 16, of 448

243 The inspection and approval of a subcontractor s work does not eliminate the Contractor s responsibilities for all the work as defined in Article 7.17., Contractor s Responsibility for Work. The Owner may pursue actions against the Contractor, including withholding of estimates and suspending the work, for noncompliance with the subcontract requirements of this section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations FINAL PAYMENT When the Contract has been completed, all work has been approved, final acceptance has been made in accordance with Article 5.12., Final Acceptance, and Contractor submittals have been received, the Engineer will prepare a final estimate for payment showing the total quantity of work completed and the money owed the Contractor. The final payment will reflect the entire sum due, less any sums previously paid. GENERAL REQUIREMENTS AND COVENANTS Page 105 of 106 MCIP PROJECT January 16, of 448

244 THIS PAGE INTENTIONALLY LEFT BLANK. GENERAL REQUIREMENTS AND COVENANTS Page 106 of 106 MCIP PROJECT January 16, of 448

245 SECTION P INDEX OF GOVERNING STANDARD SPECIFICATIONS, SPECIAL PROVISIONS, & SPECIAL SPECIFICATIONS 245 of 448

246 THIS PAGE INTENTIONALLY LEFT BLANK. 246 of 448

247 DEPARTMENT OF PUBLIC WORKS DALLAS COUNTY, TEXAS INDEX OF GOVERNING STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF SACHSE ROAD PROJECT MCIP FROM US - 78 TO MILES ROAD All construction work for this project shall be performed in accordance with the Texas Department of Transportation, 2014 Standard Specifications for Construction of Highways, Streets, and Bridges, Construction Details; County of Dallas Special Provisions to the Standard Specifications; and Special Specifications. STANDARD SPECIFICATIONS: Texas Department of Transportation 2014 Standard Specifications applicable to this project are identified, but not limited to: Item No. Description Item 100 Preparing Right of Way (104,105,496,752) Item 104 Removing Concrete Item 105 Removing Stabilized Base and Asphalt Pavement Item 110 Excavation Item 132 Embankment Item 160 Furnishing & Placing Top Soil Item 162 Sodding (160,166,168) Item 170/COS Irrigation System (402,403,618,620,622,624,628) Item 192 Landscape Planting (160,166,168,193) Item 247 Flexible Base (Include 216) Item 251 Reworking Base/Compacted Subgrade (Include 216) Item 260 Lime Slurry Item 340 Hot Mix Asphaltic Concrete Pavement (Include 216) COS-0069 Item 341 Dense Graded Hot Mix Asphalt QA/QC Item 360 Reinforced Concrete Pavement Item 361 Reinforced Concrete Pavement Repair Item 401 Flowable Backfill Item 402 Trench Protection Item 416 Drilled Shaft Foundations Item 420 Concrete Sub Structures (400, 404, 421, 433, 435, 440, 498, and 575) Item 423 Retaining Walls (420,421,440,445,458,556) Item 432 Rip Rap (420,422) Item 450 Railing (442) Item 462 Concrete Box Culverts Item 464 Reinforced Concrete Pipe (400) Item 465 Inlet Item 466 Wingwall Item 467 Type II (18 RCP 3:1) Item 496 Removing Structures Item 500 Mobilization (6340) Item 502 Barricades, Signs and Traffic Handling Item 504 Field Office and Laboratory Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 508 Constructing Detours (216,340,341) Item 512 Portable Concrete Traffic Barrier (421,440,442) Item 528 Colored Textured Concrete 247 of 448

248 Item 529 Concrete Curb Item 530 Driveways Item 531 Curb Ramps Item 536 Concrete Median Item 540 Metal Beam Guard Fence (Steel Posts) Item 544 Guardrail End Treatment with Post Installed Item 545 Crash Cushion Attenuators Item 550 Chain Link Fence Item 610/COS Roadway Illumination Assemblies (617) Item 618 Conduit Item 624 Ground Boxes Item 644 Small Roadside Sign Supports & Assemblies (636,654) Item 662 Work Zone Pavement Markings (666,668,672) Item 666 Reflectorized Pavement Markings Item 672 Raised Pavement Markers Item 677 Eliminating Existing Pavement Markings & Markers Item 678 Pavement Surface Preparation for Markings Item 690 Install Traffic Signal Assembly (Turnkey as required for traffic flow) Item 785/COS-0040 Procure & Install Electrical Power Service Item 6001 Portable Message Sign Item 7012 Curb Inlet Sediment Protection DC-0001 (550) Chain Link Fence (Install) (6 ) (Barb Top) (Black PVC Coated) DC-0002 (552) Gate (Install) (Double) (6 x14 ) (Barb Top) (Black PVC Coated) DC-0003 (550) Chain Link Fence Gate (Install) (4 ) (Barb Top) (Black PVC Coated) DC-0004 Inlet guard Inlet Protection (Or Equivalent) (Special Spec.) DC-0005 Unique Paving Material/EZ Pave/Perma-Patch (Special Spec) DC-0006 (560) Remove Mailbox DC-0007 (560) Install Temp Mailbox DC-0008 (465) Inlet (Compl) (Curb) (8 ) DC-0009 (465) Inlet (Compl) (Curb) (20 ) DC-0010 (465) Inlet (Compl) (RC) (8 ) DC-0011 (465) Inlet (Compl) (RC) (10 ) DC-0012 (465) Inlet (Compl) (RC) (14 ) DC-0013 (465) Inlet (Compl) (RC) (20 ) DC-0014 (465) Inlet (Combo) (4 Grate) DC-5520 (450) 42 Pedestrian Rail DC-5900 (506) Storm Water Pollution Prevention Plan (Turnkey) DC-6340 Project Signs (Special Spec.) DC-6350 (506) Temporary Orange Safety Barrier Fence COS-0001 Remove Entry Sign COS-0002 Remove Salvage Transport Fire Hydrant to City COS-0003 Fire Hydrant Furnish and Install COS-0004 Water 6 DR-14 PVC (Include Fittings and Blockings) COS-0005 Water 8 DR-14 PVC (Include Fittings and Blockings) COS-0006 Water 12 DR-14 PVC (Include Fittings and Blockings) COS-0007 Water 16 DR-18 PVC (Include Fittings and Blockings) COS-0008 Cut and Plug Existing 4 Water COS-0009 Cut and Plug Existing 6 Water COS Gate Valve Furnish and Install COS Gate Valve Furnish and Install COS Gate Valve Furnish and Install COS Gate Valve Furnish and Install COS x 6 Tapping Sleeve COS x 6 Tapping Sleeve 248 of 448

249 COS x 8 Tapping Sleeve COS x 6 Tapping Sleeve COS x 8 Tapping Sleeve COS x 12 Repair Sleeve COS x 16 Repair Sleeve COS-0021 Relocate and Reconnect Existing Water Service COS-0022 Adjust Water Valves COS-0023 Water Testing COS-0024 Disposal of Heavy Chlorinated Water COS-0025 Connect to Existing Water COS Water Encasement Pipe COS-0027 Wastewater 8 PVC (SDR-35) COS-0028 Wastewater Manhole 4 Dia. COS-0029 Adjust Sanitary Sewer Manhole to final Grade COS-0030 Adjust Sanitary Cleanout COS-0031 Install 6 Sanitary Cleanout Lateral COS-0032 TV Inspection COS-0033 Vacuum Test Sanitary Sewer Manhole COS-0034 Trench Safety Furnish & Install COS Sanitary Sewer Cap COS-0036 Sidewalk Retaining Wall COS-0037 HDPE Pipe (18 ) (Appurtenances and fittings) C0S-0038 Inlet and Grate for HDPE Pipe COS-0039 Temporary Chain Link Fence COS-0040 Electrical Service (See note 101 of General Notes) COS-0041 Foundation A Light Pole Assembly (Including Wiring) (See note 101 of General Notes) COS-0042 Foundation B Light Pole Assembly (Including Wiring) (See note 101 of General Notes) COS-0043 Drake Elm (3 Cal.) (Includes landscape establishment & maintenance) COS-0044 Allee Elm (3 Cal.) (Includes landscape establishment & maintenance) COS-0045 Live Oak (3 Cal.) (Includes landscape establishment & maintenance) COS-0046 Texas Red Oak (3 Cal.) (Includes landscape establishment & maintenance) COS-0047 Tuscarora Crapemyrtle (Includes landscape establishment & maintenance) COS-0048 Natchez Crapemyrtle (Includes landscape establishment & maintenance) COS-0049 Nelly Stevens Holly (Includes landscape establishment & maintenance) COS-0050 Texas Redbud (Includes landscape establishment & maintenance) COS-0051 Indian Hawthorn (5 Gal) (Includes landscape establishment & maintenance) COS-0052 Adagio Maiden Grass (3 Gal) (Includes landscape establishment & maintenance) COS-0053 Liriope (4 Pots) (Includes landscape establishment & maintenance) COS-0054 Blue Rig Juniper (1 Gal) (Includes landscape establishment & maintenance) COS-0055 Seasonal Color (4 Pots) (Includes landscape establishment & maintenance) COS-0056 Red Autumn Sage (1 Gal) (Includes landscape establishment & maintenance) COS-0057 Mexican Bush Sage (1 Gal) (Includes landscape establishment & maintenance) COS-0058 Daylily (1 Gal) (Includes landscape establishment & maintenance) COS-0059 Texas Lantana (1 Gal) (Includes landscape establishment & maintenance) COS-0060 Common Bermuda (Includes landscape establishment & maintenance) COS-0061 River Cobble COS-0062 Steel Edge COS-0063 Mulch COS-0064 Compost COS Concrete Mow Strip COS-0066 Entry Sign Walls COS-0067 Low Wall 249 of 448

250 COS-0068 Irrigation System (Item 170 TxDOT) COS HMAC (Temp) (Item 341 TxDOT) Landscape Amenity ( ) Not a pay item. Work which would be classifiable under these specifications is subsidiary to other work for which pay items are provided. Whether or not listed, any of the Standard Specifications which are pertinent to work performed on this project are applicable and shall be observed. SPECIAL PROVISIONS: The following Dallas County Special Provisions shall govern and take precedence over the Specifications listed above, whenever in conflict therewith: Special Provision - Important Notice to Contractors - Equal Employment Opportunity Special Provision - Important Notice to Contractors - Minority/Women Owned Business Involvement Policy Special Provision - Important Notice to Contractors - Texas State Sales Tax Special Provision - Important Notice to Contractors Gifts Special Provision - Important Notice to Contractors Employment of Former County Employees Special Provision - Important Notice to Contractors - Construction Payments Special Provision - Important Notice to Contractors - Mobilization Special Provision - Important Notice to Contractors - Uncontrolled Random Cracking Special Provision - Important Notice to Contractors - Utility Adjustments Special Provision - Important Notice to Contractors Workers Compensation Regulations Special Provision - Important Notice to Contractors Submitting Bid Proposal by Computer Printout Special Provision - Item 6- Control of Materials (360,420,421,423,465,529,530,531,536) Special Provision - Item 100 Preparing Right of Way Special Provision - Item 104 Removing Concrete Special Provision - Item 105 Removing Stabilized Base and Asphalt Pavement Special Provision - Item 110 Excavation Special Provision - Item Topsoil Special Provision - Item 162 Sodding for Erosion Control Special Provision - Item 164 Seeding for Erosion Control Special Provision - Item 247 Flexible Base Special Provision - Item 260 Lime Treatment (Road Mixed) Special Provision - Item 275 Cement Treatment (Road Mix) Special Provision - Item 334 Hot Mix Cold-Laid Asphalt Concrete Pavement Special Provision - Item 340 Dense Graded Hot Mix Asphalt (Method) Special Provision - Item 360 Concrete Pavement Special Provision - Item 400 Excavation and Backfill for Structures Special Provision - Item 416 Drilled Shaft Foundations Special Provision - Item 420 Concrete Structures Special Provision - Item 421 Hydraulic Cement Concrete Special Provision - Item 427 Surface Finishes for Concrete Special Provision - Item Concrete Box Culverts and Storm Drains Special Provision - Item 464 Reinforced Concrete Pipe Special Provision - Item Manholes and Inlets Special Provision - Item 500 Mobilization Special Provision - Item 502 Barricades, Signs, and Traffic Handling Special Provision - Item 504 Field Office and Laboratory 250 of 448

251 Special Provision - Item 506 Temporary Erosion Sedimentation and Environmental Controls Special Provision - Item 531 Sidewalks Special Provision - Item 617 Temporary Lighting Special Provision - Item 618 Conduit Special Provision - Item Ground Boxes Special Provision - Item Retroreflectorized Pavement Markings Special Provision - Item Raised Pavement Markers SPECIAL SPECIFICATIONS: The following Dallas County Public Works Department Special Specifications are applicable to this project: Special Specification, Item Partnering Workshop Special Specification, Item Stormwater Pollution Prevention Plan Implementation/ Management Special Specification, Item 6001 Portable Changeable Message Sign Special Specification, Item 6002 Universal Paving Material Special Specification, Item 6340 Project Signs (500) Special Specification, Item Contractor Performance Evaluation Special Specification, Item 8000 Cement Use on Public Projects Sustainable Air Quality Unique Paving Material EZ Street Asphalt Perma Patch Inlet Guard The following Miscellaneous City of Sachse Special Specifications are applicable to this project: Special Specification, City of Sachse Lighting Product Manual (Industrial Park) Besides the above, the following are part of this Contract: Technical Specifications Texas Department of Transportation, 2014 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges The General Specifications (Standard Specifications for Public Works Construction - North Central Texas Council of Governments - Fourth Edition ) - A copy of the Standard Specifications for Public Works Construction may be obtained from the North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas, Telephone (817) City of Sachse, Texas Standard Construction Details A copy of the Sachse standards can be obtained at Occupational Safety and Health Standards - Excavations, 29 CFR Part 1926; effective January 2, 1990 (or Latest Edition). 251 of 448

252 THIS PAGE INTENTIONALLY LEFT BLANK. 252 of 448

253 SPECIAL PROVISIONS 253 of 448

254 THIS PAGE INTENTIONALLY LEFT BLANK. 254 of 448

255 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin. The Contractor shall take affirmative action to insure that applicants are employed, that employees are treated during employment without regard to their race, color, sex, religion, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, ratios of pay or other forms of compensation; and selection for training, including apprenticeship, except that illegal-aliens shall not be employed in this project. The Contractor shall post in conspicuous places, available to employees or applicants for employment, notices to be provided setting for the provisions of this non-discrimination clause. The Contractor shall, in all solicitations or advertisements for employees place by or on behalf of the Contractor, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, national origin or age. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or worker's representatives of the Contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor shall include the provisions of this special provision in all subcontracts pertaining to the work. During the course of the work, the Contractor shall submit to the Engineer, on a monthly basis, a breakdown by ethnic group of all employees, including sub-contractor's employees, at the site of the work. The Contractor shall certify that no illegal aliens are employed on the project. 255 of 448

256 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS TEXAS STATE SALES TAX The Contractor's attention is directed to the fact that the Texas Limited Sales, Excise and Use Tax Statue, Chapter 20, Title 122A has been amended, effective October 2, This statute was further affected by House Bill 11 (HB-11) passed by the Texas State Legislature in 1991 and recent interpretations of this bill by the Texas State Comptroller. The Contractor will furnish a "Resale Certificate" to the supplier or vendor from which he acquires the materials which are incorporated into the project. Dallas County is a tax exempt agency in accordance with the above cited statutes and as the final purchaser of the materials incorporated into the project will provide an exemption certificate to the Contractor for those materials. 256 of 448

257 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS GIFTS The Contractor's specific attention is directed to Title 8, Articles and 36.09, Texas Penal Code, titled "Gifts to Public Servant by Persons Subject to his Jurisdiction" and "Offering Gifts to Public Servant". Article states that any public servant who solicits, accepts, or agrees to accept any benefit from a Contractor has committed an offense punishable as a Class A misdemeanor. Article states that any Contractor who offers, confers, or agrees to confer any benefit on a public servant has committed an offense punishable as a Class A misdemeanor. 257 of 448

258 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS EMPLOYMENT OF FORMER COUNTY EMPLOYEES TWELVE-MONTH WAITING PERIOD FOR EMPLOYMENT OF CERTAIN FORMER COUNTY EMPLOYEES - In accordance with the County's Transparency Policy, any firm awarded a contract for the Procurement of goods or services shall be prohibited from hiring any individual who has previously worked for the County and in that capacity either evaluated, recommended, approved, monitored, or managed a contract involving that firm no sooner than twelve months after that individual has ceased to work for or be employed by the County. Failure to adhere to such a contractual requirement may result in the termination of the contract with the County. DALLAS COUNTY, TEXAS 258 of 448

259 SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS CONSTRUCTION PAYMENTS Dallas County's policy for periodic construction payments shall be as follows: Dallas County construction funds shall be disbursed to Dallas County Contractors in time intervals of not less than 30 days, consistent with time frames which meet the requirements of the State Timely Payment Act. Construction contracts, without exception, shall include an estimated Draw Down Schedule, outlining expected payments which shall be made no sooner than completion of contracted work, subject to weather, materials availability and the normal review and certification of specified Dallas County officials and outside consultants and authorities, as may be required. Contractors shall provide Dallas County with an updated Draw Down Schedule on a quarterly basis. 259 of 448

260 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS MOBILIZATION The Contractor's attention is directed to the Special Provision to Item 500, MOBILIZATION. It is very important that the Contractor not unbalance the bid for this item. Unit prices bid must be related to the work required for each particular bid item and not be unbalanced. 260 of 448

261 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS UNCONTROLLED RANDOM CRACKING The Contractor's attention is directed to Item 360, CONCRETE PAVEMENT, Article , Sawing Joints. It is the Contractor's responsibility to promptly and correctly saw the weakened plane joints to prevent uncontrolled cracking of pavement from occurring. The requirements for sawed joints applies equally to Item 360, Concrete Pavement; Item 529, Concrete Curb, Gutter, and Combined Curb and Gutter, Item 530, Intersections, Driveways, and Turnouts, and Item 531, Sidewalks. To prevent uncontrolled cracking, longitudinal joint spacing should not exceed fifteen feet. Transverse joint spacing should not exceed twenty feet. Concrete pavement joint sawing should commence as soon as the pavement has hardened sufficiently to support the saw and operator without scarring and the sawing operation does not pull out aggregate. This will assist in preventing random cracks. The Specifications require sawing at approximately 60-foot intervals as soon as sawing can be accomplished without damage to the pavement and before 24 hours after the concrete has been placed. The intervening joints would then be sawed. All sawing must be completed within 24-hours to prevent uncontrolled cracking. Where there is considerable difference between day temperatures and night temperatures, cracking is more likely to occur. Therefore, the Contractor is cautioned to proceed with sawing as quickly as possible after placing and commensurate without causing damage to the pavement. Delaying sawing until the next day or to near the end of the 24-hour period is likely to result in uncontrolled cracking. Concrete which has uncontrolled cracking is considered deficient workmanship and unacceptable Work under the terms of the Contract Documents. Such cracks shall be repaired according to the Plans or as directed by the Engineer at the entire expense of the Contractor. Surface cracks shall be routed to the depth and width specified and shall be sealed with joint sealing material, Class 5 or Class 8 as specified in TxDOT s DMS-6310 Joint Sealant and Fillers as directed by the Engineer in writing. Uncontrolled cracks which extend completely through the concrete section are considered failed pavement. Sections must be removed and replaced in accordance with details in the Plans or as directed by the Engineer. Such failed pavement will not be accepted for payment until repaired. Necessary repairs shall be made at the Contractor's entire expense. 261 of 448

262 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS UTILITY ADJUSTMENTS The Contractor's attention is directed to Vernon's Civil Statutes which authorize utilities, both public and private, to occupy public rights-of- way (ROW). Utilities by virtue of the direct legislative grant of Articles 1433 and Articles 1416, 1436a and 1436b, and other similar statutes, are authorized to place their facilities within the ROW along public roads, streets and highways in this State. The Contractor will not have exclusive use of the ROW as this project will require concurrent utility relocations and/or adjustments for water and sanitary sewer; as well as electrical, communication, cable television and/or gas lines throughout the construction period. Contractors bidding this project which is within a City s jurisdiction should also be aware that Dallas County has no regulatory nor enforcement authority over utility companies occupying a portion of the right of way (ROW). These utilities are franchised by the City. Dallas County will, however, make every effort to encourage any conflicting utilities to expeditiously adjust their conflicts. Also, where utilities are uncooperative or slow in removing conflicts, Dallas County will request that the City within the limits of their franchise agreement require the utility to make the adjustment. Since the County has no jurisdictional authority to set a time limit upon nor force quick action in utility adjustments of conflicts and relocation of lines, failure on the part of any utility, either public or private, to expeditiously eliminate the conflict shall not be a basis for a claim to Dallas County for lack of production. The Contractor shall protect and save harmless Dallas County from any claims whatsoever resulting from damages, injuries and/or lack of production because of failure upon the part of such utilities to adjust their lines and remove conflicts in a timely manner. This requirement is not intended to deny the contractor any rights or remedy at law which he may have against utilities or other third parties causing such lack of production. The Contractor in executing the contract for construction of this project acknowledges and agrees to the requirements herein. 262 of 448

263 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS WORKERS COMPENSATION REGULATIONS The Contractor s attention is directed to Texas Workers Compensation Commission Rule The contractor and Dallas County shall comply with all aspects of said rule including the posting of Required Workers Compensation Coverage notice and Texas Workers Compensation commission of the Texas Workers Compensation act, Texas Labor Code, Forms TWCC-81 and 85. Sample forms are included in the contract documents. 263 of 448

264 TEXAS WORKERS' COMPENSATION COMMISSION Southfield Building, 4000 South IH-35 Austin, Texas If you are not certain whether all parties meet the requirements for entering into this agreement, you may wish to consult an attorney. AGREEMENT BETWEEN GENERAL CONTRACTOR AND SUBCONTRACTOR TO PROVIDE WORKERS' COMPENSATION INSURANCE Notice of Agreement The undersigned General Contractor and the undersigned Subcontractor hereby agree that the General Contractor will withhold will not withhold the cost of workers' compensation insurance coverage from the Subcontractor's contract price and that, for the purpose of providing workers' compensation insurance coverage, the General Contractor will be the employer of the Subcontractor and the Subcontractor's employees. This agreement makes the General Contractor the employer of the Subcontractor and the Subcontractor's employees only for the purposes of workers' compensation laws of Texas and for no other purpose. FROM: TERM (DATES) OF AGREEMENT: TO: LOCATION OF EACH AFFECTED JOB SITE (OR STATE WHETHER THIS IS A BLANKET AGREEMENT): ESTIMATED NUMBER OF EMPLOYEES AFFECTED: THIS AGREEMENT SHALL TAKE EFFECT NO SOONER THAN THE DATE IT IS SIGNED. General Contractor's Affirmation If the General Contractor's workers' compensation carrier changes during the effective period of coverage, it is advisable for the General Contractor to file this form with the new insurance carrier. Federal Tax I.D. Number Signature of General Contractor Date Address (Street) Printed Name of General Contractor Address (City, State, Zip) Subcontractor's Affirmation Federal Tax I.D. Number Signature of Subcontractor Date Address (Street) Printed Name of Subcontractor Address (City, State, Zip) Four copies of this form must be completed: This agreement must be filed by the General Contractor with both the Texas Workers' Compensation Commission and the workers' compensation insurance carrier of the General Contractor within 10 days of the date of execution. The original must be filed with the Commission. The agreement must be filed by PERSONAL DELIVERY OR REGISTERED OR CERTIFIED MAIL. Failure to file this agreement may result in a fine of up to $5,000. Both the General Contractor and the Subcontractor must also retain a copy of the agreement. 264 of 448

265 TEXAS WORKERS' COMPENSATION COMMISSION Southfield Building, 4000 South IH-35 Austin, Texas If you are not certain whether all parties meet the requirements for entering into this agreement, you may wish to consult an attorney. Texas Workers' Compensation Act, Texas Labor Code, Section (2) defines "independent contractor" as follows: (1) "Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who ordinarily: (A) acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship; (B) is free to determine the manner in which the work or service is performed, including the hours of labor of or method of payment to any employee; (C) is required to furnish or have his employees, if any, furnish necessary tools, supplies, or materials to perform the work or service; and (D) possesses the skills required for the specific work or service. AGREEMENT BETWEEN GENERAL CONTRACTOR AND SUBCONTRACTOR TO ESTABLISH INDEPENDENT RELATIONSHIP Notice of Agreement The undersigned General Contractor and the undersigned Subcontractor hereby declare that: (A) the Subcontractor meets the qualifications of an Independent Contractor under Texas Workers' Compensation Act, Texas Labor Code, Section ; (B) the Subcontractor is operating as an independent contractor as that term is defined under Section of the Act; (C) the Subcontractor assumes the responsibilities of an employer for the performance of work; and (D) the Subcontractor and the Subcontractor's employees are not employees of the General Contractor for purposes of the Act. TERM (DATES) OF AGREEMENT: FROM: TO: Name of General Contractor Name of Subcontractor LOCATION OF EACH AFFECTED JOB SITE (OR STATE WHETHER THIS IS A BLANKET AGREEMENT): Estimated number of employees affected: THIS AGREEMENT SHALL TAKE EFFECT NO SOONER THAN THE DATE IT IS SIGNED. General Contractor's Affirmation If the General Contractor's workers' compensation carrier changes during the effective period of coverage, it is advisable for the General Contractor to file this form with the new insurance carrier Federal Tax I. D. Number Signature of General Contractor Date Address (Street) Printed Name of General Contractor Subcontractor's Affirmation Address (City, State, Zip) Signature of Subcontractor Date Address (Street) Tax I. D. Number Printed Name of Subcontractor Address (City, State, Zip) Three copies of this form must be completed: This agreement must be filed by the General Contractor with the workers' compensation insurance carrier of the General Contractor within 10 days of the date of execution. The original must be filed with the insurance carrier by PERSONAL DELIVERY OR REGISTERED OR CERTIFIED MAIL. Both the General Contractor and the Subcontractor must also retain a copy of the agreement. 265 of 448

266 DALLAS COUNTY, TEXAS SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS SUBMITTING BID PROPOSALS BY COMPUTER PRINTOUT Bidders, at their option, in lieu of hand writing in the unit prices in words in ink in the proposal, may submit an original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by the Dallas County Commissioners Court. As a minimum, computer printouts must contain the information and in the arrangement shown on the Example of Bid Prices Submitted by Computer Printout form in the proposal. Proposals with unit prices by computer printout will not be read if: (a) (b) (c) (d) The proposal does not bear the certification verbatim, as shown on the example in the proposal. The computer printout is not signed in the name of the firm to whom the proposal was issued. The computer printout omits required bid items or includes items not shown in the proposal. The proposal issued by Dallas County Public Works Department is not fully executed as provided above. If the proposal submitted by the Bidder contains both the form furnished by Dallas County Public Works Department, completed according to the instructions, and also a computer printout, completed according to the instructions, only one will be considered. In this situation, the unit bid prices shown on the computer printout will be used to determine the bid. 266 of 448

267 EXAMPLE OF BID PRICES SUBMITTED BY COMPUTER PRINTOUT BID PROPOSAL BLACKBURN ROAD PROJECT (HOLFORD RD to WATER OAK DR) PAVING, DRAINAGE, AND UTILITY IMPROVEMENTS ITEM DESCRIPTION OF BID ITEM UNIT OF APPROX CONSTRUCTIO N EXTENDION OF AMOUNT NO. MEASURE QUANTITY UNIT PRICES FOR ITEM UNIT PRICE WRITTEN IN WORDS 100 PREPARING RIGHT OF WAY STATION 60 $ $42, REMOVE CONCRETE 104 (PAVEMENT) SY 3239 $7.00 $22, REMOVING CONCRETE (STAB BASE AND/OR ASHALT 104 PAVEMENT) SY $2.00 $22, NOTE: To help in the bid tabulation process please show a maximum of 15 bid item lines on each separate sheet. TOTAL BID AMOUNT $87, SEVEN HUNDRED DOLLARS AND NO CENTS SEVEN DOLLARS AND NO CENTS TWO DOLLARS AND NO CENTS (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer printout for all the bid items and the alternates contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this printout. (YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total bid amount will be determined by multiplying the unit bid prices shown in this printout by the respective estimated quantities shown in the proposal and then totaling all the extended amounts. SIGNED: TITLE: ACKNOWLEDGE RECEIPT OF ADDENDUM(A) #DATE: NOTE: All questions regarding this RFP are to be submitted, in writing, to Debra Morris. Contract Specialist, via to Debra.Morris@dallascounty.org or by fax to (214) You may inquire regarding your previous fax or by calling or via mail to Dallas County Purchasing, 900 Jackson Street, Suite 680, Dallas, TX All questions, comments and requests for clarification must reference the RFP number (Bid Number) on all correspondence to Dallas County. Any oral communications shall be considered unofficial and non-binding. Only written responses to written communications shall be considered official and binding upon the County. The County reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification. All addendum(a) and/or any other correspondence (general information, question and responses) to this RFP will be made available exclusively through the Dallas County website for retrieval. Contractors are solely responsible for frequently checking this website for updates to this RFP. Addendum(a) to this RFP can be located at the following web address: (go to the appropriate RFP #, click on the appropriate hyperlink for viewing and/or downloading.) 267 of 448

268 SPECIAL PROVISION TO ITEM 100 PREPARING RIGHT OF WAY For this Project, Item 100, "PREPARING RIGHT OF WAY ", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article DESCRIPTION: is supplemented by the following: This item shall also include the verification of the location of all underground utilities which affect the work included in the scope of this contract. The Contractor shall submit, to the Engineer, field notes and / or sketches showing locations and elevations of all conflicts between existing utilities and the work included in the scope of this contract. Article MEASUREMENT: is supplemented by the following: Measurement for payment will be made between the limits of construction. Measurement will be parallel and adjacent to the centerline of the right-of-way or, in the case of off-site drainage improvements, along the centerline of the improvement. No separate measurements will be made parallel and adjacent to the centerlines of intersecting streets. Article PAYMENT: The following to be supplemented as additional to this item: Item 100 shall be full compensation for removing and disposing of all obstructions, trees and debris within the public right-of-way and within all easements shown on the plans to be removed or that is in direct conflict with the proposed improvements, unless specifically paid for in Item 104 series, Removing Concrete, Item 105 series, Removing Base and Asphalt Pavement, or Item 496, Remove Structure. Any abandoned utilities, light pole foundation or drainage structures that are encountered by the Contractor shall be removed. The cost of the removal of the structures shall be considered subsidiary to this item. This item also includes tree trimming, which shall generally be for the purpose of providing adequate clearance for vehicular, pedestrian and utility usage within the public right of way. The extent of tree trimming will be specifically defined by the Engineer during construction. All work performed in the areas not so designated on plans as Preparing Right of Way will not be paid for directly but shall be considered subsidiary work to the various bid items. Dallas County Special Provisions 268 of 448

269 SPECIAL PROVISION TO ITEM 104 REMOVING CONCRETE For this Project, Item 104 "REMOVING CONRETE", of the Standard Specifications is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article DESCRIPTION: Revise the sentence to read: Break, remove, and salvage or dispose of existing hydraulic cement concrete including asphalt overlay. Article MEASUREMENT: Add the following sentence: The removal of base and asphalt overlay will be included in the concrete pavement measurement. The square yard quantity provided in the plans is based on the surface area. The depth of existing concrete, asphalt overlay and base is undetermined. Article PAYMENTS: Revise the last sentence to read: This price is full compensation for breaking the concrete and asphalt overlay; loading, hauling and salvaging or disposing of the material; and equipment, labor, tools, and incidentals. Dallas County Special Provisions 269 of 448

270 SPECIAL PROVISION TO ITEM 105 REMOVING TREATED AND UNTREATED BASE AND ASPHALT PAVEMENT For this Project, Item 105 REMOVING TREATED AND UNTREATED BASE AND ASPHALT PAVEMENT", of the Standard Specifications is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article MEASUREMENTS. The last sentence of this article is hereby deleted and replaced by the following: The square yard quantity provided in the plans is based on the surface area of asphalt coverage. The depth of existing asphalt and base is undetermined. Article PAYMENTS. The first sentence of this article is hereby deleted and replaced by the following: The work performed in accordance with this Item and measured as provided under Measurement will be paid for at the unit bid price for Removing Treated and Untreated Base and Asphalt Pavement, regardless of the depth of existing base and asphalt. No additional payment will be made for variable base and asphalt depth. Dallas County Special Provisions 270 of 448

271 SPECIAL PROVISION TO ITEM 110 EXCAVATION For this Project, Item 110 EXCAVATION", of the Standard Specifications is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article DESCRIPTION : Add the following sentence to the paragraph: If no classification is indicated on the plans, it shall be considered "Unclassified". Unclassified Roadway Excavation shall include all materials encountered regardless of their nature or in the manner in which they are removed. Article MEASUREMENT : Add the following sentence to the paragraph: Excavation for driveways, alleys, sidewalks, side road connections and street connections shall be included in the measurement for this item in cases where such quantities are not computed in the cross-sections. Excavation volumes shall be calculated by end area method. Article PAYMENT: Add the following sentence to the paragraph: The hauling of materials, including waste, will not be measured for separate payment, but will be considered as subsidiary to the various items of the contract. Dallas County Special Provisions 271 of 448

272 SPECIAL PROVISION TO ITEM 160 TOPSOIL For this Project, Item 160 TOPSOIL", of the Standard Specifications is hereby deleted in its entirety and replaced with the following specification: Description. Furnish and place topsoil to the depths and on the areas shown on the plans Materials. Use easily cultivated fertile topsoil that is free from objectionable material, has a high resistance to erosion and is able to support plant growth. Rocky soil, gravel, clay, shale and subsoil are not permitted for use. Topsoil shall contain no slag, cinders, stones, soil lumps, sticks, roots, debris, rocks, trash or other extraneous or objectionable materials. Obtain topsoil from the right of way at sites of proposed excavation or embankment when specified on the plans, or as directed. Secure additional topsoil, if necessary, from approved sources outside the right of way in accordance with the requirements of Article 7.19, Preservation of Cultural and Natural Resources and the Environment. Ensure that the topsoil obtained from sites outside the right of way has a ph of 5.5 to 8.5. Topsoil retained from the project site will be required to have a ph in the range of 5.5 to 8.5. Use water that is clean and free of industrial wastes and other substances harmful to the growth of vegetation Construction. Remove and dispose of objectionable material from the topsoil source before beginning the work. Stockpile topsoil, when necessary, in a windrow at designated locations along the right of way line or as directed. Keep source and stockpile areas drained during the period of topsoil removal and leave them in a neat condition when removal is complete. Before placing topsoil, grade and finish areas that are to receive topsoil, allowing for the specified depth of topsoil. Scarify or till subsoil to a minimum depth of 6 inches before placing topsoil. Spread the topsoil to a uniform loose cover at the thickness specified. Place and shape the top soil as directed. Water and roll the topsoil with a light roller or other suitable equipment. The Owner will test the in-place topsoil for ph at as many locations as deemed necessary throughout the project site. If topsoil ph levels fall outside the range of 5.5 to 8.5, the Contractor shall be responsible for applying lime (or other approved correction material) at a rate sufficient to bring the ph levels into tolerance. In these cases, the lime (or other approved correction material) shall be thoroughly mixed into the minimum full depth of topsoil requiring ph correction. It is the Contractor s responsibility to determine the application rates sufficient to bring ph levels into tolerance. The Contractor shall assume full responsibility for any loss or damage to turf arising from improper use of correction material. The Contractor will not be permitted to install any plant material until the Owner has tested the topsoil ph to determine whether amendment is required, nor shall any plant material be installed until requisite ph corrections have been performed and the soil ph has been re-tested for compliance. Dallas County Special Provisions 272 of 448

273 Measurement. This Item will be measured by the square yard complete in place Payment. The work performed and the materials furnished in accordance with this Item and measured as provided under Measurement will be paid for at the unit price bid for Furnishing and Placing Topsoil of the depth specified on the plans. This price is full compensation for securing necessary sources and royalties; furnishing topsoil; excavation, loading, hauling, stockpiling and placing; scarifying subsoil; ph correction material; watering; rolling; and equipment, labor, materials, tools, and incidentals. Limits of excavation and embankment for payment are shown in Figure 1. Dallas County Special Provisions 273 of 448

274 SPECIAL PROVISION TO ITEM 162 SODDING FOR EROSION CONTROL For this Project, Item 162, "SODDING FOR EROSION CONTROL", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article PAYMENT: The last paragraph of this article is deleted and replaced by the following: All water, including vegetative watering required for preparation, establishment and maintenance of block sodding prior to planting will not be paid for directly but will be subsidiary to other bid items of the contract incidental to this Item. Article PAYMENT: The article is supplemented with the following: Payment shall be authorized upon completion of the work. However, the Owner reserves the right to reduce the quantities of previously paid sod on monthly pay estimates in cases where such sod fails to establish or sustain. Pay quantities will be reinstated upon replacement of dead sod by the Contractor. Article ACCEPTANCE. This article is added to Item 162. Acceptance as it relates to this article is defined as the Owner s acceptance of the project for warranty. A. Weed Control. The Contractor is responsible for weed control beginning with the preparation to commence sodding activities and continuing through final acceptance. Treat weeds with pre-emergent and post-emergent herbicides that do not have a long residual effect. No sod shall be applied to soil which has been chemically treated until sufficient time has elapsed to permit dissipation of toxic materials and to permit the effective eradication of weeds. The Contractor shall assume full responsibility for any loss or damage to sod arising from improper use of herbicides. The cost for weed control is subsidiary to Item 162. B. Coverage. Ensure that sodded areas have a uniform, healthy and weed-free stand of grass. The minimum living plant coverage standards for acceptance of sod in any planted area is 100% coverage of ground surface. Dallas County Special Provisions 274 of 448

275 SPECIAL PROVISION TO ITEM 247 FLEXIBLE BASE For this Project, Item 247 FLEXIBLE BASE, or FLEXIBLE BASE (DELIVERED) of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article Aggregate (Table 1) MATERIAL REQUIREMENTS. Delete the requirements for triaxial tests (Tex-117-E) for grades 1 and 2. Dallas County Special Provisions 275 of 448

276 SPECIAL PROVISION TO ITEM 260 LIME TREATMENT (ROAD MIXED) For this Project, Item 260, LIME TREATMENT (ROAD MIXED), of Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this item are waived or changed hereby. Article CONSTRUCTION; Mixing. The third sentence of the second paragraph in this article is deleted and replaced with the following: Allow the mixture to mellow (cure) for a minimum of 3 days (72 hours), unless otherwise directed by the Engineer. Article CONSTRUCTION; Mixing. This article is appended with the following: When the material to be treated has a sulfate content greater than 7,000 ppm, double application of lime treatment shall be performed. Mix one-half of the required lime into the material initially. Allow the material for mellow for 7 days, unless otherwise directed by the Engineer. After the initial mellowing period, the Engineer s laboratory shall sample and test the material for sulfate content in accordance with Tex-145-E. Treat the material with the other half of the required lime and allow the material to mellow for an additional 7 days, unless otherwise directed by the Engineer. The Engineer s laboratory shall sample and test the material again for sulfate content in accordance with Tex-145-E. Compaction of the final treated material shall not proceed until directed by the Engineer. Article CONSTRUCTION; Compaction; Density Control; Subgrade. This article is modified as follows: When the Density Control method of compaction is specified for lime treated existing subgrade that will receive concrete surface, the lime treated material shall be compacted to not less than 96% density as determined by test method Tex-114-E. Article CONSTRUCTION; FINISHING ( ), and CURING ( ). These articles are voided and replaced by the following: After the final layer or course of the lime treated subgrade, subbase or base has been compacted; it shall be brought to the required lines and grades in accordance with the typical sections. The completed section shall then be finished by rolling as directed with a pneumatic tire or other suitable roller sufficiently light to prevent hair cracking. These completed sections shall be moist-cured for a minimum of 48 hours In cases where subgrade treatment or subbase sets up sufficiently to prevent objectionable damage from traffic, such layers may be opened to construction and/or access traffic, and covered by other courses, the day following compaction, unless otherwise directed by the Engineer. Dallas County Special Provisions 276 of 448

277 Where time and traffic conditions warrant, the Engineer may direct that the section be cured for up to 7 days. If the plans provide for the treated material to be sealed or covered by other courses of material, such seal or course shall be applied within 14 days after final mixing is completed, unless otherwise directed by the Engineer. Article MEASUREMENT; Lime; Hydrated Lime; Dry: This article is supplemented with the following: The Dry Solids Content shall be at least 35 percent by weight of the slurry and the quantity of lime will be calculated by the ton of 2000 pounds based on the 35 percent, as delivered on the road. Dallas County Special Provisions 277 of 448

278 SPECIAL PROVISION TO ITEM 340 DENSE- GRADED HOT-MIX ASPHALT (METHOD) For this project, Item 340, "DENSE GRADED HOT-MIX ASPHALT (METHOD)" of the Standard Specifications is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article CONSTRUCTION: Add the following article: A prime coat shall be required on all subgrade, sub-base or base course upon which asphaltic concrete pavement will be directly place. The application shall be.15 gallons per square yards of MC-30 placed in conformance with Item 310 "Prime Coat. Prime Coat will not be paid for directly but will be considered subsidiary to the various items of the contact. Article CONSTRUCTION, Mixture Design: Add the following: The asphaltic material shall form not less than 5 percent of the mixture by weight for Type B or Type D. Article CONSTRUCTION, Tack Coat: Add the following: Tack coat will not be paid directly but will be considered subsidiary to the various items of the contract. Article MEASUREMENT is voided and replaced by the following: Asphaltic concrete will be measured by the 2000 lbs. of the entire asphaltic concrete mixture complete in place. No measurement for payment will be made for thickness or widths greater than plan dimensions, unless otherwise authorized by the Engineer in writing prior to placement. The tonnage will be calculated based upon 110 pounds per inch square yard of material compacted and complete in place. Tonnage of material delivered to the project shall be verified by batch scales and record of number of batches. Article PAYMENT: is voided and replaced by the following: The work performed and materials furnished as prescribed by this item and measured as provided under "MEASUREMENT" will be paid for at the unit price bid "HOT MIX ASPHALTIC CONCRETE", of the types specified, which price shall be full compensation for quarrying, furnishing; and for all manipulation, labor, tools, equipment and incidentals necessary to complete the work. Dallas County Special Provisions 278 of 448

279 SPECIAL PROVISION TO ITEM 360 CONCRETE PAVEMENT For this project, Item 360, CONCRETE PAVEMENT, of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article MATERIALS; Hydraulic Cement Concrete, is to be supplemented by the following: HYDRAULIC CEMENT CONCRETE for pavement is further defined to contain no less than 520 pounds per cubic yard of cementitious materials. Additionally the use of the term Cementitious Materials is defined as Portland Cement or one of the following: A. Portland Cement with no more than 25% of the cement replacement with fly ash. B. Portland Cement with no more than 25% replacement of the cement with GGBFS. C. Portland Cement with no more than 25% replacement of the cement with GGBFS or silica fume. However, no more than 20% may be fly ash, and no more than 5% may be silica fume. D. Fly Ash shall not be used when the ambient temperature is 50 degree Fahrenheit and falling. Article EQUIPMENT; Texturing Equipment; Carpet Drag is voided and not replaced. Article CONSTRUCTION; Job-Control Testing; Job-Control Strength STRENGTH is supplemented by the addition of following: (A) THE COMPRESSIVE STRENGTH TEST REQUIREMENT: 3200 PSI at 7 days will be used for acceptance but will not be used for rejection. For areas that are represented by the 7-day compressive strength test which fall below the required compressive strength value, the acceptance criteria will be based upon 28-day (4400 psi) compressive strength prove out tests. (B) PROVE OUT OPTIONS: The County through its testing Laboratory shall cast one set Dallas County Special Provisions 279 of 448

280 of two 7-day cylinders and one set of two 28-day cylinders. Should any 7-day process control test be deficient (fails to meet 3200 psi), the County will use the results of its 28-day cylinder break results for acceptance purposes. The Contractor, at his option and expense, may also cast 28-day test cylinders simultaneously with the test cylinders made by the County s laboratory for prove-out purposes. The Contractor s test cylinders shall be made by an independent laboratory, selected by the Contractor and approved by the County. The Contractor s laboratory shall test the 28-day prove-out cylinders in accordance with Test Method Tex-418-A. If the Contractor elects not to cast his own prove-out cylinders, the County s 28-day compressive test results shall control. At the discretion of the Engineer, coring (at the sole expense of the Contractor) may be permitted to provide additional data to support the 28-day compressive test results or to resolve disparity (greater than 7.5%) between the 28-day compressive strength test results reported by the County s laboratory and the Contractor s laboratory, respectively. If coring is authorized, the following conditions apply: Cores shall be made by an independent laboratory, mutually selected by the County and Contractor. The direct and indirect costs for such cores shall be paid for by the Contractor. Extract core samples in similar locations where the concrete was placed and break them at 28 days in accordance with Test Method Tex-424-A. At its option, the County may extract cores simultaneously with the independent laboratory and test them for comparison to the independent laboratory s results. Time is of the essence if the Contractor seeks a potential remedy through coring, provided coring is authorized by the Engineer. In no case will coring be permitted beyond the 31 st calendar day after the date the subject concrete was placed nor will core test results be accepted for cores tested beyond the 31 st calendar day after the date the subject concrete was placed. It is the Contractor s responsibility to coordinate with the laboratory (ies) and the County inspector to obtain 28-day compressive test results on the 28 th day. To qualify for full payment, the core specimen must meet the minimum compressive strength of 4400 PSI. (C) PRICE ADJUSTMENT FACTOR FOR DEFICIENT CONCRETE STRENGTH: It is the intent of this Specification that all concrete construction covered by this Specification be constructed in strict conformity with the Plans and these Specifications. Where any work is found to be constructed of concrete with strength values of less than the specified minimum 28 day compressive strength, the following rules relative to adjustment of payment of acceptable work and to replacement of pavement shall govern. (a) If the concrete compressive strength is less than the minimum required strength of 4400 PSI, when tested at 28 days, the price adjustment factor per square yard of concrete having a deficient strength shall be in accordance with the following table: Dallas County Special Provisions 280 of 448

281 Percent Deficient Price Adjustment Factor 0%-10% -$5.00/SY 10%-15% -$10.00/SY 15%-20% -$20.00/SY Greater than 20% *No Payment/Remove and Replace (at Engineer s option) The Price Adjustment Factor shall be deducted from payment due or to become due to the Contractor. (b) All concrete having strength more than 20 percent (20%) deficient shall be removed and replaced with concrete meeting the requirements of these Specifications at the entire cost and expense of the Contractor. (c) The area of concrete concerned in the adjustment or removal shall be the designated area represented by the compressive strength values determined as herein above specified. Measurement for adjustment or removal will be made to points equidistant between acceptable and unacceptable test points (points at which a compressive strength value was determined.) (D) CONCRETE DESIGN FOR INTERSECTIONS: When paving and finishing of street intersections and left turn lanes are accomplished by hand methods, the concrete used shall conform to the following special requirements: Location Minimum Cementitious Max. Slump Major Thoroughfares 6 Sacks per Cubic Yard 4 inches Secondary Thoroughfares 5.5 Sacks per Cubic Yard 4 inches Residential Streets 5.5 Sacks per Cubic Yard 4 inches These special conditions will not be required when the intersection or left turn lane will be placed and finished by mechanical methods. If the Plans or Special Provisions indicate that traffic will be routed over the new concrete surface prior to the normal 7-day waiting period, the use of high-early strength concrete will be required. When high-early strength concrete is used, traffic will not be allowed on the surface for a minimum period of 72 hours after placing of the concrete, unless an earlier opening is authorized by the Engineer. (E) TEST SPECIMENS AND QUALITY CONTROL: During the progress of the work, the Engineer will cast cylinders for testing to maintain a check on the compressive strength of the concrete actually being placed. Concrete failing to meet the specifications for materials, proportions, construction methods, strength, or dimensions may be required to be removed and replaced with concrete meeting the specified requirements. Not less than two sets of 2 test cylinders for a compressive strength value will be taken from the concrete for each 450 square yards or less of concrete pavement placed each day one set of 2 for 7-day compressive strength test and the second set of 2 for 28-day compressive strength test. A compressive strength value shall be the average of the strengths of the two cylinders. Dallas County Special Provisions 281 of 448

282 Additional cylinders may be made by the Engineer as required by concrete placing conditions, or for adequately determining the strength of the concrete where the early use of the base or pavement is dependent upon the concrete strength tests. No extra compensation will be paid to the Contractor for materials and labor involved in fulfilling these requirements. The test cylinders shall be tested at the age of 7 days in order to determine the compressive strength. Should the average 7-day compressive strength, as determined by the average of the last 10 compressive strength test cylinders obtained from test of cylinders made from concrete of the same water-cement ratio, fail to meet the strength requirement, the Contractor shall modify the mix design to obtain additional strength. Should any set of test cylinders fail to meet the strength requirements, that area shall be considered to be composed of concrete requiring prove-out by the 28-day compressive test results. The Engineer, at his option, may reject as non-representative any individual compressive strength test in each group of ten where strengths are more than 10 percent above or below the average compressive strength on the basis of the remaining values. If directed by the Engineer, the Contractor shall provide and maintain curing facilities for the purpose of curing concrete test specimens. The cost of all materials used in test specimens and the cost of providing and maintaining curing facilities will not be paid for as a separate pay item, but the costs thereof shall be included in such pay items as are provided. Article CONSTRUCTION; Spreading and Finishing; Surface Texturing is voided and replaced by the following: After completion of the straightedge operation, as soon as construction operations permit, texture shall be applied with 1/8 inch wide metal tines with clear spacing between the tines being not less than 1/4 inch nor more than one inch. If approved by the Engineer in writing, other equipment and methods may be used, provided that a surface texture meeting the specified requirements is obtained. The texture shall be applied transversely. It is the intent that the average texture depth measured by three randomly distributed tests within each day s production be not less than 0.05 inch when tested in accordance with Test Method Tex-436- A. Should the average texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. Article PAYMENT is supplemented by the following: Permanent leave outs will be required as necessary to provide access to medians, driveways and side streets as shown in the plans and/or as directed by the Engineer. The cost for providing these leave outs will not be paid for directly but shall be subsidiary to this item. Dallas County Special Provisions 282 of 448

283 SPECIAL PROVISION TO ITEM 416 DRILLED SHAFT FOUNDATIONS For this Project, Item 416 "DRILLED SHAFT FOUNDATIONS" of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article DESCRIPTION. This Article is hereby supplemented by the addition of the following: Oncor Specification DDS-3 UG shall apply in its entirety to drilled shaft foundations for street lighting. The Oncor specification supersedes the requirements of the Item 416 (TxDOT) specification (or City specification, if applicable), wherever there is conflict between the Oncor specification and the Item 416 (TxDOT) specification (or City specification, if applicable). Any portions of the Item 416 (TxDOT) specification (or City specification, if applicable), that are not covered in the Oncor specification shall still apply to drilled shaft foundations for street lighting. Dallas County Special Provisions 283 of 448

284 SPECIAL PROVISION TO ITEM 420 CONCRETE SUBSTRUCTURES For this project, Item 420, " CONCRETE SUBSTRUCTURES", of the Standard Specifications, is hereby amended with respect to the clause cited below and no other clauses or requirements of this item are waived or changed hereby. Article CONSTRUCTION; Placing Temperature is supplemented by the following The maximum temperature of cast-in-place concrete in bridge slabs and top slabs of direct traffic structures shall not exceed 85 degrees Fahrenheit when placed. Concrete diaphragms, parapets, concrete portions of railing, curbs and sidewalks, unless monolithically placed with the slab, will not be subject to the above maximum. For all other portions of structures, the maximum temperature of cast-in-place concrete shall not exceed 95 degrees F. unless permitted otherwise on the Plans. Article CONSTRUCTION, is supplemented by the following After completion of the straightedge operation, as soon as construction operations permit, texture shall be applied with 1/8 inch wide metal tines with clear spacing between the tines being not less than ¼ nor more than one inch. If approved by the Engineer in writing, other equipment and methods may be used, provide that a surface texture meeting the specified requirements is obtained. The texture shall be applied transversely. It is the intent that the average depth measured by three randomly disturbed tests within each day s production be not less than 0.05 inch when tested in accordance with Test method Tex-436-A. Should the average texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. Dallas County Special Provisions 284 of 448

285 SPECIAL PROVISION TO ITEM 462 CONCRETE BOX CULVERTS AND STORM DRAINS For this Project, Item 462, "CONCRETE BOX CULVERTS AND STORM DRAINS", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article CONSTRUCTION; Excavation, Shaping, Bedding and Backfill. This article is appended as follows: The requirements for bedding for precast box sections per Article B Shaping and Bedding is deleted and replaced with the following requirements: Construct a 4-inch thick bed using material that conforms to TxDOT Item 247, Grade 1, Type D. The width of bedding material shall be equal to the width of the box (span + wall thickness). Compact the bedding material. Install a 2-inch sand leveling course atop the bedding layer. This work is subsidiary to Item 462. Dallas County Special Provisions 285 of 448

286 SPECIAL PROVISION TO ITEM 464 REINFORCED CONCRETE PIPE For this Project, Item 464, "REINFORCED CONCRETE PIPE", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article CONSTRUCTION; Excavation, Shaping, Bedding and Backfill. The third sentence of Article Shaping and Bedding is deleted and replaced with the following requirements: Use Class B bedding or the City s bedding standard for concrete pipe, whichever is more prohibitive. Article CONSTRUCTION; Jointing; Joints Using Pre-Formed Flexible Joint Sealants. The second sentence of this paragraph is deleted and replaced by the following: Both ends of the pipe shall be clean and dry and shall be coated with suitable primer compatible with joint sealing compound recommended by the manufacturer. ARTICLE MEASUREMENT. The last paragraph of this article is deleted and not replaced. Article PAYMENT. The first paragraph is voided and replaced by the following and the second paragraph is deleted in its entirety: Payment for pipe sewers, measured as prescribed above, will be made at the unit price bid per linear foot for the various sizes of Reinforced Concrete Pipe, of the type shown on the plans, complete in place, including excavation, shaping, bedding and backfill. As shown on the plans, where the pipe slopes are greater than 10 percent, flowable backfill is required and will be paid for in accordance with Item 401, FLOWABLE BACKFILL. Dallas County Special Provisions 286 of 448

287 SPECIAL PROVISION TO ITEM 465 MANHOLES AND INLETS For this project, Item 465, "MANHOLES AND INLETS", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this specification are waived or changed hereby. Article MATERIALS; Other Materials. This Article is supplemented with the following: Cast iron for supports and inlet units shall conform to the shape and dimensions shown on the plans. The castings shall be clean and perfect, free from sand or blow holes, or other defects. Cast iron castings shall conform to the requirements of Gray Iron Casting ASTM Designation: A48, Class 30. Steps may be either cast iron conforming to the requirements of Gray Iron Castings ASTM Designation: A48, Class 30 or aluminum conforming to the requirements of ASTM Designation: B211, Alloy 6005-T5. Article MEASURMENT. This Article is supplemented by the following: Excavation and backfill and frames, grates, rings and covers will not be measured for payment, but will be considered subsidiary to the various items. Article PAYMENT. This article is void and replaced by the following: Payment as provided under the methods above shall be full compensation for furnishing all concrete, reinforcing steel, brick, mortar, castings, frames, grates, rings and covers, and for all other materials, tool, equipment and incidentals required to perform the applicable work described above. Dallas County Special Provisions 287 of 448

288 SPECIAL PROVISION TO ITEM 471 FRAMES, GRATES, RINGS AND COVERS For this project, Item 471, FRAMES, GRATES, RINGS AND COVERS", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this specification are waived or changed hereby. Article MEASURMENT and Article PAYMENT, are hereby deleted and replaced by the following: Article MEASUREMENT AND PAYMENT: No separate payment will be made for the work described herein, but the cost thereof shall be included in the unit price for the related items of the contract. Dallas County Special Provisions 288 of 448

289 SPECIAL PROVISION TO ITEM 500 MOBILIZATION For this project, Item 500, "MOBILIZATION", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this specification are waived or changed hereby. Article DESCRIPTION: This article is supplemented by the following: This Item shall consist of the mobilization necessary to construct Paving and Drainage contract items only Article MEASUREMENT: This article is voided in its entirety and replaced by the following: Measurement of the Item, Mobilization, as specified herein will be by the "Lump Sum" as the work on Paving and Drainage items only progress. Article PAYMENT: This article is voided in its entirety and replaced by the following: Partial payments of the "Lump Sum" bid for mobilization will be as follows. The adjusted contract amount for construction items as used below is defined as the contract amount (including any change orders approved at the time a request for partial mobilization payment is made) of all Paving and Drainage Work items less the lump sum bid for Item 500, "Mobilization", Item 504, Field Office and Item 502 Barricades, Signs and Traffic Handling. The Lump Sum bid for this item shall not include any cost or sum for mobilization of Work on Water and Sanitary Sewer items. Those costs shall be included in the unit price bid for Water and Sanitary Sewer Work items. Otherwise, the bids will be considered unbalanced and a cause for consideration of rejection. Partial payments for mobilization will be made in accordance with the following schedule up to a maximum of 10 percent of the adjusted contract amount. (1) When 10 percent of the adjusted contract amount for paving and drainage construction items is earned, payment for 50 percent of the lump sum for "Mobilization" will be made. (2) Upon completion of 25 percent of paving and drainage work under this contract, payment for 75 percent of the lump sum bid for "Mobilization" will be made. (3) Upon completion of 50 percent of all paving and drainage work under this contract, payment for the remainder of the lump sum bid for "Mobilization" will be made. Dallas County Special Provisions 289 of 448

290 SPECIAL PROVISION TO ITEM 502 BARRICADES, SIGNS, AND TRAFFIC HANDLING For this Project, Item 502, "BARRICADES, SIGNS, AND TRAFFIC HANDLING", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article CONSTRUCTION: The first paragraph is supplemented by the following: High intensity grade reflective sheeting shall be used on all signs and barricades on this project in accordance with TxDOT specification DMS The Contractor s Traffic Control Plan (TCP) shall be submitted to the Engineer for approval a minimum of ten days prior to beginning work. The TCP will be coordinated with the approved schedule and sequence of construction. No work shall begin until the TCP is approved by the Engineer. Prior to beginning work, the contractor shall designate, in writing, a competent person who will be responsible and available on the project site to ensure compliance with the TCP. The Engineer or his representative will have the authority to assure compliance with the MUTCD and TCP. Article MEASUREMENT: This article is voided in its entirety and replaced by the following: Barricades, Signs and Traffic Handling will be measured by the month or fraction of a month. Time for beginning measurement for payment shall begin upon the effective date of the Notice to Proceed provided signs and barricades are in place or upon the date that signs and barricades are complete in place following the effective date of the Notice to Proceed. Measurement for payment shall end upon the date of completion of the final inspection unless the Contractor has been previously authorized to remove the signs and barricades, in which case measurement shall cease on the date of such authorization. Article PAYMENT: This article is voided in its entirety and replaced by the following: The work performed and materials furnished in accordance with this item and measured as provided under MEASUREMENT will be paid for at the unit bid price for Barricades, Signs and Traffic Handling. This price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor (including flaggers), tools, and incidentals, including but not limited to signs and barricades including the proper application and removal of temporary (construction) markings, signs and barricades. Dallas County Special Provisions 290 of 448

291 SPECIAL PROVISION TO ITEM 504 FIELD OFFICE AND LABORATORY For this project, Item 504, "FIELD OFFICE AND LABORATORY", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this specification are waived or changed hereby. Article EQUIPMENT; General: The first, second and third paragraphs of this article are voided in their entirety and replaced by the following: The building shall be provided, operational, on the job site as soon as possible after the contract is executed, prior to commencement of any work. It shall remain in place until the project is accepted by the County as complete, unless its earlier removal is authorized by the Engineer. It shall be located near the Contractor's work area, within the project limits and adjacent to the project, at a location acceptable to the Engineer. Where this is not practical, the Contractor shall identify a location within a 0.5-mile radius of the project site. It shall be an independent unit, detached from any office, storage, or warehouse building occupied by the Contractor and shall be at least 50 feet from any such Contractor's facilities. This building shall be for the sole use of the Engineer and inspecting force. Should the building be destroyed or damaged in any manner, except through the negligence of the occupying engineering/inspection force, the Contractor shall immediately restore it to its original state. Upon completion of the project, the building will become the property of the Contractor and shall be removed from the project site by the Contractor. Article EQUIPMENT; Buildings; Laboratory. This Article is hereby voided and not replaced. Article EQUIPMENT; Field Office and Laboratory Appurtenances. This Article is hereby voided and not replaced. Article STRUCTURE TYPES; Type A Structure (Field Laboratory). This Article is hereby voided in its entirety and not replaced. Article STRUCTURE TYPES; Type B Structure (Field Office and Laboratory). This Article is hereby voided in its entirety and not replaced. Article STRUCTURE TYPES; Type D Structure (Asphalt Mix Control Laboratory). This Article is hereby voided in its entirety and not replaced. Article STRUCTURE TYPES; Asphalt Content by Ignition Method. This Article is hereby voided in its entirety and not replaced. Dallas County Special Provisions 291 of 448

292 Article STRUCTURE TYPES; Type E Structure. This Article is hereby voided in its entirety and not replaced. Article STRUCTURE TYPES; Type C Structure (Field Office). This Article is hereby supplemented by the following: The structure shall have or be built to at least the following standards or as approved by the Engineer. The field office shall not be less than 12' x 56' x 8' high with four completely weather stripped glass windows (one in each wall) and one completely weather stripped exterior door. The walls shall be insulated. The field office shall be furnished with a unit for heating and cooling of sufficient capacity for maintaining suitable office temperatures. It shall have sufficient fluorescent ceiling lights, suitable number of 120 VAC duplex wall receptacles and telephone jacks for two separate telephone lines. The building shall be serviced with sewer or septic tank with connections and shall contain a restroom properly partitioned and furnished with, as a minimum, a flush toilet with adequate ventilation and a lavatory. The office shall be provided with: 2 desks, 5 ft [L] x 2.5 ft [D], minimum dimensions 2 desk chairs 72 x 32 plan table 2 96 x30 folding tables 8 folding chairs 1 file cabinet with four drawers 2 waste baskets Freestanding cold drinking water dispenser. Replenish water supply for duration of project Ancillary supplies that support the functionality of the field office including, but not limited to: cleaning supplies, toilet seat covers, latex gloves, printer paper, broom, mop, trash bags, printer ink, paper towels, toilet paper, hand soap. The Contractor is responsible for replenishing all supplies for the duration of the project. Freestanding, weatherproof bulletin board The area outside the building will be kept clean and maintained by the Contractor as required by the Engineer. Suitable outside steps, with porch and railing, size to be directed by the Engineer, shoe sole cleaning scraper, concrete or gravel walk (depending upon the site conditions), an accurate outside hi-low thermometer, rain gauge, adequate outside trash containers with covers shall be provided. An outside light shall be provided to light the field office area at night. Should vandalism or theft become a problem, the Contractor shall provide suitable security surveillance and area fencing or both to insure the safety of the field office and its contents. The field office shall include: All-in-one color printer/copy/fax/scan device, with these capabilities: Laser-print quality Dallas County Special Provisions 292 of 448

293 LAPTOP COMPUTER Ability to print, scan and copy 11 x17 and 8.5 x11 sheets Two-sided print and copy capability Automatic document feeder Wireless printing capability High speed internet service, with wireless gateway. 10 Mbps (minimum) internet speed adequate for typical internet usage for up to 4 people in a business setting, such as browsing and s. Where high speed internet service is not available, provide two (2) mobile hotspot devices along with high speed internet service for both hotspot devices. Two (2) Wireless cellular phone with service plan that includes a minimum 1000 minutes per month (peak hours), unlimited text messaging, AC charger and car charger. Digital camera (minimum specs 10 megapixel resolution, 5x optical zoom, 2-inch LCD screen, memory card slot, 4 GB SD/SDHC memory card, USB connector and cable, rechargeable lithium-ion battery compatibility with battery included) Two (2) laptop computers Two (2) Apple ipad Air 2 tablet computers or the most current ipad version available on the market at the time of the pre-construction meeting (excluding ipad mini) PowerPoint wireless presenter with laser pointer ($50 maximum value; Engineer s approval of proposed device required prior to purchase) The Contractor shall provide both hardware and software for two (2) laptop computers to adequately keep project records and process monthly pay estimates. The laptop computers shall conform to the (minimum) software and hardware requirements provided below. Software Requirements The following software (new license) shall be installed and in good operating order: 1. Microsoft Windows 7 Professional (preferred) or Windows 10 Professional, 64-bit OS 2. Adobe Acrobat Reader 3. Microsoft Office Professional Microsoft Internet Explorer and Google Chrome 5. Kaspersky Internet security and virus protection software (maintain subscription for duration of project) Hardware Requirements LCD display 2. Intel Core 4 th generation i5 processor 3. 4 GB, DDR3 memory GB, 5400 RPM hard drive 5. Intel HD Graphics video card 6. DVD/CD burner, supporting DVD+R/RW, DVD-R/RW and CD-R/RW formats 7. Wireless r/g/b (WLAN and Bluetooth); network adapter supporting at least WPA- PSK and WPA-PSK2 security 8. Keyboard with 104 keys (key count includes a dedicated Windows key plus a dedicated numeric keypad) Dallas County Special Provisions 293 of 448

294 9. Pressure-sensitive touchpad with multi-touch gesture support and on/off button in-1 integrated media card reader (including SD, SDHC, SDXC) 11. Integrated speaker 12. Cable-lock (anti-theft) slot 13. Ports: a. External Video (DVI and/or VGA Mini D-sub 15 pin) b. Headphone/Speaker Mini-jack Stereo c. Microphone/Line-in Mini-jack d. USB 2.0 (minimum of 3 ports) e. 10/100/1000 Ethernet RJ-45 f. SD memory card reader slot g. HDMI output cell lithium-ion battery 15. AC adapter 16. Weight less than 8 pounds 17. Carrying case 18. Wireless optical mouse TABLET COMPUTER The Contractor shall provide two (2) new, unused ipad Air 2 tablets, accessories and cellular network service for each tablet that meets the following minimum specifications: Software & Hardware GB storage capacity 2. Apple operating system (ios) inch display screen (diagonal measurement) 4. Bluetooth 4.0 wireless capability 5. Wi-Fi ( a/b/g/n) and cellular network capability p high definition video recording MP (minimum) rear-facing camera mm headphone minijack 9. Built-in speaker and microphone 10. Tablet must be capable of displaying the following document types: - Images:.jpg,.tiff,.gif,.png - Microsoft Word:.doc and.docx - Web pages:.htm and.html - Adobe Acrobat:.pdf - Microsoft PowerPoint:.ppt and.pptx - Text:.txt and.rtf - Microsoft Excel:.xls and.xlsx - Video:.mpg,.avi,.mov,.mp4, wmv, and.wma Accessories 1. Power adapter for wall outlet and PC charging (must be original manufacturer equipment, OEM) 2. Otter Box Defender Series protective case with screen protector and stand (compatible with ipad Air 2) -or- ZAGG Rugged Book Case with detachable magnetic-hinged Dallas County Special Provisions 294 of 448

295 keyboard (compatible with ipad Air 2) (Owner s choice) 3. Stylus pen (compatible with ipad Air 2) Cellular Network Service and Data Plan for Tablet 1. Provide 4G cellular network service with a carrier that provides broad, reliable coverage over Dallas County, including coverage within a 3-mile radius of the project. Assessment of broad, reliable coverage will be determined by the Engineer Mbps average download speed for 4G service 3. Service plan must include a minimum 10 GB of data per month per tablet 4. $100 (maximum) allowance for purchase of productivity application software (Apps) through pre-paid cards upon request by the Engineer Miscellaneous 1. Provide a device protection plan for each ipad that covers the device for loss, theft, damage or out of warranty issues. 2. If mobile hotspots are provided for the field office in lieu of internet service (with wireless gateway), the cellular network service for the ipads shall be integrated into the mobile hotspot data plan in such a way to maximize cost savings to the Owner. 3. Provide BluVue Plans subscription for a minimum of five (5) user accounts. BluVue is a cloud-based system that allows plans to be available via ipads. Maintain the subscription until final acceptance of the Project. UPON FINAL ACCEPTANCE OF THE PROJECT, THE LAPTOP COMPUTERS, TABLET COMPUTERS, PRINTER/FAX/COPY/SCAN MACHINE, CAMERA AND THE CELLULAR PHONE SHALL BE RETURNED TO THE CONTRACTOR. BULLETIN BOARD Erect a freestanding bulletin board (factory or field assembled) with two post mount legs buried a minimum of 3 feet below the ground surface. The height between the ground surface and the bottom of the board must be 4 feet. The board shall meet these additional requirements: Board must be glass enclosed, lockable, weatherproof and watertight with an inside cork surface for mounting posters Board must be conspicuously visible and accessible to the public, workers and any other interested parties at all times. The board location must be approved by the Owner prior to installation. Board must be of a size sufficient to clearly post all legally required federal, state and local posters and notices (including, but not limited to worker compensation, TCEQ site notice, OSHA worker notices, prevailing wage rates) in their entirety. It is the Contractor s responsibility to determine posting requirements and version dates for individual projects. Any County project receiving federal funds may be required to display additional posters, subject to the requirements of the funding source. References to some required notices can be found at the following websites: Texas Department of Transportation: m#b Texas Workforce Commission: Dallas County Special Provisions 295 of 448

296 Maintain the board for the duration of the Project. If damaged or stolen, replacement is the responsibility of the Contractor and is subsidiary to Item 504. Faded or weathered posters and notices must be replaced as often as necessary for the duration of the Project. DRONE VIDEOGRAPHY AND PHOTOGRAPHY Provide drone videography in 1080p high definition at a speed no greater than 60 feet per second. Provide drone still photographs with minimum 20 MP high resolution camera sensor. The altitude for drone videography and photography shall not exceed 400 feet. Drone videography and photography shall be provided simultaneously no more than five (5) times during project construction. The Engineer will determine when drone videography and photography will be taken. With each request for drone services, the Engineer will determine the scope of videography as well as the number of pictures to be taken and the corresponding locations. Upon finalizing the scope of each request for drone service, the Contractor shall complete the requested services within five (5) business days. Supply the Engineer with the images and videos in formats compatible with Windows operating system. Article MEASUREMENT AND PAYMENT. This Article is voided and replaced by the following: Field Office will be measured by the unit of measure "month" or the fraction of a month. Measurement for payment shall begin upon the effective date of the "Notice to Proceed" provided the Field Office is complete in place with all utilities and other specification requirements installed and operating. Otherwise, measurement will begin following the effective date of the "Notice to Proceed" when the Field Office, complete with all utilities and specification requirements, is installed. Measurement of this item for payment shall end upon the date of final acceptance unless otherwise authorized by the Engineer. The work and materials prescribed by this item measured as provided under "Measurement" will be paid at the unit price bid for "Field Office". This price shall be full compensation for furnishing all labor, materials, supplies, furniture, equipment, utilities and utility services, phone and internet services, and incidentals necessary to complete the work as specified. Dallas County Special Provisions 296 of 448

297 SPECIAL PROVISION TO ITEM 531 SIDEWALKS For this Project, Item 531, "SIDEWALKS" of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article PAYMENT. This Article is appended as follows: Sidewalk lug or curb dowels will not be paid directly but will be subsidiary to item SIDEWALKS. Dallas County Special Provisions 297 of 448

298 SPECIAL PROVISION TO ITEM 618 CONDUIT For this Project, Item 618 "CONDUIT" of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article DESCRIPTION. This Article is hereby supplemented by the addition of the following: Oncor Specification DDS-3 UG shall apply in its entirety to conduit installations for street lighting. The Oncor specification supersedes the requirements of the Item 618 (TxDOT) specification (or City specification, if applicable), wherever there is conflict between the Oncor specification and the Item 618 (TxDOT) specification (or City specification, if applicable). Any portions of the Item 618 (TxDOT) specification (or City specification, if applicable), that are not covered in the Oncor specification shall still apply to conduit for street lighting. Roadway lighting conduits shall be provided in the sizes and types indicated as shown on the Plans. All conduits are required to have nylon pull string or rope, which is considered subsidiary to Item 618. Conduit expansion joint fittings shall provide for a minimum of 8 inches of total movement and shall be equal to O.Z./Gedney's Type EX with Type BJ bonding jumper. Article PAYMENT. This Article is appended as follows: The price for conduit is full compensation for furnishing and installing bends. Dallas County Special Provisions 298 of 448

299 SPECIAL PROVISION TO ITEM 624 GROUND BOXES For this Project, Item 624 "GROUND BOXES" of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article DESCRIPTION. This Article is hereby supplemented by the addition of the following: Oncor Specification DDS-3 UG shall apply in its entirety to ground boxes for street lighting. The Oncor specification supersedes the requirements of the Item 624 (TxDOT) specification (or City specification, if applicable), wherever there is conflict between the Oncor specification and the Item 624 (TxDOT) specification (or City specification, if applicable). Any portions of the Item 624 (TxDOT) specification (or City specification, if applicable), that are not covered in the Oncor specification shall still apply to ground boxes for street lighting. Dallas County Special Provisions 299 of 448

300 SPECIAL PROVISION TO ITEM 666 RETROREFLECTORIZED PAVEMENT MARKINGS For this Project, Item 666, "RETROREFLECTORIZED PAVEMENT MARKINGS", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item are waived or changed hereby. Article PAYMENT. The second paragraph is deleted and replaced by the following: Surface preparation of new and old concrete and asphalt concrete pavements, will not be paid for directly but is subsidiary to this Item. Removal of existing pavement markings will not be paid for separately but will be subsidiary to Item 666 Retroreflectorized Pavement Markings. Dallas County Special Provisions 300 of 448

301 SPECIAL PROVISION TO ITEM 672 RAISED PAVEMENT MARKERS For this project, Item 672, "RAISED PAVEMENT MARKERS", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this specification are waived or changed hereby. Article MATERIALS. This Article is hereby supplemented with the addition of the following types of raised pavement markers: Type I W-C. Type I W-C shall contain an approach face that reflects white light. The body, other than the reflective face, shall be white. Type I Y-Y. Type I Y-Y shall contain an approach face that reflects yellow light. The body, other than the reflective face, shall be yellow. Type II W-C/R. Type II W-C/R shall contain two reflective faces, an approach face which shall reflect white light and a trailing face which shall reflect red light. The body, other than the reflective faces, shall be white. Type II Y-Y. Type II Y-Y shall contain two reflective faces, an approach face which shall reflect yellow light and a trailing face which shall reflect yellow light. The body, other than the reflective faces, shall be yellow. Dallas County Special Provisions 301 of 448

302 THIS PAGE INTENTIONALLY LEFT BLANK. 302 of 448

303 SPECIAL SPECIFICATIONS DALLAS COUNTY 303 of 448

304 THIS PAGE INTENTIONALLY LEFT BLANK. 304 of 448

305 SPECIAL SPECIFICATION ITEM 599 PARTNERING WORKSHOP 1. PARTNERING The intent of this section is to promote an environment of trust, mutual respect, integrity, and fair-dealing between the Department and the Contractor Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering is mutually agreed to in lieu of the informal partnering Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to the Engineer Internal Facilitators. A Department or Contractor staff member may be selected as the facilitator at no additional cost to either party External Facilitators. A private firm or individual that is independent of the Contractor and the Department may be selected as the facilitator. Submit the facilitator s name and estimated fees for approval before contracting with the facilitator Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances including but not limited to audio or visual equipment. Make all meeting arrangements for formal partnering. Use Department facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Department will invite and provide a list of attendees that includes but is not limited to Department, City, County, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. 305 of 448

306 Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, including but not limited to meals, travel, and lodging. Department facilitators may be used at no additional cost. For formal partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Department but used at the Contractor s option, the Contractor will be responsible for all costs of the external facilitator. For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. 306 of 448

307 SPECIAL SPECIFICATION ITEM 6340 PROJECT SIGN 1. DESCRIPTION. This item shall govern for all materials and work necessary for the installation of the project sign. Two (2) Project Identification signs shall be furnished and installed by the Contractor. The location of the signs shall be determined by the Engineer and shall be visible to vehicular traffic where applicable and approved by the City and the County. 2. MATERIALS. a) Sign Panel - The sign panel shall be ½ inch laminated duolox masonite or ½ inch marine plywood. The sign panel shall be 1-piece construction for 4-ft by 8-ft or smaller signs. b) Frame- The frame shall be constructed from 2 inch by 4 inch stock. c) Post- The post shall be 4 inch by 6 inch lumber. d) Paint- The paint shall be exterior type. 3. CONSTRUCTION. The sign shall be constructed and painted as indicated by the project sign detail sheet on the following page. The Contractor shall submit a proof of the sign for approval by the Engineer prior to fabrication. 4. MEASUREMENT. This item will be measured as each project sign assembly complete in place. 5. PAYMENT. The work performed and materials furnished in accordance with this Item and measured as provided under Measurement will not be paid directly but will be considered subsidiary to the contract. SPECIAL SPECIFICATIONS 307 of 448

308 SIGN SPECIFICATIONS DALLAS COUNTY PUBLIC WORKS 4" 6" PARTNERING WITH THE CITY OF 3" 4" SACHSE 4" 5" SACHSE ROAD IMPROVEMENTS 3.5" 4.5" PROJECT - MCIP PROJECT " 4" 4'-0" 1" 1.5" 1 DALLAS COUNTY JUDGE CLAY LEWIS JENKINS 3" 4" DALLAS COUNTY COMMISSIONERS 3" 4" DIST. NO. 1 - DR. THERESA M. DANIEL DIST. NO. 3 - JOHN WILEY PRICE 3" 4" DIST. NO. 2 - J.J. Koch DIST. NO. 4 - DR. ELBA GARCIA 3" 4" (JOHN DOE COMPANY... GENERAL CONTRACTOR) 3" 4" DALLAS COUNTY TEL. NO " T G I I 8'-0" 3" 8'-0" H G N C PROJECT SIGN DETAIL E T E R H E A P S T 2'-8" 2'-8" 8'-0" 2'-8" NOTES: 1. LETTERING - HELVETICA REGULAR 2 1/2", 3", 3 1/2" AND 4" SIZES. USE PREMANUFACTURED 4'-0" VINYL, DARK BLUE. L 2. USE BOLD LETTERING 3" HIGH AND SPACE APART FOR COMMISSIONERS NAMES AND 2'-0" DISTRICT NUMBERS. 3. SIGN PANEL SHALL BE 1/2" LAMINATED 1'-6" MIN. DUOLOX MASONITE OR 1/2" PLYWOOD. 4. FRAME SHALL BE 2" x 4" STOCK. 5. POST SHALL BE 4" X 6" TREATED LUMBER. SIGN FRAME DETAIL N.T.S. 6. PAINT SHALL BE: FRAME TO BE PAINTED" WHITE". PAINT BACKGROUND OF SIGN "WHITE". PAINT MESSAGE OF SIGN "BLUE". ALL PAINT TO BE "EXTERIOR TYPE". 7. 6" SIDE SHALL BE PARALLEL TO ROADWAY. 308 of 448

309 SPECIAL SPECIFICATION ITEM 7000 GUIDANCE FOR DOCUMENTING CONTRACTOR PERFORMANCE EVALUATIONS 1. There are several reasons for documenting the performance of a construction contractor: to establish a written case for possible future termination; to document possible justification for exclusion from future County project considerations; and for use as a tool to urge the contractor to perform up to the contract standard. In order to develop adequate documentation for performance appraisals, it is suggested that the following general guidelines be used to evaluate a contractor's performance with respect to each rated element. a. Quality of Work (Contractor Quality Control (CQC)): i. Inadequate control ii. Failure to perform necessary testing iii. Failure to implement 3-phase inspection process iv. Inadequate or incomplete CQC documentation v. Failure to identify, and correct deficient work vi. Inadequate reviews of materials and shop drawings vii. Incorporation of unspecified materials To back up any proposed unsatisfactory rating, the Remarks Section in Part III of the Performance Evaluation form must contain detailed comments, based on back-up material and with specific instances of deficiencies, as appropriate. b. Timely Performance: i. Is the contractor completing the construction activities in a timely manner? This includes administrative activities as well as physical construction activities. ii. Did the contractor adequately schedule the work? iii. Has the contractor met administrative milestone dates? iv. Has the contractor met physical milestone dates specified by contract or agreed to in the project schedule? v. If the schedule has slipped through the contractor's fault or negligence, has he taken appropriate corrective action of his own volition? vi. Has the contractor furnished updated project schedules on a timely basis? 309 of 448

310 c. Effectiveness of Management: i. Are the contractor's on-site and home office management personnel exhibiting the capacity to adequately plan, schedule, resource, organize and otherwise manage the work? If not, describe and relate to other rated elements. ii. Is the contractor making a good faith effort to comply with the subcontracting plan? d. Compliance with Labor Standards: i. Has the contractor complied with all required labor standards and provisions? ii. Have necessary corrective actions been made without significant County interventions? iii. Are payroll records being submitted in a complete and timely manner? iv. Is the contractor complying with affirmative action and EEO compliance requirements? e. Compliance with Safety Standards: i. Has the contractor implemented an effective safety program; one which minimizes/mitigates potential accidents? ii. Has the contractor provided appropriate personnel protective equipment and associated necessary training? iii. Has the contractor taken necessary corrective actions when safety deficiencies are noted or are violations only corrected after significant County intervention? f. Performance Evaluation Form Preparation: i. The telephone number of the Project Manager or other evaluator who prepares the report should be on the form. ii. A notation of the Project Manager or appropriate evaluator is required on each form. iii. A notation of Interim report, or Subcontractor should be clearly displayed at the top of the form, if applicable. iv. The signature of the Project Engineer or appropriate evaluator is required on each form. The above questions are not intended to be all inclusive, but should provide a point of departure to develop additional questions and responses which will result in the preparation of a well-documented performance evaluation. 310 of 448

311 CONSTRUCTION CONTRACTOR PERFORMANCE EVALUATION 1. PURPOSE To establish a policy and procedures for evaluating construction contractor performance. 2. APPLICABILITY The policy and procedures set forth herein will be applied by the Dallas County Department of Public Works to all contracts that include expenditure of County funds for direct construction costs regardless of the responsibility for construction management/oversight. 3. PROCEDURES (a) Project managers in the Engineering and Construction Division of the Department of Public Works will collaborate with the Dallas County Construction Inspector throughout the construction period to evaluate the Contractor's performance and prepare a performance evaluation report on the prescribed form(s) accompanying this document. (b) The final performance evaluation report shall be prepared within 60 days of substantial completion of the work, or at the time of contract termination. (c) An interim performance evaluation report shall be prepared for contracts underway when a Contractor's performance is generally unsatisfactory for any element for a period of three months or longer, or as appropriate. (d) Pre-award Responsibility Determinations. Previous performance evaluations of construction contractors will be used in making responsibility determinations. Before selecting qualified responsible contractors for future awards, the Project Manager must retrieve all performance evaluations on file pertaining to the prospective awardee's and make a determination of responsibility regarding the contractor's previous performance on County contracts. Particular attention should be given interim unsatisfactory evaluations whenever a final evaluation is not yet available. 4. IMPLEMENTATION (a) The first step in evaluating Contractor's performance is notifying the Contractor at the preconstruction conference of the performance elements against which his performance will be evaluated. This notification is documented in the contract file. The contractor should be informed as to what constitutes satisfactory and unsatisfactory performance during the life of the contract, and that the Project Manager and Inspector intend to use performance evaluations to document contract performance. Documentation to support the evaluation should be collected throughout the course of the contract. (b) Interim Performance Evaluation Reports (1) An interim performance evaluation report must be initiated when a contractor's performance is unsatisfactory on one or more elements for a period of three months or longer, or when circumstances dictate as noted in paragraph b(3) below. When unsatisfactory performance is noted, the contractor will be called into a conference to discuss problem areas and their resolution. A Memorandum for Record (MFR) of the meeting will be prepared. The contractor will be advised that performance must improve within 30 days or within a reasonable period. During this period, the Project Manager and Inspector will closely monitor problem areas. If no material improvement is noted, a letter will be sent to the contractor as notification of intent to issue an interim unsatisfactory performance rating. The letter will address previous meetings and 311 of 448

312 identify the facts on which the interim unsatisfactory rating is based. A copy of this correspondence will be forwarded to the contractor's bonding company. NOTE: The Director of Public Works should be kept personally aware of the status of the contract.) It is mandatory that the contractor be given the opportunity to meet with the Project Manager and/or Director of Public Works prior to issuance of the unsatisfactory rating. (2) The contractor will be allowed at least 14 days to respond in writing to the notification of intent letter. At the end of the specified time period, if there is no response or evidence of substantially improved performance, the interim unsatisfactory rating will be issued in a report prepared by the Inspector or Project Engineer. Once again, the contractor's bonding company will be notified of the actions taken. If the contractor responds within the allotted time frame, all written comments will be included in the report. If not, a comment regarding the contractor's lack of response will be included in the evaluation. Should the contractor respond to the "letter of intent" within the allotted time frame, any written comments made by the contractor will be included in the report and factual discrepancies alleged shall be discussed, resolved, if possible, and made a part of the report. Changes in the report may be made, if appropriate. (3) As stated in paragraph 4(b)(1) above the normal time frame for initiation of an interim unsatisfactory performance evaluation usually occurs after three months of unsatisfactory performance. However, in circumstances involving a critical feature of the work that the contractor must perform satisfactorily and does not, or if the project is of a short duration, an unsatisfactory rating for poor performance may be issued without waiting for the end of the three month evaluation period. (c) (4) Interim unsatisfactory ratings alert contractors of their shortcomings and serve as a valuable tool in energizing them to improve their performance, correct deficiencies, and avoid a final unsatisfactory rating. After the issuance of an interim unsatisfactory rating, the Project Manager and Inspector must continue to monitor the contractor's performance and to document performance improvement. Documents should be in the form of a memoranda of meetings, letters to the contractor, quality assurance reports, photographs, etc. The Project Manger and Inspector will re-evaluate the interim unsatisfactory rating every three months until the contract is complete. The re-evaluation should include the reasons why it is in the County's best interests to allow the contractor to continue performance of the contract. A new evaluation is not required if the unsatisfactory performance continues for additional periods, although the files should continue to be fully documented. However, should the contractor's performance on any performance evaluation element change, the original interim rating may be amended with a 'written addendum which reflects the changes. This written amendment should become a part of the original contract file. Final Implementation Evaluation Reports (1) Within 60 days of substantial completion of the work (as determined jointly by the Project Manager and Inspector) a Performance Evaluation Form must be prepared. Final evaluation performance reports are processed in the same manner as described above, except that the 30-day review period stipulated is only applicable to interim unsatisfactory evaluation reports. The original performance evaluation report for each contract is to be retained in the contract file for a minimum of three years after the date of the report. The Project Manager is usually the evaluator who prepares the report, and each performance report shall be reviewed for accuracy and fairness by an individual having knowledge of the contractor's performance at a supervisory level above that of the evaluator. 312 of 448

313 (2) If the evaluator concludes that a contractor's overall performance was unsatisfactory, the contractor shall be advised in writing that a report of unsatisfactory performance is being prepared and the basis for the report. The contractor must be afforded the opportunity to submit written comments, which should be addressed and included in the report. There are no rigid rules governing the number of items of a performance evaluation that must be unsatisfactory before an overall unsatisfactory rating is issued. Unsatisfactory performance on one or more of the elements to be rated may be sufficient to justify an overall unsatisfactory rating. Final unsatisfactory ratings should not be a surprise to the contractor since interim notification of the contractor's deficiencies should be fully documented during the course of the contract, and it is mandatory that the contractor be given the opportunity to meet with the Project Manager and/or Director of Public Works prior to issuance of the unsatisfactory rating. However, an interim unsatisfactory report is not a prerequisite for issuing a final unsatisfactory rating. Further, the Project Manager and/or Director of Public Works must be satisfied that the justification and documentation supporting an unsatisfactory rating is adequate. Interim and final unsatisfactory performance evaluation reports must be signed by the Project Manger or Director of Public Works. The final performance evaluation report will supersede any previous interim reports. Final unsatisfactory ratings can be amended, if warranted, to reflect changes in the evaluation of performance elements caused by resolution of contractor claims or compliance with warranty requirements~ Amendments to final unsatisfactory reports must be made in 'writing stating why an amendment to the rating is necessary and which elements need to be changed. (3) On job order contracts, a final performance evaluation report should be prepared at the conclusion of the entire contract. (d) Future Exclusion from County Projects Following issuance of a final unsatisfactory performance evaluation report, the Director of Public Works shall promptly make a determination regarding the appropriateness of pursuing exclusion of the contractor from future consideration for work on Dallas County projects based on his record of unsatisfactory performance evaluations. This written determination shall indicate the rationale for seeking or not seeking exclusion. (e) Outstanding Performance Ratings When appropriate, contractors should be recognized for outstanding performance on projects. When submitting an outstanding rating, the evaluator will include a draft letter of appreciation to the contractor with a copy of the evaluation. The Project Manager shall review the draft and have it typed in final form of the Director of Public Works signature. (f) Subcontractor Performance Evaluations Where a subcontractor is known to exert significant influence on or control progress through a special relationship with the prime contractor (as in the case of a subsidiary of an affiliated company), or by virtue of performing a significant portion of the contract, a performance evaluation will be prepared on the subcontractor, in addition to the evaluation report prepared on the prime contractor. Subcontractor evaluations are stored in the same manner as for prime contractors. (g) Contractor Notice A copy of each completed performance evaluation must be formally transmitted to the contractor, regardless of the rating. This action is especially important for contractors who are performing in an unsatisfactory manner. Unsatisfactory contractors should be given a copy of the performance evaluation report as soon as it has been processed and signed by the Director of Public Works. 313 of 448

314 CONTRACTOR PERFORMANCE EVALUATION CONSTRUCTION Type of Evaluation: INTERIM ( )% FINAL AMENDED TERMINATED FOR DEFAULT Project Manager: Sr. Inspector: Project Inspector: Contractor Name: Contractor Phone No: Street Number & Name: City: State: Zip Code: PART I GENERAL CONTRACT DATA Project Name and Limits: Project Number: Project Location: Original Contract Amount: Number of Change Orders To Date: Contract Amt with Modifications: Net Amount Paid (if Final): Liquidated Damages: Bid Open Date: Award Date: Substantial Completion Date: Type of Subcontracting: Bridge Drainage Water and/or Sewer Landscaping Paving Pavement Markings Excavation Other(s) [Specify]: PART II PERFORMANCE EVALUATION OF CONTRACTOR Overall Rating: Outstanding Above Average Satisfactory Marginal Unsatisfactory Evaluator Information Evaluator (Print Name): Evaluator Title: Evaluator s Signature: Organization (if not Dallas County): Date: Management Concurrence (FOR DALLAS COUNTY USE) Evaluation Reviewed By (Print Name): Reviewer s Title: Reviewer s Signature: Date: REFER TO PART III FOR EVALUATION OF PERFORMANCE ELEMENTS 314 of 448

315 PART III-EVALUATION OF PERFORMANCE ELEMENTS N/A=NOT APPLICABLE O=OUTSTANDING A=ABOVE AVERAGE S=SATISFACTORY M=MARGINAL U=UNSATISFACTORY QUALITY CONTROL N/A O A S M U EFFECTIVENESS OF MANAGEMENT N/A O A S M U a. QUALITY OF WORKMANSHIP a. COOPERATION b. ADEQUACY OF THE CQC PLAN c. IMPLEMENTATION OF THE CQC PLAN d. QUALITY OF CQC DOCUMENTATION b. MANAGEMENT OF RESOURCES PERSONNEL c. COORDINATION AND CONTROL OF SUBCONTRACTORS d. ADEQUACY OF SITE CLEAN UP e. STORAGE OF MATERIALS e. EFFECTIVENESS OF JOB SITE SUPERVISION f. ADEQUACY OF MATERIALS f. COMPLIANCE WITH LAWS AND REGULATIONS g. ADEQUACY OF SUBMITTALS g. PROFESSIONAL CONDUCT h. ADEQUACY OF QC TESTING h. REVIEW/RESOLUTION OF SUBCONTRACTORS ISSUES i. ADEQUACY OF AS-BUILTS i. IMPLEMENTATION OF SUBCONTRACTING PLAN j. USE OF SPECIFIC MATERIALS COMPLIANCE WITH LABOR STANDARDS k. IDENTIFICATION/CORRECTION OF DEFICIENT WORK IN A TIMELY MANNER a. ADEQUACY OF INITIAL PROGRESS SCHEDULE b. ADHERENCE TO APPROVED SCHEDULE TIMELY PERFORMANCE a. CORRECTION OF NOTED DEFICIENCIES b. PAYROLLS PROPERLY COMPLETED AND SUBMITTED c. COMPLIANCE WITH LABOR LAWS AND REGULATIONS WITH SPECIFIC ATTENTION TO THE DAVIS-BACON ACT AND EEO REQUIREMENTS c. RESOLUTION OF DELAYS a. ADEQUACY OF SAFETY PLAN d. SUBMISSION OF REQUIRED DOCUMENTATION e. COMPLETION OF PUNCHLIST COMPLIANCE WITH SAFETY STANDARDS b. IMPLEMENTATION OF SAFETY PLAN c. CORRECTION OF NOTED DEFICIENCIES f. SUBMISSION OF UPDATED AND REVISED PROGRESS SCHEDULES g. WARRANTY RESPONSE REMARKS Explanation of unsatisfactory evaluation is required. Other comments are optional. Provide facts concerning specific events or actions to justify the evaluation. These data must be in sufficient detail to assist contracting officers in determining the Contractor s responsibility. Continue on separate sheet(s) if needed. 315 of 448

316 CONTRACTOR EVALUATION OF DALLAS COUNTY Evaluator s Name: Company Name: Street Name and Number: City: State: Zip Code: Phone No: Project Name: Project Limits: Dallas County Project Manager: Dallas County Inspector 1: Dallas County Inspector 2: O=Outstanding A=Above Average S=Satisfactory M=Marginal U=Unsatisfactory N/A=Not Applicable Evaluation Criteria O A S M U N/A Coordination with Contractor Good Project Decisions Fairness in Resolving Issues Concerted Effort to Resolve Issues Meetings Conducted Professionally Timely Advice on Pending/Existing Issues Timely Processing of Invoices Change Orders/Field Modifications Handled Fairly Reasonable Construction Time Knowledgeable about Project Remarks: Evaluator should provide remarks for any criterion measured below satisfactory. Attach additional sheets if necessary. Signature: Title: Date: 316 of 448

317 SPECIAL SPECIFICATION ITEM 8000 CEMENT USE ON PUBLIC PROJECTS-SUSTAINABLE AIR QUALITY Pursuant to Section of the Texas Local Government Code, as amended, the purpose of this Item is to provide a material standard for Portland cement to be purchased or used by the Contractor in connection with the Project. This Item applies to all product or material applications manufactured or mixed with Portland cement, whether the product or material is batched or prepared on or off the Project site, including but not limited to concrete for structural or nonstructural purposes, drywall, mortar for bricks, block, or stone, or other similar uses. It has been determined that Portland cement manufactured by means of a dry kiln process results in substantial reductions in emissions of nitrogen oxides (NOx). In the interest of improving the quality of the air in the Dallas County and throughout the North Texas nonattainment area, the Dallas County determines that it is in the public interest for the Contractor to obtain and use this type of Portland cement during construction of the Project. The Contractor will use during the construction of the Project and include the cost in its price for the base bid, or in the applicable unit prices of the base bid for concrete and other products that utilize Portland cement, only concrete or other products or materials that contain Portland cement manufactured by means of a dry kiln process. For purposes of this paragraph, the term dry kiln process means the process in which the admixture of raw materials used to make Portland cement are mixed or ground into a dry powder for heating in the kiln without the addition of any extraneous water or other liquid material. The Contractor shall also separately itemize in the Bid in the space provided in the Bid sheet, for the information and benefit of the Owner, the price of the concrete or other product that utilizes Portland cement manufactured by means of a dry kiln process. Failure to use Portland cement manufactured through a dry kiln process as required above shall render the bid nonresponsive. As an alternate to the base bid, the Contractor will also be required to state the price (as an addition or a deduction to the base bid price or to the applicable unit prices for concrete and other products that utilize Portland cement) of any products or materials to be furnished that contain Portland cement manufactured by means other than the dry kiln process. An item is contained in the Bid sheet for the alternate. All blanks provided in the bid alternate, along with the statement as to whether the amount is an addition to or a deduction from the base bid, shall be filled in by the Contractor. If the Owner accepts the alternate as part of the award then the paragraph below shall not apply. Nothing in this Subsection shall be construed to require the Owner to accept any alternate submitted. When any load or item of Portland cement, concrete, or other product which contains Portland cement is delivered to the Project site for use, the Contractor shall obtain and present to the Owner a sworn-to certification, using a certification form approved by the Owner, from the Portland cement or concrete manufacturer that the load or item delivered contains no Portland cement other than Portland cement made through a dry kiln process. The Contractor shall also obtain a manifest for each Portland cement or concrete load showing the quantity of Portland 317 of 448

318 cement or concrete delivered and the location of the manufacture of the Portland cement, along with the name of a designated representative of the Portland cement manufacturer for purposes of contact by the Owner if necessary. On a monthly basis or other frequency desired by the Owner, the Contractor shall furnish for inspection by the Owner of a copy of the delivery manifests obtained. The Contractor shall certify in writing that the manifests are true and correct to the best of the Contractor s knowledge. Notwithstanding the manufacturer s certification, the Contractor will be held responsible in the event the Owner discovers that the cement used was not manufactured through a dry kiln process. The Owner reserves the right to pursue any remedies it has under the Contract Documents in the event the Contractor fails to comply with this materials specification, including but not limited to termination of the Contract, adverse evaluation at final completion of the Contract, or debarment from participation in future construction contracts the Owner may advertise or award. The Owner also reserves the right to reject any load or item of Portland cement, concrete, or other product containing Portland cement delivered in the event it is discovered that the Portland cement used in the load or item was not manufactured through a dry kiln process. Preference: Pursuant to Section of the Texas Local Government Code, as amended, the Owner will give a preference to the Bid of a contractor who certifies in the Bid that, in the purchase of concrete or other products using Portland cement in construction of the Project, it is utilizing Portland cement from a manufacturer who manufactures the cement through a dry kiln process that generates average NOx emissions of not greater than 1.7 pounds of NOx per ton of clinker produced, based upon NOx emissions information furnished to the Texas Commission on Environmental Quality for the 12 months prior to the date of the bid opening during which emissions data is available. The preference shall apply only to the extent that the Contractor s bid, as certified, is not greater than 105 percent of the lowest responsible bid of a Contractor who does not or cannot certify that it will utilize Portland cement from a cement kiln meeting the above mentioned emission standard. The Contractor shall also separately itemize in the Bid in the space provided in the Bid sheet, for the information and benefit of the Owner, the price of the concrete or other product that utilizes Portland cement manufactured at a kiln that meets the above-mentioned standards. The Owner reserves the right to pursue any remedies it has under the Contract documents in the event the Contractor falsely certifies to the requirements stated above, including but not limited to termination of the Contract, adverse evaluation at final completion of the Contract, or debarment from participation in future construction contracts the Owner may advertise or award. The Owner also reserves the right to reject any load or item of Portland cement, concrete, or other product containing Portland cement delivered in the event it is discovered that the Portland cement used in the load or item was not manufactured as certified. 318 of 448

319 Technical Special Specifications 319 of 448

320 THIS PAGE INTENTIONALLY LEFT BLANK. 320 of 448

321 321 of 448

322 322 of 448

323 323 of 448

324 324 of 448

325 325 of 448

326 326 of 448

327 327 of 448

328 328 of 448

329 329 of 448

330 THIS PAGE INTENTIONALLY LEFT BLANK. 330 of 448

331 SPECIAL SPECIFICATIONS CITY OF SACHSE INDUSTRIAL LIGHT MANUAL 331 of 448

332 THIS PAGE INTENTIONALLY LEFT BLANK. 332 of 448

333 Bid Items: Lighting Installation Bid Items: COS-0040, COS-0041, COS-0042 Contractor shall provide twelve foot (12 ) tall street light poles and associated fixture. Contractor shall furnish all labor, material, and equipment required to refurbish the existing light poles and fixtures, including: A. Light Poles and Fixtures a. Contractor will have full access to the existing light poles and fixtures upon issuing the Contractor a Notice to Proceed. b. The work shall be performed using materials manufactured by the Tnemec Company, Incorporated, or Owner approved alternate. All work shall be subject to the approval of the Owner. As requested by the Owner, the Contractor shall furnish evidence satisfactory to the Owner that each coat was applied to the thickness specified herein. c. All application procedures shall conform to the published instructions of the paint manufacturer for the material being applied. d. All surfaced to be coated shall be SSPC-P3 power tool cleaned in accordance with the Steel Structures Painting Council s Surface Preparation #3 to remove all loose rust, loose paint, and other foreign matter that may be detrimental to the finish. e. The Contractor shall furnish and apply a primer to all exterior metal surfaces on both the light pole and light fixture. The primer shall be Tnemec Series Poly-ura-prime and shall be applied to provide a minimum dry thickness of 3.0 mils. Finish shall be powder coat black. f. The Contractor shall furnish and apply a finish coat to all exterior metal surfaces on both the light pole and light fixture. The finish coat shall be Tnemec Series B54 B 11 Acrylic Polyurethan3e Enamel and shall be applied to provide a minimum dry thickness of 3.0 mils. Finish shall be black. g. The Contractor shall not use the paint materials beyond their respective pot lives as specified by the paint manufacturer for the application temperatures prevailing. 333 of 448

334 Contractor shall furnish all labor, material, and equipment required to convert existing light fixture to LED using a certified OEM retrofit system, Holophane Granville II LED Retrofit Kit, or Owner approved alternate. A. LED Conversion Kit Performance Specifications a. The LED retrofit for decorative Acorn style luminaires should be a certified OEM retrofit system designed to be compatible for installation in existing Granville luminaires manufactured by Holophane Lighting. b. The LED retrofit should be engineered and tested thermally for operation within the Granville luminaire. c. The LED light source should be composed of a cast finned stalk top plate, (5) LED locations and a top formed reflector engineered to replicate a point source for optimization. The fins cast into the stalk shall provide thermal management for maximum life and output. The LED s should be located on the stalk so as to provide the desired Type V distribution. The reflector should provide reduced uplight and increase coefficient of utilization. The LEDs should be of the Chip on Board: (COB) design with a CCT of 4,000K color temperature, 415 ma driver and deliver a minimum of 6,500 lumens with total watts not to exceed 80. Lumen depreciation at 50,000 hours while operating in a 25/C ambient temperature should not be less than 89%. d. The LED retrofit system should be Holophane part number GVDRETRO 80 4K AS L U 5, or Owner approved equal. Contractor shall furnish all labor, material, and equipment required: twelve foot (12 ) roadway street light poles and fixtures, complete and in place. A. Contractor shall install streetlight poles, bases, and fixtures in accordance with the requirements of the plans, typical drawings, and specifications. B. The Contractor shall install the streetlight poles so that the pole is within two (2) degrees of vertical when loaded with luminaires. C. The Contractor shall ground the pole to the ground rod. D. When tightening bolts, there shall be no gaps between the base plate or transformer base, the shims, and the foundation. All bolts shall be tightened securely. 334 of 448

335 E. The Contractor shall touch up any damage to the finish of the pole, base, and fixture which occurred during installation. Said touch up shall be performed in accordance with the paint manufacturer s recommendations. F. The wiring and connections in the pole bases and transformer bases shall conform to the requirements of typical drawings and specifications. In the event that a connection case arises that is not shown in the typical drawings, the principles implied by the cases shown, shall be adhered to and the connections shall be subject to the approval of the Owner and Engineer. G. The quantity of pole installation work to be paid for shall be the actual number of each type of such installations which has been made under this section. Electrical Service Pedestals for illumination shall be furnished in accordance with National Electric Code Standards and TxDOT Electrical Details ED (4)-03 & ED (5)-03 for construction. 24 Drill Shafts for illumination poles shall be furnished in accordance with details provided on sheet C$ in the plans for construction. A. Concrete to be a minimum of 3,000 PSI (5 sack mix) B. Steel Reinforcement to be as shown in the construction plan details and tables C. Top of foundation to be set at three and a half (3.5) feet above finished grade D. Minimum foundation depth to be seven (7) feet below finished grade E. Concrete form of Sonotube or Owner approved alternate to extend to the4 bottom of trench or as needed F. Top of foundation to be troweled to a flat and level surface G. If soil has been disturbed, extend foundation by depth of disturbed soil H. Concrete to cure for a minimum of seven (7) days prior to pole installation Bores for electrical conduits for illumination shall be completed in accordance with details provided in TxDOT Electrical Details ED (1)-03 for construction. Electrical conductors for illumination shall be furnished in accordance with details provided in TxDOT Electrical Details ED (2)-03 for construction. 335 of 448

336 Ground Boxes shall be furnished in accordance with TxDOT Electrical Details ED (13)-03 for construction. 336 of 448

337 City of Sachse, Texas Street Lighting Improvements SECTIONS General Provisions Conduits Wires and Cables Boxes Grounding Electrical Service Pedestals 337 of 448

338 GENERAL PROVISIONS SECTION PART 1 GENERAL 1.01 SPECIAL NOTES A. These general provisions to the electrical specifications shall be complementary to the Bid Documents and Plans. All conditions imposed by the Bid Documents and Plans shall be applicable to the contractor, or contractors, and subcontractors for all portions of the work under this division. B. Each bidder on any portion of the work under this division shall examine the civil ad electrical plans and specifications and all addenda issued. Failure to comply shall not relieve the bidder of responsibility. The omission of civil details from the electrical drawings shall not be used as a basis for a request for additional compensation EXTENT OF WORK A. The work covered by this division of the specifications comprises the furnishing of all labor, materials, equipment, and services necessary for or incidental to the installation of the complete electrical systems in accordance with the applicable drawings and specifications contained herein, and subject to the terms and conditions of the contract. B. It shall include modifications and extensions of existing systems as required to accommodate the installations of the electrical work MATERIAL DESCRIPTION A. In describing the various items of equipment, in general each item will be described singularly, even though there may be a multiplicity of identical items. Also, where the description is only general in nature, exact sizes, duties, space arrangements and other data shall be determined by reference to plans, details and schedules. 338 of 448

339 B. Equipment called for on the plans and not listed herein shall be provided and installed as though it were fully described herein. C. Equipment called for herein shall be completely provided and installed, whether fully detailed or not on the plans and/or scheduled APPLICABLE CODES AND STANDARDS A. Perform work in accordance with the latest or applicable editions, revisions, amendments or supplements of applicable statutes, ordinances, codes and regulations of federal, state and local authorities having jurisdiction in effect on the date bids are received, including the National Electrical Code, National Electrical Safety Code, and NFPA 99. B. Where approval standards have been established by OSHA, Underwriter s Laboratories, American codes, ASME, AGA, AMCA, ASA, ARI, ANSI, NEC and NESC, these standards shall be followed whether or not indicated on the contract drawings or specifications. Include the cost of all work required to comply with the requirements of these authorities. C. Resolve any code or governing authority conflicts discovered in contract documents with the engineer prior to award of the contract. D. The NECA Standards of Installation as published by the National Electrical Contractors Association, 7315 Wisconsin Ave., N.W., Washington, DC shall be considered a part of these specifications, except as modified by other provisions contained in these specifications. E. In addition to the above, the latest or applicable edition of the applicable industry standards published by the following organizations shall apply: 339 of 448

340 ACI - American Concrete Institute AIA - American Institute of Architects ANSI - American National Standards Institute ASTM - American Society for Testing & Materials CBM - Certified Ballast Manufacturers Association ETL - Electrical Testing Laboratories IEEE - Institute of Electrical & Electronic Engineers IES - Illuminating Engineers Society IPCEA - Insulated Power Cable Engineers Association NBS - National Bureau of Standards NEC - National Electrical Code NECA - National Electrical Contractors Association NEMA - National Electrical Manufacturers Association NESC - National Electrical Safety Code NETA - National Electrical Testing Association NFPA - National Fire Protection Association UL - Underwriter s Laboratories 1.05 INSPECTION OF SITE A. Visit the site and ascertain the conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work. Field verify all dimensions and advise the engineer of discrepancies before performing work. Failure to comply with this shall not constitute grounds for any additional payment in connection with removing or modifying any part of the existing installations and/or installing any new oar temporary work under this division SUBSTITUTIONS AND SPACE ALLOCATIONS A. Comply with the pertinent requirements of Bid Documents and Plans and the applicable following paragraphs of this specification. B. The engineer reserves the right to request samples of any item of material offered in substitution, together with a sample of the specified materials when, in the engineer s opinion, the quality of the material and/or the appearance is involved, and it is deemed that an e 340 of 448

341 valuation of the two materials may be better made by visual inspection. C. Space allocations have been made on the basis of equipment items named by the manufacturer and model number in the schedules or in the specifications. If any equipment is offered which differs substantially in dimension or configuration from the named equipment, provide as a part of the submission, scaled drawings showing that the substitute can be installed in the space available without interfering with other trades or with access for operation and maintenance in the completed project. D. Where substitute equipment requiring different arrangement of connections from those shown on the drawings is accepted by the engineer, install the equipment to operate properly and in harmony with the intent of the drawings ad specifications, making all incidental changes in piping, ductwork or wiring resulting from the selection of equipment without increase in the contract amount. Pay all additional costs incurred by adjoining or connected trades SUBMITTALS A. Comply with the pertinent requirements of Bid Documents and Plans and the applicable following paragraphs of this specification. Submittals include: shop drawings, operating and maintenance manuals, installation drawings for special systems, and project record documents. B. Provide manufacturer s specifications and product data needed to prove compliance with the specified requirements. C. Manufacturer s recommended installation procedures which, when reviewed by the engineer, will become the basis for accepting or rejecting actual installation procedures used on the work. D. Shop drawings shall consist of manufacturer s catalog sheets, fabrication and installation drawings, schematic drawings and other data required to indicate the exact items offered. Exact items 341 of 448

342 including manufacturer and model number shall be highlighted or marked. E. Do not submit detailed quantitative lists of lighting fixtures, wiring devices and similar items. Provide proper sizes and quantities to conform with drawings and specifications. F. Assemble submittals on related items procured from a single manufacturer in brochures or other suitable package form, rather than submitting a multiplicity of loose sheets. G. The contractor shall sign the submittal as an indication of compliance with the contract documents. If there are any deviations from the contract documents, he shall so indicate on the submittal prior to signing. Any deviations not so indicated shall be cause for rejection and removal of the non-complying equipment at the contractor s expense PROTECTION OF APPARATUS A. Take precaution to properly protect apparatus from damage. Include the erection of temporary shelters to adequately protect apparatus stored at the site, the cribbing of apparatus stored at the site with tarpaulins or other protective covering. Failure on the part of the contractor to comply with the above to the satisfaction of the engineer will be sufficient cause for the rejection of the piece(s) of apparatus in question. B. Responsibility for the protection of apparatus extends also to existing apparatus involved in this division of the work, whether such apparatus is designated to be used temporarily and later removed, or is to be reused as a part of the permanent installation. Erect temporary sheltering structures, provide temporary bracing and supports, or cover equipment as required or directed to afford proper protection for that equipment SCHEDULE OF WORK 342 of 448

343 A. Work schedules and completion dates established by the Owner shall be adhered to insofar as possible. Cooperate in establishing these schedules and perform the work under this division to insure meeting scheduled dates and avoid delaying any other contractor EXCAVATION AND BACKFILLING A. Perform excavating and backfilling in accordance with the procedures and using the materials as described in the Bid Documents and Plans, and site work. B. Perform excavation required in connection with the installation of the work under Lighting and Installation. After the work has been installed, tested and approved, backfill all excavations with suitable material per the Bid Documents and Plans requirements. Include the cutting of all sidewalks, streets and other pavements and repair to original condition OPERATING INSTRUCTION A. Instruct the owner s representative in the proper operation of all equipment items of all the various electrical systems MANUALS A. Upon completion of the work, provide to the engineer for delivery to the owner two copies of a bound manual or manuals containing all data and descriptions of all wiring devices, lighting fixtures, electrical service pedestals and other electrical equipment furnished and/or installed under Bid Documents and Plans. Include in this data spare parts list, and operation and maintenance manuals. B. Bind data in loose leaf, hard back, ring binders sized for 8-1/2-inch by 11-inch sheets. Provide sufficient binders so that no binder will be over 3-1/2-inches thick. 343 of 448

344 1.13 INSPECTIONS AND TESTS A. Obtain timely inspections of the installation by the authorities having jurisdiction. Remedy any deficiencies to the satisfaction of the inspection authority having jurisdiction. B. Make written notice to the engineer adequately in advance of each of the following stages of construction: C. When all rough in is complete, but not covered. D. At completion of the work of this section. E. Perform tests required by the governing authorities and by NFPA 99 and the National Electrical Code, in addition to the tests specified in he individual specification sections. F. In the construction manager s presence, test all parts of the electrical system and prove that the systems function electrically in the required manner. G. When material or workmanship is found to not comply with the specified requirements, remove the non-complying items from the job site and replace them with items complying with the specified requirements at no additional cost to the owner. This shall be performed within 3 days after notice of noncompliance. H. At the time of final inspection and tests of the lighting systems, all connections at electrical service pedestals, switches, circuit breakers, etc. and all splices shall be complete. All fuses shall be in place, and all circuits shall be continuous from point of service connection to all lighting assemblies. I. All circuits shall be free of shorts and grounds. Loads shall be balanced between phases. J. Upon final completion of the work obtain certificates of acceptance from the authorities having jurisdiction. Deliver the certificates to the engineer for transmission to the owner. 344 of 448

345 1.14 RECORD DRAWINGS A. The purpose of final project record documents is to provide factual information regarding all aspects of the work, both concealed and visible, to enable future modification of the work to proceed without lengthy and expensive site measurement, investigation, and examination. B. During the installation of the work, the contractor shall keep detailed records of any and all changes made from the contract drawings. On or before final completion of his work he shall revise a set of reproducible Mylars of the contract drawings to illustrate the work as actually installed, such Mylars shall be procured by the contractor from the original tracings which are the property of the Owner; all revisions to the drawings shall be the contractor s responsibility and the work shall be neat, legible and accurate. These record drawings shall be stamped as-built, dated, and submitted to the engineer for review. C. Show on the record drawings, by dimensions accurate to within one inch both horizontally and be vertical elevation, the centerline of each run of items such as sleeves and conduit below grade or in concrete slab. Surface mounted devices and equipment are to reflect their exact location. D. Clearly identify items by symbol or note such as rigid conduit and the like. Additionally, identify by symbol or note, the location of the item under slab, exposed, and the like. E. Make identification sufficiently descriptive that it may be reliably related to the specifications. F. Upon completion of the work the revised drawings shall be delivered to the engineer. 345 of 448

346 1.15 LIGHTING INSTALLATION COMPLETION A. Upon completion of the work of this section, thoroughly clean all exposed portions of the electrical installation, removing all traces of soil, labels, grease, oil, and other foreign material, and using only the type cleaner recommended by the manufacturer of the item being cleaned. B. Thoroughly indoctrinate the owner s operation and maintenance personnel in the contents of the operation and maintenance manual required to be submitted as part of this section of these specifications. END OF SECTION 346 of 448

347 CONDUITS SECTION PART 1 GENERAL 1.01 RELATED CONDITIONS A. Provisions established within the Bid Documents and Plans SECTION INCLUDES A. Non-metallic conduit and fittings QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers, which have been in satisfactory use in similar service. B. Comply with the following applicable standards and codes: UL, ANSI, NEMA and National Electrical Code. C. Conduit systems shall be UL approved for the application SUBMITTALS A. Product Data: Submit manufacturer s catalog cut sheets, data sheets and installation instructions. PRODUCTS 1.05 ACCEPTABLE MANUFACTURERS A. Non-metallic conduit: Carlon, Borg-Warner, Cantex, SEDCO. B. Couplings, Terminators/Fittings: Appleton, Crouse Hinds, O-Z Gedney CONDUIT 347 of 448

348 A. Underground Plastic Conduit: Schedule 40, heavy wall, high impact rigid virgin polyvinyl chloride (PVC), Type II (designed for underground installation without concrete encasement), conforming to NEMA Publications TC2 and TCX3, bearing UL label and UL listed for direct burial. B. Rigid Galvanized Steel Conduit: Hot-dip galvanized inside and outside, with factory-cut threads galvanized after cutting; all conduit coated with outer coating of zinc dichromate inside and outside; couplings and elbows shall conform to UL Standard 6 and shall be UL listed and labeled; each conduit length equipped with coupling on one end and thread protectors on other end COUPLINGS AND TERMINATORS A. Couplings and fittings for Non-metallic Rigid Conduit: Polyvinyl Chloride (PVC) conforming to the requirements of ASTM D256, ASTM F512, NEMA TC 6 & 8, and UL 514B. Use fitted plastic couplings to ensure a watertight joint. EXECUTION 1.10 CONDUIT SIZING A. Minimum conduit size shall be 1 inch. Conduit sizes indicated on drawings are minimum based on THHN/THWN copper wire unless noted otherwise. Larger conduit sizes may be used for convenience of wire pulling INSTALLATION OF UNDERGROUND CONDUIT A. Install underground conductors in plastic conduit, unless noted or specified otherwise. Underground installations shall meet the minimum cover requirements of the NEC and local ordinances. Cover raceways with 9 inches of sand before continuing backfill. Assemble and install raceways in accordance with manufacturer s instructions. Make joints with couplings and solvent welding cement. Ream ends of all conduit before joining. 348 of 448

349 B. Electrical service entrances and installations requiring excavation of 12 inches width or greater shall be installed on a bed of sand not less than 3 inches deep. Cover raceway with 9 inches of sand before continuing backfill. C. Snake plastic conduit in trench, from side to side, with a complete cycle every 40 feet, allowing for expansion and contraction. Maintain this configuration during backfilling. END OF SECTION 349 of 448

350 WIRE AND CABLE SECTION PART 1 GENERAL 1.01 RELATED CONDITIONS A. Bid Documents and Plans SECTION INCLUDES A. Building wire (600 volts & under) QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service. B. Comply with the following applicable standards and codes: ICEA, IEEE, ASTM, UL, ANSI, NEMA and National Electrical Code. C. All wire and cable shall be UL approved for application SUBMITTALS A. Product Data: Submit manufacturer s catalog cut sheets, data sheets and installation instructions. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Building Wire (600 Volts & Under): AFC, Belden, Carol, Southwire, Triangle BUILDING WIRE (600 VOLTS & Under) 350 of 448

351 A. Building wire in raceway: Provide conductors of soft drawn, annealed copper, 98% conductivity, insulation type THNN/THWN rated 600 volts. Wire size #10 AWG and smaller shall be solid conductor; #8 AWG and larger shall be stranded conductor. Temperature rating of conductors and conductor terminals shall be comparably rated for 75 degrees C (i.e. higher rated ampacities for conductors of 90 degrees cannot be utilized unless the terminals at which the terminals at which the conductors terminate have comparable ratings). Temperature applications shall be in accordance with the NEC. PART 3 EXECUTION 3.01 WIRE PULLING A. Completely and thoroughly swab raceway system before installing wires. B. Pulling Devices in Empty Raceways: Provide in every empty raceway system a suitable pull line to facilitate future installation of wiring. This requirement does not apply to conduit stub-ups. C. Attach pulling lines to conductors by means of insulated woven basket grips or by pulling eyes attached directly to conductors. Do not use rope hitches, or bare steel basket grips. All conductors to be installed in a single conduit shall be pulled together. Do not exceed manufacturer s recommended pulling tension or sidewall pressure. D. All cable lubricants shall be UL listed, of non-conducting type, and shall be certified by their manufacturer to be non-injurious to the insulation on which they are used INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER) 351 of 448

352 A. Included hereunder is all wiring 600 volts and less, except for communication wiring. All wiring shall be installed in raceways unless specifically noted to the contrary. B. Use no wire smaller than #10 AWG for lighting circuits of #12 AWG for lighting circuits. Provide a separate, insulated equipment grounding conductor for all circuits. C. Pull no conductors into conduit until all work of a nature, which may cause injury to conductors, is completed. D. Run all feeders their entire length in continuous pieces without joint or splices. E. Neatly train and lace wiring inside boxes, enclosures and other equipment using Thomas & Betts Ty-Wraps. F. Make all joints or splices as follows: 1. In Wet Locations: In accordance with conductor manufacturer s recommendations. 2. Stranded Conductors: UL approved solderless bolted pressure connectors or Thomas & Betts Series compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. 3. Solid Conductors: UL approved solderless bolted pressure connectors or UL approved electrical spring connectors of Scotchlok, Ideal or T&B Piggy make. All connectors shall be of proper sizes to match conductor sizes FIELD QUALITY CONTROL 352 of 448

353 A. Inspect wire and cable for physical damage and proper connection. B. Perform continuity test on all conductors to verify proper phasing connections. END OF SECTION 353 of 448

354 BOXES SECTION PART 1 GENERAL 1.01 RELATED CONDITIONS A. Provisions established within Bid Documents and Plans SECTION INCLUDES A. Pull and junction boxes and fittings QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers, which have been in satisfactory use in similar service. B. Comply with the following applicable standards and codes: UL, ANSI, NEMA and National electrical Code. C. Boxes shall be UL approved for the application SUBMITTALS A. Product Data: Submit manufacturer s catalog cut sheets, data sheets and installation instructions. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Pull and Junction Boxes: Hoffman, Unity, Universal PULL AND JUNCTION BOXES 354 of 448

355 A. Boxes shall be of the size indicated on the drawings or sized in accordance with the National Electrical Code. ` B. Provide boxes complete with covers suitable to the purpose for which they will be used. C. Provide boxes of the material, finish, type and size required for the location, kind of service, number of wires and function. D. Provide weatherproof boxes for outdoors and for locations subject to moisture, with neoprene cover gaskets. E. Provide covers of the same material, thickness and finishes as the boxes, secured in position by means of screws compatible with the material of the box and with the environment. F. Provide boxes for flush mounting in concrete fabricated of ferroalloy hot-dip galvanized cast body and screwed on cover with neoprene gasket. G. Cast boxes shall be of aluminum or ferroalloy, deep type, with gasketed cover and threaded hubs. Do not install aluminum boxes in or touching concrete. H. Concrete polymer boxes shall be the same size or larger as cast boxes and have equivalent conduit entry locations. The concrete polymer boxes shall have gasketed bolt down covers and open bottoms. The concrete polymer boxes shall be deep enough for 3 inches of gravel in the bottoms without decreasing the required area inside. PART 3 EXECUTION 3.01 COORDINATION OF BOX LOCATIONS A. Provide boxes as shown on drawings, and as required for splices, taps, wire pulling, equipment connections, and code compliance. 355 of 448

356 B. Box locations shown on drawings are approximate unless dimensioned. Locate and install boxes to allow access. C. Install boxes plumb and straight, rigidly secured in place. D. Install conduit fittings in boxes for conduit connectors. E. Install ground mounted boxes so that covers are flush with top of finished grade. F. Thoroughly compact backfill below and all the way around ground mounted boxes to prevent or avoid displacement due to soil erosion. G. Install a minimum of 3 inches of gravel in the bottom of concrete polymer boxes without decreasing the required area inside. H. Covers for all ground mounted boxes shall be permanently identified as electrical PULL AND JUNCTION BOX INSTALLATION A. Provide pull boxes in feeder circuits as required but at least every 150 feet in straight runs. Identify all junction boxes by panelboard and circuit number on cover with legible permanent ink marker. END OF SECTION 356 of 448

357 GROUNDING SECTION PART 1 GENERAL 1.01 RELATED CONDITIONS A. Provisions established within the Bid Documents and Plans SECTION INCLUDES A. Grounding system QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers, which have been in satisfactory use in similar service. B. Comply with the following applicable standards and codes: UL, ANSI, NEMA, NFPA, including the National Electrical Code. C. Grounding system material and components shall be UL approved for the application SUBMITTALS A. Product Data: Submit manufacturer s catalog cut sheets, data sheets and installation instructions. PART 2 PRODUCTS 2.01 GROUNDING CONDUCTORS AND MATERIALS A. Bonding jumpers shall be flexible tinned copper braid or copper conductor, sized per National Electrical Code Article of 448

358 B. Ground cable shall be bare rope lay type copper or copper conductor, sized per National Electrical Code Article 250. C. Ground conductors shall be annealed copper and insulated to match the phase conductors, sized per National Electrical Code Article 250. D. Grounding electrodes shall be copper ground rods ¾ inch diameter, 10 feet long, designed for driven installation. E. Grounding connectors shall be mechanical clamp or exothermic weld type. F. Refer to Section for low voltage grounding conductors, and Section for isolation panelboards low impedance wiring. All ground conductors shall be sized in accordance with the National Electrical Code. PART 3 EXECUTION 3.01 INSTALLATION A. Install electrical grounding systems in accordance with applicable portions of NEC, NFPA-99, NECA S Standard of Installation, and in accordance with recognized industry practices to ensure that products comply with requirements and serve intended functions. B. Provide a separate green-insulated grounding conductor, with insulation of the same rating as the phase conductors, for each feeder and for each branch circuit. Install the grounding conductors in the same raceway with related phase and neutral conductors. Where parallel conductors in separate raceways occur, provide grounding conductors in each raceway. Connect all grounding conductors to ground bars in service pedestals. C. Provide grounding bushings on all feeder raceways terminating within the main pedestals and all junction and pull boxes or where required by the National Electrical Code. Install bonding jumper from these bushings to the equipment ground bus where one occurs or to ground 358 of 448

359 lugs mounted to the frame of the enclosures, remove the paint around the raceway locknuts to assure good metal-to-metal contact. D. Install mechanical clamp or exothermic type welded grounding connections. Exothermic weld type shall be used in inaccessible locations and below grade FIELD QUALITY CONTROL A. Inspect grounding and bonding system conductors and connections for tightness and proper installation. B. Test the continuity of, and the proper connection of, each ground conductor and system, to assure that the grounding system is complete and uninterrupted. C. Measure ground resistance from system neutral connection at service entrance to convenient ground reference point using suitable ground testing equipment. Resistance shall not exceed the lesser of 25 ohms or as required by code. END OF SECTION 359 of 448

360 ELECTRICAL SERVICE PEDESTALS SECTION PART 1 GENERAL 1.01 RELATED CONDITIONS A. Provisions established within the General Conditions and Supplementary General Conditions of the Contract, Division General Requirements, and the Drawings are collectively applicable to this Section SECTION INCLUDES A. Electrical Service Pedestals for 120/240 volts, single phase electrical services QUALITY ASSURANCE A. Comply with Oncor Electric Delivery Company, Local Electrical Authorities and all governing Authorities having Jurisdiction. Where conflicts occur among the governing authorities, the most stringent shall prevail. B. Comply with the following applicable standards and codes: UL, NEMA, National Electrical Code and EUSERC 308 Utility Standard. C. Electrical Service Pedestals shall be UL listed as Industrial Control Equipment (File E113855) SUBMITTALS A. Product Data: Submit manufacturer s catalog cut sheets, data sheets and installation instructions. 360 of 448

361 B. Measure ground resistance from system neutral connection at service entrance to convenient ground reference point using suitable ground testing equipment. Resistance shall not exceed the lesser of 25 ohms or as required by code. END OF SECTION 361 of 448

362 THIS PAGE INTENTIONALLY LEFT BLANK. 362 of 448

363 SECTION Q GENERAL NOTES 363 of 448

364 THIS PAGE INTENTIONALLY LEFT BLANK. 364 of 448

365 PROJECT GENERAL NOTES 1. In the adoption of the Texas Department of Transportation (TxDOT) Specifications, it is understood that any reference to the Texas Department of Transportation (TXDOT) shall be interpreted to include the County of Dallas as applicable. Any conflict between the general provisions of the NCTCOG specifications, the TXDOT specifications and/or the County of Dallas specifications, as contained herein, shall be decided by the Engineer. The general order of precedence shall be followed: A. County of Dallas General Provisions B. TXDOT General Provisions and Specifications C. City of Sachse General Specifications D. City of Sachse Special Specifications F. NCTCOG General Provisions and Specifications G. City of Dallas, Specifications and Addendums Please note that Traffic Signal adjustments will be based on the construction plans and field requirements, the inspection will be coordinated between TxDOT, Dallas County Inspector and the City of Sachse Traffic Inspector. The City of Sachse Utilities items will be constructed according to Specifications for Water and Wastewater Main Replacements and Adjustments on Sachse Road Project included in Construction Plans of the project and any additional specifications available from the City of Sachse Public Works. The inspection will be coordinated between Dallas County Inspector and the City of Sachse Utility Inspector. 2. The items under which payment is to be made to the CONTRACTOR are as listed in the bid proposal. Items in the Construction Plans noted as subsidiary are to be included in the bid proposal items, no extra payments will be made by the owner. Reference to other items in the standard specifications as pay items are hereby deleted. The provisions for construction and material requirements for such items are to be complied with and only the provisions for direct payment are deleted. No separate pay is implied by these general notes for the items covered herein, unless specifically established in the proposal section of the project specifications. Include the cost of items covered herein in the contract unit price for the item of work of which the item is a component or as incidental to other work. 3. The sequence of construction shown in the plans is for preparation and comparison of bids only. Prior to the start of work, the CONTRACTOR shall develop, in detail, a construction schedule and sequence of construction that shall cause minimum interference with traffic along, across, and adjacent to the project during construction. If the schedule or sequence becomes unworkable or unsatisfactory as work proceeds, adjustments shall be made. If, at any time during construction, the Contractor's proposed plan of operation results in unsafe traffic movement in the opinion of the Engineer, the Contractor shall immediately correct the unsatisfactory 365 of 448

366 condition. The actual sequence of construction and construction schedule shall be submitted to the Engineer for approval 10 days prior to the pre-construction meeting. The traffic control plan shall be approved by the City of Sachse, Director of Public Works and Engineering Mr. Greg Peters, (469) , prior to implementation. 4. The Contractor shall prepare a detailed traffic control plan for the traffic control signing, barricading and temporary pavement markings for the safe maintenance of traffic during construction within the existing streets and public right of way. The Traffic Control Plan (TCP) will be coordinated with the approved schedule and sequence of construction. The traffic control plan shall be submitted by the Contractor a minimum of ten (10) days prior to beginning work for approval. Work shall not begin prior to the approval of the construction traffic control plan. 5. A very important feature of this contract is providing for the safety and convenience of the traveling public and abutting property owners. The schedule to be provided under item no. 3 of these general notes and article 8.1 of the general provisions and regulations shall ensure this provision. Where, in the opinion of the Engineer, local traffic and abutting property owners would be unduly inconvenienced for an extended period of time, the Engineer shall limit the length of excavation that the Contractor may open up at one time. The Contractor shall plan his work so that treated subgrade follows closely the completion of roadway excavation and embankment and that paving operations will follow after curing the treated subgrade. For protection of the pavement subgrade and to reduce an unsightly condition, backfill behind curbs will be done in a reasonable time after pavement cures and forms are removed. 6. All traffic control devices and their placement shall conform to the requirements of the Texas Department of Transportation Manual on Uniform Traffic Control Devices, 2014 Edition. All work, additions and adjustments required to meet the requirements for sequencing of construction and as required by Engineer or City shall be included in the unit price established under Item 502-Barricades, Signs and Traffic Handling. 7. Two (2) project signs shall be furnished and installed by the Contractor, one on each end of the project at locations designated by the Engineer. The signs shall be constructed as shown in the contract documents. The signs shall be considered incidental and will not be paid for directly. 8. Two-way traffic shall be maintained at all times along Sachse Road and Fifth Street on all intersecting streets (two lanes in each direction except one lane each way between 9 AM and 3:30 PM), unless otherwise authorized by the Engineer in writing. No streets shall be closed to traffic without the prior approval of the Engineer and the City of Sachse. Requests for street closures must be made a minimum three (3) business days in advance of the anticipated closure(s). At least one lane of traffic will be maintained at all driveways and entrances at all times. 366 of 448

367 Any approved lane closures shall be limited to between 9:00 a.m. and 3:30 p.m. or as directed by the Engineer and/or City of Sachse. In the event a lane is temporarily closed, flagmen shall be present to control traffic. 9. Item 6001 The Contractor shall provide three (3) electronic message boards to alert commuters one (1) week prior to side street closures and one (1) week before traffic shifts on Sachse Road Project. The work performed and materials furnished in accordance with this Item will be paid for at the unit price bid for Electronic Message Display Board. This item will be measured by the calendar day, including Saturday and Sunday, for each Electronic Message Display Board unit required for the handling of traffic through the work area on the project. All Electronic Message Display Board units shall be set up on a work area and operational before the calendar day can be considered measureable. The price per board shall be full compensation for the use of the board unit(s), including labor to set up, relocate and/or remove board unit(s), replacement parts, fuel, oil, oil filters, software and for incidental necessary to complete the work. 10. The Contractor shall provide for continuous supervision of construction and a superintendent shall be on the project site at all times during work hours. The superintendent shall, at all times, have in his immediate possession a complete set of current contract documents including the plans and specifications. The superintendent, or his representative, shall be fully authorized to act on behalf of the Contractor in all matters pertaining to the work. 11. The location of existing utilities indicated on the plans has been determined from the field surveys and available public records. Exact location and elevation of all utilities are not guaranteed and shall be determined in the field by the Contractor prior to construction. It shall be the duty of the Contractor to ascertain whether any additional utilities other than those shown on the plans may exist and to locate the same in the field prior to construction. The Contractor shall notify all utility companies with facilities in the project area forty eight (48) hours prior to construction. The Contractor is responsible for repairing damage to existing utilities. The Contractor is required to maintain existing utilities in a safe and serviceable condition. No extra compensation will be allowed for additional work or materials to maintain service. 12. The Contractor shall make all the necessary provisions for the support, locating, protection, relocation and temporary relocation of all utilities and structures both above and below ground during construction. 13. The Contractor shall coordinate with other Contractors of any trade or discipline working adjacent to the project site prior to and during construction. 14. All existing street (side streets, proposed detour as well as existing road on Sachse Road Project with in the construction limits) and traffic control signs shall be maintained as needed throughout construction. Existing signs and posts shall be 367 of 448

368 maintained in good condition. Any signs damaged prior to removal or installation in final position (if removed by Contractor) shall be replaced at no cost to the owner. The Contractor will be responsible for installing any new street name signs authorized by the Engineer. These items are subsidiary and no additional payment will be made for any work outlined in this general note. 15. Mail boxes and mail services shall be maintained throughout the project at all times during construction. Payment for removal, temporary relocation and permanent location of all mail boxes, regardless of type or construction, shall be subsidiary to the various contract pay items. The locations of temporary mailboxes shall be coordinated with the United States Postal Service postmaster. 16. Contractor shall be responsible for providing required security to protect his own property, equipment, and work in progress. 17. Contractor shall field verify all dimensions and conditions before commencing work. It shall be the Contractor's responsibility to report any discrepancies to the Engineer before commencing work. 18. Water supply for use during construction shall be approved by the Engineer and secured by the Contractor. 19. Contractor shall be responsible for and adequately protect existing structures, utilities, trees, shrubs, fences, signs, sprinkler systems, walls, mail boxes and other adjoining facilities. Damages caused by Contractor shall be reported to the Engineer and the appropriate property owner and repaired to original or better condition or replaced at the Contractor's expense within twenty-four (24) hours. 20. The cost of the retaining wall, Item 423, shall include wall, foundation, excavation, backfilling, all material, all labor and any other cost associated to building the retaining wall. The Contractor shall protect and maintain the location of any utility pole(s) adjacent to the retaining wall while working around it. This work is subsidiary to Item Contractor shall comply with OSHA regulations and State of Texas laws concerning excavation, trenching, shoring and all construction safety. 22. Dewatering system or systems installed during construction shall be approved by the Engineer. Trench and pit bottoms and excavations shall be maintained in dry stable condition until work is complete. Dewatering free from environmental concern shall be considered subsidiary to the contract. 23. The Contractor shall haul away all waste material such as rubbish, pavement, concrete pipe, unacceptable soil, etc., to an approved landfill. The item shall be subsidiary to the various bid items. 368 of 448

369 24. The Contractor shall properly notify DIGG TESS before starting any work on improvements shown on the plans. 25. Existing concrete pavement, concrete curb, curb and gutter, asphalt pavement or asphalt curb to be removed, whether in streets or drives, shall be sawed along neat lines where portions are to be left in place. 26. Unpaved areas disturbed by construction are to be hydro mulched or sodded, fertilized and watered, unless otherwise specified in the plans. 27. All cut and fill slopes shall be 3:1 except as noted on the plans. Cut slopes may be steepened to protect existing trees and fences only with prior approval of the Engineer. All property adjacent to the proposed construction shall be graded as directed by the Engineer (non-pay item). 28. Forty Eight hours prior to beginning of construction, the contractor shall notify: City of Sachse Sachse Fire Department Sachse Police Department Dallas County Public Works DIG TESS 800-DIG-TESS FIRE DEPARTMENT Atmos Energy Emergency Oncor Distribution Oncor Transmission Spectrum Frontier Communications Emergency Garland ISD All Notifications and contacts as required herein shall be handled through and with the full knowledge of the project inspector, inclusive of arrangements for utility locations. 29. All salvable material encountered on this project shall become the property of Dallas County, including, but not limited to, surplus flexible base and/or flexible pavement, pipe culverts, guard fence, etc., when Dallas County Road and Bridge Districts request the material the Contractor shall load the material on the Dallas County trucks following removal or shall stockpile the material at an agreed adjacent site to be loaded onto the county trucks by the Contractor at a later date. The Road and Bridge District in which the project is located shall have first choice of the available material. It shall be the contractor s responsibility to mill the existing flexible pavement regardless of the depth and the cost for milling is subsidiary and no additional payment is made for this work. If no Road and Bridge District requests the material, it shall become the property of the Contractor to be disposed of by him at his entire expense. The Contractor may remove old 369 of 448

370 flexible base and asphalt for embankment including subgrade material, however, this material may not be used as finished flexible base. 30. The Contractor shall not be permitted to have open trenches at the end of each working day unless approved by the Engineer. 31. Where applicable, the Contractor shall place rubber mats on the pavement to protect it from track marks and/or cracking during construction. 32. All adjacent property damaged by the proposed construction shall be restored to the same or better condition in which the same was found before such work was undertaken. This shall be considered subsidiary to the various items of the contract and will not be paid for directly. 33. The end of the street and driveway pavement shall match the existing paving, unless otherwise directed by the Engineer. 34. Lay-down curbs for barrier-free ramps shall be provided at all streets and drives according to the standard details for paving included in the plans. Payment for this work shall be included in the unit price for Item 360, Concrete Pavement or Item 531, Curb Ramp, as applicable. 35. Contractor shall be responsible for obtaining the construction permit when working within the limits of the City of Sachse. Payment for obtaining the permit shall be subsidiary to the various items of contract and will not be paid for directly. 36. The cost of ALL pipe-to-pipe and pipe-to-structure connections shall be included in Item 464; no other payment will be made. All pipe-to-pipe connection shall be made at 60 degrees unless otherwise shown on the plans or directed by the Engineer. 37. No dirt, mud, or any other material shall be allowed to fall or be tracked onto the existing or finished roadway. It shall be the responsibility of the Contractor to maintain the existing traveled way in a clean condition at all times. Contractor is responsible for keeping streets and sidewalks adjacent to the project free of mud and debris from the construction. 38. All drums as traffic control devices shall be polyethylene plastic with warning lights or chevrons as required. 39. Prior to opening any new concrete pavement to traffic, all joints must be sealed and all edges shall be backfilled. 40. The General Contractor will obtain the general permit for the storm water discharge from construction sites. The General Contractor and the County of Dallas will become co-permittees. Costs for administering and providing items required for the 370 of 448

371 storm water pollution prevention plan (SWPPP) will not be paid for directly, but will be included in the various other bid items of the contract. 41. The Contractor shall furnish the Engineer a copy of the signed agreement with any and all property owners for any private property that will be used by the Contractor and/or Sub-Contractors for storage of equipment, materials and supplies, and/or each disposal site which the Contractor intends to use for "waste" materials. Conditions and restrictions, if any, shall be clearly stated. Compliance shall be required and a release from the property owner shall be obtained upon completion of the project. 42. The specified density for the embankment, excavation, treated subgrade, and flexile base shall be obtained with the moisture content at the optimum or above. 43. All subgrade shall be brought to within 0.05 foot (+/-) of plan profile at a density in accordance with specifications. 44. All structural excavation, backfilling and bedding material shall not be paid for directly, but shall be considered subsidiary to the pertinent bid items of the contract. 45. Class B Bedding shall be utilized in the construction of all storm sewers on this project and shall be considered subsidiary to Item Water and Fertilizer used for seed and sod will be considered subsidiary to the pertinent bid items of the contract. 47. All existing slope, drainage, and temporary easement areas shown in the plans will be included in Item 100, Preparing Right-of-Way. 48. Temporary fencing, with gates, to restrain livestock shall be provided through areas where livestock are pastured, unless the Contractor makes satisfactory arrangements with the land owner and/or tenant. The temporary fence shall be installed on the easement lines and shall be removed after the paving improvements have been completed and the Engineer directs the Contractor to remove the temporary fencing. 49. The joint sealant materials to be used shall conform to the requirements of Hot Poured Rubber, Joint Sealant. 50. The cost of all pipe plugs shall be included in Item 464; no other payment will be made. All pipe-to-pipe connections shall be made at 60 degrees unless otherwise shown on the plans or directed by the Engineer. 51. Item 100, Preparing Right-of-Way shall be full compensation for removing and disposing of all obstruction and debris within the right-of-way and within all 371 of 448

372 easements shown on the plan to be removed unless specifically paid for in removal items. The contractor shall upon specific authority of the Engineer, shall trim all trees that are overhanging within the existing Right-of-Way for the duration of the project. This item shall also be full compensation for all labor, equipment, tools and incidentals necessary to complete the work. 52. No trees shall be cut except upon specific authority of the Engineer. Contractor shall be responsible for obtaining permits or permission for all trees or shrubs requiring removal. 53. Earthwork excavation and/or embankment as detailed in the plans for maintaining temporary traffic operations shall include all labor, equipment, and related materials to place the asphalt on soils compacted to 95% modified Proctor density. The work performed will not be paid for separately, but will be considered subsidiary to Item 508, Construction Detours. 54. Inlet and manhole rings, frames and covers shall be provided for all inlets and manholes shown on the plans. Painting will not be required for cast iron frames, grates, rings and covers. The payment for inlet or manhole frames and covers and for inlet grates shall be considered subsidiary to Item The Contractor shall tie into existing concrete with at least 12 of exposed steel. The minimum dowel size shall be #4 bars 24 long. 56. All driveway approaches shall be a minimum of twelve (12) feet wide. If the existing driveway is less than twelve (12) feet, then the new driveway shall be transitioned to the existing width on a 3:1 taper. The Contractor shall grade the area adjacent to the driveway transition to the satisfaction of the Engineer (non-pay item). 57. The driveway approaches shall be six (6) inch reinforced concrete pavement for residential and eight (8) inch reinforced concrete pavement for commercial and intersecting streets unless otherwise noted in the plans. Additional driveway replacement shall match existing materials. 58. The location of driveways, steps, etc., as shown on the plans is approximate. Accurate locations shall be determined by the Contractor at the time of construction, after consulting with the property owner. 59. Bar chairs to support reinforcing steel and dowels in pavement will be required. 60. The use of wood forms for pavement construction will be permitted where necessary for intersections, drives, pavement transition and transverse construction joints, as directed by the Engineer. Wood forms will not be permitted for main-lane pavement construction in longitudinal direction. 372 of 448

373 61. Hand finishing will not be a separate pay item. 62. Access to abutting property during the construction of this project must be maintained for emergency and local traffic (to be paid under Item 502). 63. Street intersections, as required by the Engineer, will be kept open to traffic by paving one half widths at a time. Pavement for a leave-out will be provided in such case as directed by the Engineer. 64. No "stop" or "yield" sign is to be relocated or moved without prior approval by the City. 65. Barrier-free ramps will be built with this project. Pay items will be those shown on the plan. Locations may be adjusted as directed by the Engineer to clear obstructions. 66. Items 110, 132 & 160 Prior to beginning excavation and embankment operations: grass, topsoil, and other organic materials shall be windrowed adjacent to the rightof-way. Upon completion of grading, slopes, medians etc. shall be scarified longitudinally to a depth of approximately four inches (4 ). The windrowed material shall then be returned to the slopes and the ditches prior to placement of the topsoil where utilized. 67. Contractor shall maintain flows in ditch outfalls, storm sewer pipes, inlets, and other drainage systems during construction and restore damaged of same during construction to original condition or better. This work shall not be paid for directly. 68. Topsoil where utilized shall be placed in a uniform layer a minimum thickness of four (4) inches over areas disturbed by the construction as approved by Engineer before placing. This includes grass medians, parkways, developed lots, some slopes, and all other areas identified in the plans. Any topsoil material must be approved by the Engineer as suitable prior to placement, or payment for Item 160, Furnishing and Placing Topsoil can be rejected. Topsoil payment will not be made for standard embankment material. Payment for standard embankment material shall be paid by Item 132, Embankment. Topsoil shall not exceed contract quantity without prior written request with the exact quantity of additional topsoil to be placed and approval of Engineer. 69. Item 132- Prior to placement of any embankment on an existing slope steeper than a 6:1 slope, the slope shall be benched to prevent the formation of a potential sliding plane in the embankment. The vertical wall of each bench shall be a minimum of one (1) foot in height. This work shall not be paid for directly, but shall be considered subsidiary to Item Placement of any temporary pavement markings to delineate traffic lanes during construction shall conform to Item 662 Work Zone Pavement Markings. All 373 of 448

374 temporary markings shall be removable and conform to a Construction Traffic Control Plan submitted by the Contractor a minimum of ten (10) days prior to beginning work for approval on any phase. Work shall not begin prior to approval of the Construction Traffic Control Plan. This work shall not be paid for directly, but shall be considered subsidiary to Item Reinforced concrete pipe storm sewer shall conform to ASTM C-76, class III, unless otherwise noted, and be installed, bedded, and backfilled in accordance with the technical specifications. 72. The Contractor shall protect all storm sewer inlets receiving storm water runoff from the construction site, per special provision storm water pollution prevention plan (SWPPP). 73. The Contractor shall locate the existing storm drainage pipe at all proposed tie-in points to verify the horizontal alignment and elevation. The Contractor shall notify the Engineer of the locations and elevations prior to installation of the proposed storm sewer pipe (considered subsidiary to storm sewer pipe installation). 74. The Contractor shall protect any existing and/or proposed storm sewer structure which is in the proposed subgrade during the subgrade stabilization process. 75. Aggregate for cement stabilized backfill (flowable fill) shall comply with NCTCOG Standard Specifications for Public Work Construction Item Aggregate for cement stabilized backfill shall be pit run gravel or crushed stone free from lumps of clay or organic matter and a PI not to exceed All sewer construction shall conform to the minimum requirements of the Texas Commission on Environmental Quality and regulations and City of Sachse for public water and sewer systems. 78. Trench excavation for trenches five (5) feet or more in depth shall be in accordance with all provisions of Part 1926, Subpart P - Excavations, Trenching and Shoring of the Occupational Safety and Health's Standards and Interpretations. It shall be the responsibility of the Contractor to conform to the above provisions. 79. The Contractor shall be responsible for protecting the existing structure and damage caused to existing structure due to construction or activities related to new construction. (No Separate Pay) 80. The Contractor shall notify the City of Sachse Water and Wastewater Division at at least forty-eight (48) hours (two working days) prior to construction that might affect their facilities. At no time shall the Contractor operate any existing water valves, only City of Sachse will operate existing valves. 374 of 448

375 81. The Contractor shall give the City, residents and businesses affected by any water or sewer line shut downs at least twenty-four (24) hours prior notice. 82. The Contractor is responsible for protecting all water and sewer laterals crossing the project. The Contractor shall repair all damaged laterals immediately (non-pay item). 83. The Contractor shall relocate and adjust all water valves, meters, or fire hydrants and sewer manholes that are in direct conflict with the proposed improvements. Said relocations shall be subsidiary to the contract unless otherwise specifically called out for in the bid proposal. All materials necessary to complete the adjustments or relocations that are not called out in the plans shall be subsidiary. 84. The Contractor shall backfill under the sidewalks, driveways and pavement repair as outlined in the specifications as indicated on the standard drawings for trench backfill details. 85. Any water meters that fall within the proposed sidewalk shall be relocated. Any relocation shall be subsidiary and no separate pay allowed. 86. Fire hydrants shall not be located in sidewalks. In general, hydrants shall be placed between sidewalk and back of curb. If sidewalk is placed at back of curb, hydrant will be located between public right of-way line and sidewalk. 87. Cut and Restore of existing and/or proposed pavement for laying out water lines and sewer lines will be subsidiary to the subsequent pay item. This includes removal of pavement, backfill, compaction and laying down pavement. 88. All pavement marking removal will not be paid for separately but will be considered subsidiary to the various pay items of the contract. 89. If the County chooses to mill and remove the asphalt with County forces, the asphalt removal bid item will be applicable for that area. For any areas not milled by the County, the bid item will remain applicable. 90. Proposed cross sections are based on existing topography and proposed paving sections. In areas of heaving clearing and grubbing, upon completion of Item 100, Preparing the Right-of-Way, it will be the responsibility of the Contractor to recross section such areas and furnish to the County of Dallas inspector for any revisions to the cross sections and Pay Item 110, Excavation, and Pay Item 132, Embankment. No payment will be made for any re-cross sections. This work will be incidental to the appropriate pay items. 91. The price for portable concrete barriers shall include any low profile barriers required for sight distance at side streets, driveways, impact devices and construction. Reflectors to be placed on barriers as directed by the Engineer. 375 of 448

376 92. Sidewalks, barrier-free ramps, and driveways shall be constructed to comply with current ADA standards. Maximum driveway slopes outside of the sidewalk area shall conform to City of Dallas Standards. 93. Mowing and trimming as directed by the Engineer and full time Project Superintendent shall not be paid for separately, but shall be included in Item 504, Field Office & Laboratory. The mowing height of vegetation in the project construction limits shall be three (3) inches. For bidding purposes the Contractor shall include eight (8) mows of the full construction limits. Any monthly payment of Item 504 can be delayed until proper mowing of the project has taken place. The Contractor shall be responsible for mowing and litter removal in the public right of way and designated easements within the construction limits as often as necessary and as directed by the Engineer. At no time shall weeds within the project limits reach a height greater than twelve (12) inches. No additional payment will be made for mowing and litter removal and any associated costs will be considered incidental to the job. 94. Landscape establishment and maintenance will be a subsidiary of COS-0043 through COS All storm sewers shall be constructed in "trench condition", minimum 1.0 ft, from top of pipe to top of embankment. 96. The Contractor shall make all the necessary provisions for the support, locating, protection, relocation and temporary relocation of all utilities and structures both above and below ground during construction. 97. All driveway crossings which are open cut shall have at least a temporary riding surface at the end of each day. 98. All sprinkler systems, fence, signs, etc. and related components disturbed by construction are to be restored to existing conditions or better. 99. The Contractor shall locate all existing storm drainage pipe at all proposed tie in points to verify the horizontal alignment and elevation. The Contractor shall notify the Engineer of the locations and elevations prior to excavation for installation of the proposed storm sewer pipe. This shall be considered subsidiary to storm sewer construction and no separate pay item is provided Sprinkling, as directed by the Engineer to control dust on the project, shall be considered subsidiary to the various bid items Contractor shall not unload or store materials, permit workers to park, nor park equipment within the street right-of-way where street is open to public travel without prior approval of the City of Sachse Street Department. 376 of 448

377 102. As required on the City of Sachse Bid Item Lighting Installation and Items COS through COS-0042 will include any subsidiary items required to provide turnkey lighting where the lighting will be a complete product, secure and ready to use upon delivery to owner at a lump sum amount and meet all the standards and specifications given in the bid documents When concrete pavement is not formed, a trimmer will be required for grade control as specified. When concrete pavement is to be formed, a planer will be required for grade control as specified No additional payment will be made for rock excavation necessary to construct any items of work identified in the contract drawings All pavements marking removal will not be paid for separately but will be considered subsidiary to the various pay items of the contract Sidewalks, barrier-free ramps, and driveways shall be constructed to comply with current ADA standards. Maximum driveway slopes outside of the sidewalk area shall conform to City Standards The Contractor shall notify the Engineer no later than noon on the Thursday preceding any Saturday he chooses to work References to half-size plan sheets are intended to indicate 12"x18" sheets. References to full-size plan sheets are intended to indicate 24"x36" sheets Any testing that fails to meet Dallas County requirements shall be re-tested at the Contractor's expense All subgrade compaction under sidewalk/bike trail shall be 95% standard proctor density at optimum moisture or +/-2% of optimum moisture A master set of record drawing mark-ups will be kept in the field office with all permanent construction completed and changes/additions to plans clearly identified to the extent necessary by the project inspector in conjunction with the contractor. No payment for any applicable items shall be made until they are marked as constructed on the record drawing mark-ups. This work shall not be paid for directly, but shall be considered subsidiary to project pay items All concrete mix designs are to be submitted on Dallas County s Concrete Mix Design Worksheets including the materials to be used for concrete mix design-data worksheet for review and approval. The Worksheet will be provided by the Engineer. 377 of 448

378 113. All vertical rebars protruding out during construction and remain in that condition overnight shall have plastic caps placed. This item will be considered subsidiary to various bid items All Bid Items with COS or DC acronyms, when not specified, will correspond to equivalent TxDOT 2014 or City of Sachse standards of specifications as determined by Project Engineer. 378 of 448

379 SECTION R STORM WATER POLLUTION PREVENTION PLAN 379 of 448

380 THIS PAGE INTENTIONALLY LEFT BLANK. 380 of 448

381 SPECIAL SPECIFICATION ITEM 5900 STORMWATER POLLUTION PREVENTION PLAN IMPLEMENTATION AND MANAGEMENT Description. The work covered by this Item consists of all activities required to prepare, implement, monitor and maintain a stormwater pollution prevention plan (SWPPP) in accordance with the requirements of this Item, TPDES General Permit TXR , or any other applicable state, federal or local laws, rules or regulations, or combinations thereof, and includes all required SWPPP amendments, revisions, and inspections, permit fees and all other measures necessary to complete the work Stormwater Pollution Prevention Plan. The stormwater pollution prevention plan provided in Appendix A of this Item and the applicable components of the contract drawings are intended to provide guidelines for mitigating pollution of surface water resulting from project construction activities. It may not cover all requirements of governing federal, state or local laws, rules or regulations. It is the Contractor s responsibility to develop and implement a comprehensive SWPPP that meets the requirements of governing laws, rules or regulations SWPPP Acceptance. Furnish the proposed SWPPP to the Engineer for review and approval no later than five business days following the pre-construction meeting. The Engineer will not issue a notice to proceed to the Contractor until the SWPPP is approved. Approval of the SWPPP in no way releases the Contractor from the responsibilities set forth in this Item and by governing laws, rules, or regulations SWPPP Compliance. Revise the accepted SWPPP as needed to conform to prevailing site conditions and to maintain compliance with TPDES General Permit TXR and any other applicable federal, state and local laws, rules or regulations. In the event of conflict between requirements in any governing laws, rules, or regulations, the more restrictive laws, rules or regulations shall apply. The County will not be responsible for any costs to revise and amend the accepted SWPPP. The following compliance provisions shall apply: 1. If the County, a local governmental authority, or any other governmental regulatory agency finds a violation of: (1) the requirements set forth in this Item, TPDES General Permit TXR , or any other applicable state, federal or local laws, rules, or regulations; or (2) that the best management practices are incomplete; or (3) that the SWPPP is incomplete; or (4) that the implementation of the SWPPP is not being performed correctly or completely, it shall be the responsibility of the Contractor to make all corrections. The Contractor shall correct and mitigate the conditions within 48 hours of notification by the governmental agency. Failure to correct non-compliant site conditions may result in the County suspending work for the entire project until the corrections are performed. Repeated noncompliance with the SWPPP and failure to regularly update the SWPPP as needed to match the site conditions may result in the removal of the person(s) or entity responsible for oversight of the SWPPP. If the County deems removal of the responsible person(s) or entity to be necessary, the Contractor will be responsible for prompt replacement of such person(s) or entity to oversee the SWPPP at no additional cost to the County. The 381 of 448

382 replacement person(s) or entity must be approved by the County in advance of their appointment to the project. 2. If a local governmental authority or any other governmental regulatory agency furnishes an assessment, fine, penalty or expense to the County for (1) a violation of the requirements of this Item, TPDES General Permit TXR , or any other applicable state, federal or local laws, rules, or regulations; or (2) that the best management practices are incomplete; or (3) that the SWPPP is incomplete; or (4) that the implementation of the SWPPP is not being performed correctly or completely, it shall be the responsibility of the Contractor to reimburse the County for the amount of any such assessment, fine, penalty or expense within 10 calendar days of receipt of notification. The County, at its sole discretion, may withhold the amount of money requested for any assessment, fine, penalty or expense from the Contractor s next pay estimate and deliver that sum to the governmental agency issuing the assessment, fine, penalty or expense Measurement. This Item will be measured by lump sum Payment. The work performed in accordance with this Item and measured as provided under Measurement will be paid for at the unit bid price for Stormwater Pollution Prevention Plan Implementation. This price is full compensation for all work associated with the administration, development, inspection, modification, revision, updates, amendments and reporting related to the SWPPP. Partial payments will be made for this Item in accordance with the following schedule: The County will release 50 percent of the lump sum bid amount for this Item with the first pay estimate after the Engineer has accepted the SWPPP submittal. The County will release an additional 30 percent of the lump sum bid amount for this Item with the first estimate payable upon completion of 50 percent of all paving, drainage and bridge work included in the contract, less the contract bid amounts for Mobilization, Barricades, Signs and Traffic Handling and Field Office. The County will release the remaining 20 percent of the lump sum bid amount for this Item with the first estimate payable upon substantial completion of the project as determined by the Engineer. Payment for furnishing, maintaining and removing the best management practices (BMP) as provided in Appendix A of this Item and in the contract drawings will be paid in accordance with the applicable contract bid items and unit bid prices. All other BMP that are required but not specifically identified to be applied to the project either in Appendix A of this Item or in the contract drawings will not be paid for separately and are considered subsidiary to this Item. SEE ATTACHED APPENDIX A TO THIS ITEM 382 of 448

383 APPENDIX A to SPECIAL SPECIFICATION ITEM 5900 STORMWATER POLLUTION PREVENTION PLAN GUIDELINES SACHSE ROAD AND 5 TH STREET FROM S.H. 78 TO MILES ROAD Paving and Drainage Improvements MCIP Project No Sachse, Texas The following entities are permittees for the Sachse Road and 5 th Street Improvements: (1) Dallas County Public Works 411 Elm Street, 4 th Floor Dallas, TX (2) General Contractor 383 of 448

384 I. INTRODUCTION A. Project Location B. Responsibility of Owner/Operator TABLE OF CONTENTS II. III. PROJECT DESCRIPTION A. Nature of Construction Activities B. Construction Phase Sequence C. Area of Construction Activities D. Soil Type E. General Location Map F. Site Map STORM WATER POLLUTION MEASURES AND CONTROLS A. Erosion Control Sequencing B. Erosion Control Devices and Structural Control Measures C. Other Controls 1. Waste Disposal 2. Dust Control 3. Water Source 4. Construction Phase BMPs 5. Sanitary Facilities D. Stabilization Practices E. Maintenance F. Non-Storm Water Discharges IV. INSPECTIONS AND RECORD-KEEPING PROCEDURES A. Inspections B. Inspection Reports C. Retention of Records V. CERTIFICATIONS VI. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: General Location Map TPDES General Permit TXR and Construction Site Notice Structural and Stabilization Best Management Practices (BMPs) Sample Inspection Report Sample Delegation Letter Operator Certification Form 384 of 448

385 I. INTRODUCTION The Storm Water Pollution Prevention Plan (herein referred to as SWPPP) provides guidelines for preventing soil pollutants originating from the construction site from flowing into natural or underground water systems. The SWPPP also serves to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharge. Examples of these potential sources of pollution include, but are not limited to, off-site material storage areas, overburden, and stockpiles of dirt, borrow areas, equipment staging areas, as well as vehicle repair and fueling areas. Federal and local regulations require construction contractors to implement plans, procedures, and inspections to reduce the negative impact construction activities have on surface water and to minimize erosion. Therefore, the SWPPP should include all the elements necessary for compliance with the latest requirements of the Texas Commission on Environmental Quality (TCEQ) Storm Water Program. A. Project Location The SWPPP included in this document is intended to be applied for the limits of paving, drainage and utility improvements along Sachse Road. The limits of the project are from S.H. 78 to Miles Road in the City of Sachse, Texas, Dallas County, Commissioner District 2. B. Responsibilities of Operators The Owner and the General Contractor shall be considered Operators, who are associated with the project. 1. The Operator with control over the construction plans and specifications is the County of Dallas. The Owner s responsibilities are the following: a. The operational control over plans and specifications for all areas of the project. b. To ensure that the project specifications will provide adequate best management practices (BMPs) to meet the requirements of the TPDES General Permit. c. The Owner will notify the Contractor in a timely manner if any modifications are necessary to remain compliant with the general permit. 2. The Operator with day-to-day operational control of the construction activities shall be the General Contractor, with whom the County of Dallas contracts to construct the project. The Contractor s responsibilities are: a. To ensure that this project meets the requirements of the TPDES General Permit. b. To implement and maintain BMP s for the project. 385 of 448

386 c. To provide construction inspection as outlined in Sec IV-A of this Plan. d. Post the signed and dated copy of the Construction Site Notice, prior to the start of construction, at the construction site in a location that is readily available for viewing by the general public and all inspectors from local and state agencies. e. A Signed copy of this SWPPP must be retained at the project site at all times. f. Maintain the Construction Site Notice in that location until completion of all construction activities. g. The contractor will provide qualified personnel to conduct inspections of the project as described previously to assure compliance with the SWPPP. Based on inspection results, the SWPPP and pollution prevention control techniques must be modified by the contractors if necessary to assure that storm water or the identified non-storm water discharges are the only discharges leaving the project site. Refer to TPDES general permit for specific requirements. h. This SWPPP must be updated each time there are significant modifications to major construction activities, contractors or pollutant control practices. i. Discharge of any hazardous substances or oil into storm water is subject to reporting requirements. Refer to TPDES general permit for specific guidelines. Each contractor is responsible for complying with these reporting requirements. II. PROJECT DESCRIPTION A. Nature of Construction Activities The scope of work involves constructing new roadway pavement and drainage structures within specified project limits. Utilities will also be installed within the limits of the project. B. Construction Phase Sequence Construction is expected to commence in Fall The anticipated sequences of construction activities are provided below (1) Installation of sediment controls will begin at the time of mobilization for the equipment and materials. These activities will be the first activities at the site and will be completed prior to any work. (2) Preparing R.O.W., establish perimeter points (3) Preparing the traffic detours 386 of 448

387 (4) Trench excavation for construction/installation of drainage and utilities; (5) Grading for pavement; (6) Installation of drill shafts (7) Grade parkways; (8) When construction is complete, the site is stabilized and approved by the Engineer, remove all temporary sediment controls and reseed any areas disturbed by their removal. (9) Open roadway to traffic. C. Area of Construction Activities The total project area is approximately 4 acres; the total area to be disturbed is approximately 2.5 acres. D. Soil Type Soils primarily consist of sandy clay to calcareous clay. E. General Location Map Refer to Exhibit A for a general location map. F. Site Map 1. Area of Soil Disturbance The area of soil disturbance for the project will occur within the existing right of way and easements. 2. Location of Structural and Stabilization Practices BMPs shall be implemented at various locations as shown in the SWPPP portion of the contract drawings. Where applicable, BMPs shall conform to the details provided in Exhibit C of this document and/or the contract drawings. Refer to Exhibit C for a list of all proposed structural and stabilization practices, both temporary and permanent. 3. On/Off-site Location (Storage/Staging) Location for materials and equipment will be determined by the Contractor after the contract has been awarded. Upon completion of the construction, the Contractor will fully restore the storage/staging areas to their original conditions. The Contractor may also use available right of way for storage and staging purposes. 4. Surface Waters Runoff is the only surface water that is anticipated on this project. 387 of 448

388 5. Discharge of Storm Water Storm water discharges into the Curb Inlets within the project limits. The receiving water for these facilities downstream of the project site is Muddy Creek, which discharges into the Trinity River. The Trinity River's eventual discharge point is the Trinity Bay, located in southeast Texas. G. Storage of Construction and Waste Materials i. Adequate practices related to the storage of construction and waste materials shall be implemented to limit the movement of pollutants. The Contractor shall provide (on the project site) a metal dumpster equipped with a secure cover for the collection of all solid, non-hazardous waste materials (including constructionrelated trash and debris). The dumpster shall meet all state and municipal solid waste management regulations. The dumpster shall be emptied as necessary, or as required by governing regulations, and hauled to an approved landfill site. The Contractor is not permitted to bury solid waste on the project site. The Contractor shall be solely responsible for the removal of the dumpster upon completion of construction activities. ii. Chemicals, paints, solvents, fertilizers and other toxic materials shall be stored in waterproof containers. Except during application, the containers shall be kept in trucks or within storage facilities. Runoff containing such materials shall be collected, removed from the site and disposed of at an approved solid waste or chemical disposal facility. H. Copy of TPDES General Permit See Exhibit B for a copy of the General Permit TXR III. STORM WATER POLLUTION MEASURES AND CONTROLS A. Erosion Control Sequencing i. Where applicable, erosion control devices, such as construction exits, temporary sediment control fence, shall be installed prior to any soil disturbing activities. An intermediate phase of curb inlet construction requires temporary sediment control fence to be installed around all sides of inlet structure until the inlet top is set to final grade. Thereafter, wire mesh and gravel devices shall replace temporary sediment control fence. ii. Where applicable, temporary erosion control devices shall remain in service until permanent stabilization activities are complete. The Contractor shall be responsible for the removal and disposal of all temporary erosion control devices and appurtenances after the Notice of Termination is issued. The Contractor shall be responsible for the maintenance of erosion control devices for the entire length of time the devices are in service, inclusive of removal of accumulated silt deposits from temporary sediment control fence. The Contractor shall be responsible for documenting this portion of the SWPPP. 388 of 448

389 iii. Stripping of vegetation will be conducted in a manner that minimizes erosion. The contractor is responsible for planting vegetation (and establishing at least 70% coverage) on all ground disturbed during construction. B. Erosion Control Devices and Structural Control Measures Refer to Exhibit C for a list of erosion control devices and structural control measures. The Contractor is responsible for the inspection of erosion control devices on a weekly (7- day) basis and after major rain events. The Contractor shall repair or replace erosion control devices as deemed necessary by the Engineer. C. Other Controls 1. Waste Disposal a. All solid waste materials, including disposable materials to major construction activities, will be collected in containers. The containers will be emptied periodically and hauled to a landfill. Each container must be covered to prevent the blowing of debris from the container. Each contractor is responsible for proper disposal of his own trash. b. Concrete waste from ready-mix transport trucks shall be deposited in a shallow pit lined with impervious plastic sheeting. Periodically, the Contractor shall break up, haul away, and properly dispose of the concrete waste material from this pit. The plastic sheeting shall be removed and the pit backfilled at the completion of concrete-related construction activities. c. Substances that have the potential to pollute surface and/or groundwater must be controlled by appropriate means to ensure that they do not discharge from the site. As an example, special care shall be exercised during equipment fueling and servicing operations. If a spill occurs, means of containment shall be implemented to avoid discharge from the project site and/or soil absorption. In this regard, potential pollutants shall be handled in a manner consistent with the impact represented. As a minimum, any products in the following categories are considered hazardous: paints, acids, solvents, asphalt products, chemical additives for soil stabilization and concrete curing compounds or additives. In the event of a spill that is hazardous (or potentially hazardous as outlined herein), the Contractor shall without delay notify the City of Sachse Fire Department ( ) and the Engineer. 2. Dust Control Sprinkling by utilization of water trucks shall be performed as necessary to reduce dust. 389 of 448

390 3. Water Source Water used to establish and maintain stands of grass, for dust control, and/or for other construction-related purposes must originate from a public water supply or private well approved by the State of Texas Department of Health. 4. Construction Phase BMPs During the construction phase, the Contractor shall also implement the following measures: Construction staging areas and vehicle maintenance areas, constructed by the Contractor in a manner that minimizes the potential of sediment and other pollutants to enter storm water runoff. All contractors and subcontractors shall utilize such areas for the intended purposes. These areas will be located in a manner such that harmful substances will not be allowed to leach or discharge from the site. 5. Sanitary Facilities Sanitary facilities shall be provided at the site for the duration of construction activities. These facilities shall be utilized by construction personnel. The Contractor shall be solely responsible for ensuring that all sanitary waste is regularly collected from portable units by a licensed sanitary waste management contractor as necessary or as prescribed by local regulations. D. Stabilization Practices Vegetative cover (seeding and sod) at the completed construction site, as indicated in Exhibit C and detailed in the contract drawings, will provide some biofiltering of surface runoff. The SWPPP will be updated as necessary if there are nay changes in the construction phase sequences. E. Maintenance i. The Contractor is solely responsible for the maintenance of all erosion and sediment control devices (and other protective measures) identified in the SWPPP. ii. iii. iv. All sodded and seeded areas are to be checked to ensure that grass coverage is maintained. Areas where stands of grass are established shall be watered and fertilized as needed. Temporary sediment control fence & inlet protection shall be checked regularly for the accumulation of silt deposits. Silt deposits shall be removed when the silt depth reaches ½ the height of the fence. Temporary sediment control fence posts shall be straightened, reset, and/or added as needed. Filter fabric that is ripped, damaged, or deteriorated shall be replaced. 390 of 448

391 F. Non-Storm Water Discharges No non-storm water discharges are anticipated, however any non-storm water discharges shall be filtered or held in detention basins before being allowed to mix with storm water. These discharges include, but are not limited to, non-polluted groundwater and water used for dust control, pavement washing, and/or vehicle wash water (containing no detergents). IV. INSPECTIONS AND RECORD-KEEPING PROCEDURES A. Inspections 1. Inspections are to be performed every seven (7) calendar days and within 24 hours of a ½ inch rain event by qualified personnel provided by the Contractor. Inspections shall also be performed after major rain events. 2. Inspections should be provided for the following areas and situations: a. Disturbed areas of the construction site and areas used for storage of materials should be inspected for evidence of pollutants entering the drainage system and/or the potential for pollutants to enter the drainage system. b. Structural control measures c. Sediment and erosion control measures identified in the SWPPP should be inspected to ensure they are functioning properly. d. Where discharge locations or points are not accessible, they shall be inspected for the determination of whether erosion control measures are effectively preventing significant impacts to receiving waters. B. Inspection Reports Inspection reports summarizing the scope of the inspection shall be made part of the SWPPP for at least three (3) years from the date the entire site is permanently stabilized. The report should include the name(s) and qualifications of the personnel making the inspection, the date of the inspection and major observations relating to the implementation of the SWPPP. The inspection report shall also include the following: 1. Locations of discharges of sediment or other pollutants from the site. 2. Locations of BMPs that need maintenance or fail to operate as designed or proved inadequate for the location 3. Where additional BMPs are needed that did not exist at the time of the inspection. 4. Identification of any incidents of non-compliance. 391 of 448

392 5. If there are no incidents of non-compliance, certification of compliance with the SWPPP and this permit should be provided. 6. The report will be signed in accordance with Part VI.G of the TPDES General Permit TXR by an owner or corporate officer or by a duly authorized representative. A sample inspection report is provided in Exhibit D of this document. C. Retention of Records A current version of the SWPPP must be kept on the site (during periods of active construction). In association with construction, the Operator must also comply with the following requirements of the TPDES General Permit: 1. The Construction Site Notice (CSN) will be completed and signed. Normally, a copy of the CSN should be mailed to the MS4 Operator forty-eight (48) hours prior to the start of construction. A copy of the CSN and a brief description of the project must be posted in a prominent place for public viewing at the construction site at all times (if applicable). 2. This Plan must identify each contractor and subcontractor engaged in major construction activities. 3. The Operator must sign the appropriate certification statements in this Plan. A copy of the certification statement can be found in Exhibit F. 4. Updates to the SWPPP are required within seven (7) days following an inspection or if there is any change in construction activities that will result in soil disturbance by the contractor or his subcontractor(s). 5. Records of dates when major construction activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained and attached to this Plan. 6. Each permittee must retain the records identified in this document for a minimum period of three (3) years from the date that a general permit is submitted. V. CERTIFICATION Both permittes, the Owner (Dallas County Public Works) and the General Contractor, shall sign the Operator Certification Form for this Plan. The form is located in the Exhibit F section of this document. 392 of 448

393 EXHIBIT A GENERAL LOCATION MAP 393 of 448

394 EXHIBIT B TPDES GENERAL PERMIT TXR AND CONSTRUCTION SITE NOTICE TPDES General Permit TXR is made part of the Contract by reference for all purposes. A copy of the general permit may be downloaded from the following website: mwater/txr pdf 394 of 448

395 EXHIBIT C Structural & Stabilization Best Management Practices (BMPs) 395 of 448

396 1. SOIL STABILIZATION PRACTICES (Select T = Temporary or P = Permanent, as applicable) Temporary Permanent N/A Temporary Seeding Preservation of Nat'l Resources Mulching Flexible Channel Liner Buffer Zones Rigid Channel Liner Planting Soil Retention Blanket Seeding Compost Manufactured Topsoil Sodding Other: Riprap at Culverts 2. STRUCTURAL PRACTICES: (Select T = Temporary or P = Permanent, as applicable) Temporary Permanent N/A Erosion Control Silt Fences Hay Bales Diversion, Interceptor, or Perimeter Dikes Diversion, Interceptor, or Perimeter Swales Diversion, Dike, and Swale Combinations Pipe Slope Drains Paved Flumes Rock Bedding at Construction Exit Timber Matting at Construction Exit Channel Liners Sediment Traps Sediment Basins Storm Inlet Sediment Trap (Curb Inlet Protection) 396 of 448

397 2. STRUCTURAL PRACTICES (cont d): (Select T = Temporary or P = Permanent, as applicable) Temporary Permanent N/A Stone Outlet Structures Curbs and Gutters Storm Sewers Velocity Control Devices OTHER: OTHER: Rock Filter Dams Governing Standards and Specifications for BMPs (where applicable): Curb Inlet Protection see detail in the plans. Silt Fence Rock Filter Dam Construction Exits per TxDOT Std EC(1)-93; exhibit included in contract drawings. per TxDOT Std EC(2)-93; exhibit included in contract drawings. per TxDOT Std EC(3)-93; exhibit included in contract drawings. 397 of 448

398 EXHIBIT D SAMPLE INSPECTION REPORT 398 of 448

399 SWPPP 7 DAY SITE INSPECTION REPORT Project Name: SACHSE ROAD & 5 th Street - MCIP PROJECT NO Project Limits: From S.H. 78 to Miles Road Contractor: Inspector: Permit No: Site Conditions Erosion & Sediment Controls Construction Entrance Installed Effective Notes/Locations of Maintenance needs Sediment Traps Inlet Protection Stabilization Silt Fence Rock Berm Vegetative Buffer Strips Storage Area Discharge Areas Concrete Wash area Fuel Berm Was a copy of the permit language with the SWPPP? Yes No Is the NPDES construction sign posted at the entrance? Yes No 399 of 448

400 Construction Schedule The site is approximately in the following construction stage: SWPPP Modifications Describe any modifications necessary to the SWPPP: Describe locations of any new BMPs necessary: Any Spills of reportable quantity? Yes No If Yes have proper authorities been notified and the SWPPP been noted accordingly? Violations Violations Noted: Recommended Actions: Comments: I certify under penalty of law that this document and all attachments were prepaid under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information. Submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Inspector s Signature: Date: 400 of 448

401 EXHIBIT E SAMPLE DELEGATION LETTER 401 of 448

402 STORMWATER POLLUTION PREVENTION PLAN Date: RE: SWPPP Inspection Sachse Road & 5 th Street from S.H. 78 to Miles Road To Whom It May Concern: This letter is to advise that Mr. John Doe is the ABC Construction Company s representative performing inspections as required by the SWPPP for this project. Mr. Doe has an extensive experience in the road building business. He is knowledgeable in erosion control techniques and has been involved with SWPPP implementation and inspection on a number of previous projects. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signed, Signature Printed Name Title 402 of 448

403 EXHIBIT F OPERATOR CERTIFICATION FORM 403 of 448

404 STORMWATER POLLUTION PREVENTION PLAN Operator Certification Form Date: Owner s Name: The County of Dallas, Texas Department of Public Works 411 Elm Street, 4 th Floor Dallas, TX General Contractor s Name, Mailing Address, and Phone Number: RE: Sachse Road & 5 th Street from S.H. 78 to Miles Road A duly authorized representative of the Owner and the General Contractor must be identified and must sign the following certification statement: Certification Statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. The County of Dallas, Texas Department of Public Works Name of General Contractor Alberta Blair, P.E. Director Responsibility: Owner Signature of Authorized Representative Responsibility: General Contractor Persons signing this certification must do so in compliance with the signatory requirements of the permit as found at CFR : For a corporation: by a responsible corporation officer. This means a President, Vice-President, Secretary, Treasurer, Manager as defined by 40 CFR ( Edition) attached to this version. For a partnership or sole proprietorship: by a general partner or the proprietor. For a municipality, State, Federal or other public agency: a principal executive or ranking elected official. 404 of 448

405 SECTION S GEOTECHNICAL REPORT 405 of 448

406 THIS PAGE INTENTIONALLY LEFT BLANK. 406 of 448

407 407 of 448

408 408 of 448

409 409 of 448

410 410 of 448

411 411 of 448

412 412 of 448

413 413 of 448

414 414 of 448

415 415 of 448

416 416 of 448

417 417 of 448

418 418 of 448

419 419 of 448

420 420 of 448

421 421 of 448

422 422 of 448

423 423 of 448

424 424 of 448

425 425 of 448

426 426 of 448

427 427 of 448

428 428 of 448

429 429 of 448

430 430 of 448

431 431 of 448

432 432 of 448

433 433 of 448

434 434 of 448

435 435 of 448

436 436 of 448

437 437 of 448

438 438 of 448

439 439 of 448

440 440 of 448

441 441 of 448

442 442 of 448

443 443 of 448

444 444 of 448

445 445 of 448

446 446 of 448

447 447 of 448

448 448 of 448