1995 Metric San Antonio District SPECIAL PROVISION 007---382 Legal Relations and Responsibilities to the Public For this project, Item 007, Legal Relations and Responsibilities to the Public, 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 7.1. Laws to be Observed is voided and replaced by the following: 7.1. Laws to be Observed. The Contractor shall be familiar with and at all times shall observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the conduct of the work and shall indemnify and save harmless the State, City Public Service (CPS), and their representatives against any claim arising from the violation of any such law, ordinance or regulation, whether by themselves, their employees or subcontractors. It is specificially agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms of provisions of the contract, other than City Public Service (CPS), which is a third party beneficiary. Article 7.2. Permits, Licenses and Taxes. The first paragraph is supplemented by the following: The Contractor will, upon request by the Engineer, provide evidence of all of the above notices. Article 7.4. Insurance is voided and replaced by the following: 7.4. Insurance. As specified in Article 3.4 and prior to the beginning of work, the Contractor shall provide the Department with the Department's Certificate of Insurance covering the below listed insurance coverages: A. Comprehensive General Liability Insurance Amounts - Bodily Injury $1,000,000 each occurrence Property Damage $1,000,000 each occurrence $1,000,000 for aggregate or $2,000,000 combined single limit 1-10 007---382
Additional Coverages/Endorsements Required: Products/Completed Operations XCU Same as above Same as above B. Comprehensive Automobile Liability Insurance or Texas Business Auto Policy to include coverage where the exposure exists: Amounts - Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $100,000 each occurrence or $600,000 combined single limit This insurance shall be kept in force until the work described in this contract has been completed and accepted by the Department. If for any reason insurance coverage is not kept in force, all work will be stopped until an acceptable Certificate of Insurance is provided the Department. The State and City Public Service (CPS), shall be included as an "Additional Insured" by Endorsement to policies issued for coverages listed in A and B above. A "Waiver of Subrogation Endorsement" in favor of the State and City Public Service (CPS), shall be a part of each policy for coverages listed in A and B above. The Contractor shall be responsible for any deductions stated in the policy. C. Workers' Compensation Insurance. The Contractor certifies by signing this contract that, for the work covered by this contract, he and all subcontractors will comply with all applicable laws, rules and regulations pertaining to workers' compensation insurance or legitimate alternates thereto. Article 7.8. Barricades and Danger, Warning and Detour Signs and Traffic Handling. The third paragraph is voided and replaced by the following: 7.8. Barricades and Danger, Warning and Detour Signs and Traffic Handling. Upon completion of the work, with the exception of performance test, maintenance and vegetative establishment periods, all standard barricades and signs and other traffic control devices shall be removed by the Contractor. In those instances where the above mentioned periods are still in effect, the Contractor shall utilize temporary traffic control devices conforming to the TMUTCD to accommodate work performed during these periods. Article 7.11. Responsibility for Damage Claims is supplemented by the following: The Contractor may not assert any claim or bring any type of legal action (including Original Action, Third Party Action, or Cross Claim) against any Commissioner, or individual employee of the Texas Department of Transportation or City Public Service (CPS), or their employees for 2-10 007---382
any cause of action or claim for alleged negligence arising out of the project or contract. In the event any such claim is asserted or any such legal action is brought by the Contractor, the Contractor will be ineligible to bid on any contract with the Texas Department of Transportation during the pendency of such claim or legal action. Article 7.12. Contractor's Responsibility for Work is voided and replaced by the following: 7.12. Contractor's Responsibility for Work. Until final written acceptance of the project by the Engineer, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. In case of suspension of work for any cause, the Contractor shall be responsible for the preservation of all materials. He shall provide suitable drainage of the roadway and shall erect temporary structures where required. The Contractor shall maintain the roadway in good and passable condition until final acceptance, except as outlined below for opening the roadway to traffic. Wherever in the opinion of the Engineer, any roadway or portion thereof is in suitable condition for travel, it shall be opened to traffic, as may be directed, and such opening shall not be held to be in any way the final acceptance of the roadway or any part of it or as a waiver of any of the provisions of the contract. Where it is considered by the Engineers to be in the public interest and so ordered in writing by him, any substantially completed roadway or portion thereof may be opened to traffic as follows: (1) When required by plans, job sequence or the approved traffic control plan, with the Department accepting responsibility for maintaining that portion of the roadway opened to traffic. (2) When work is suspended for a period of time at the convenience of the State, the Department will assume the responsibility for maintaining the entire roadway during the period of suspension; or (3) When the roadway or portion thereof is opened to traffic during construction operations at the convenience of the State, the Department will assume responsibility for the maintenance of the traveled way and shoulders during the period in which it is opened to traffic. The State in assuming responsibility for maintenance under this provision may require the work to be done in accordance with Article 4.3, or may do it with its own forces; provided, however, this shall not change the legal responsibilities set out in Article 7.11. Except for damage by the Contractor or that caused by the Contractor's operations, the Contractor will not be responsible for repair of damage to existing facilities or completed and accepted work such as guard fence, bridge wings, and railing, illumination assemblies, underpass structures, traffic barriers, delineator assemblies, signs, sign bridges, changeable message signs, vehicle impact attenuators (crash cushions and guardrail end treatments) and traffic signals, where such damage is caused by (a) motor-vehicle, seacraft, aircraft or railroad-train collision; (b) vandalism; (c) Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of natures; or (d) Acts of Governmental Authorities. 3-10 007---382
Upon completion of all work provided for in the contract for any individual limits, control or project, the Engineer may make an inspection, and if the work is found to be satisfactory, the Contractor will be released from further maintenance on that portion of the work, except for damage caused by the Contractor or his operations. Such partial acceptance will be made in writing and shall in no way void or alter any terms of the contract. Other specific units of the project will be accepted on an individual basis when shown on the plans or as approved by the Engineer. Article 7.17. Preservation of Cultural Resources is voided and replaced by the following: Article 7.17. Preservation of Cultural Resources, Natural Resources and the Environment. For all project specific locations (PSL s) (material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.) the Contractor certifies by signing this contract that he and all subcontractors will comply 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. U.S. Department of Transportation U.S. Army Corps of Engineers U.S. Federal Emergency Management Agency U.S. Fish and Wildlife Service U.S. Environmental Protection Agency Texas Department of Transportation Texas Historical Commission Texas Parks and Wildlife Department Texas Natural Resource Conservation Commission The Contractor and all subcontractors will be required to maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions, contacts with the resource agencies, and correspondence with the pertinent resource agency. This documentation will be provided upon request. The following Resource Agency Contact List provides information to assist the Contractor with specific environmental issues. 4-10 007---382
U.S. Army Corps of Engineers Issues involving waters of the U.S., including navigable waterways and wetlands, subject to the Clean Water Act, Section 404. Regulatory Branch of the Tulsa District Regulatory Branch of the Fort Worth 1645 South 101 st East Avenue District Tulsa, Oklahoma 74128-4629 819 Taylor Street, Room 3A37 (918) 669-7400/7401 Post Office Box 17300 Fort Worth, Texas 76102-0300 districts: Amarillo, Childress 1, (817) 886-1731 Wichita Falls 1 districts: Abilene, Atlanta 2,Austin, Brownwood, Bryan 4, Dallas, Fort Worth, Larado 3, 4, Lubbock 2, Lufkin 4, Paris 2, San Angelo 3, San Antonio 4, Tyler, Waco Regulatory Branch of the Albuquerque District Regulatory Branch of the Galveston District 4101 Jefferson Plaza NE, Room 313 Post Office Box 1229 Albuquerque, New Mexico 87109-3435 Galveston, Texas 77553-1229 (505) 342-3283 (409) 766-3930 districts: El Paso, Odessa 1 districts: Beaumont, Corpus Christi, Houston, Pharr, Yoakum 1 The following counties or portions of the counties are located in the USACE Fort Worth District - Andrews, Archer, Baylor, Clay, Cooke, Dickens, Ector, King, Knox, Martin, Midland, Montague, Motley, Throckmorton, Upton, Young. 2 The following counties or portions of the counties are located in the USACE Tulsa District - Castro, Bowie, Fannin, Grayson, Lamar, Parmer, Red River, Swisher, Floyd. 3 The following counties or portions of the counties are located in the USACE Albuquerque District - Crockett, Reagan, Val Verde. 4 The following counties or portions of the counties are located in the USACE Galveston District - Duval, McMullen, Polk, San Jacinto, Trinity, Walker. U.S. Federal Emergency Management Agency Issues involving activities in FEMA mapped floodplains and associated floodplain ordinances of local jurisdictions participating in the National Flood Insurance Program (NFIP). Note - FEMA Region VI and the TCEQ maintains a Floodplain Administrators List for cities and counties in Texas. 5-10 007---382
Federal Emergency Management Agency Natural and Technological Hazards Division Region VI Federal Regional Center 800 North Loop 288 Denton, Texas 76209 (940) 898-5399 Contact the city or county in which the project is located for all districts. U.S. Fish and Wildlife Service Issues involving endangered species and their habitat. Ecological Services Ecological Services 10711 Burnet Road, Suite 200 C/O TAMU-CC, Campus Box 338 Austin, Texas 78758 6300 Ocean Drive (512) 490-0057 Corpus Christi, Texas 78412 (361) 994-9005 districts: Austin, El Paso, Odessa, San Angelo, San Antonio, Waco districts: Corpus Christi, Laredo, Pharr, Yoakum Ecological Services Ecological Services 711 Stadium Dr. East, Suite 252 17629 El Camino Real, Suite 211 Arlington, Texas 76011 Houston, Texas 77058-3051 (817) 277-1100 (281) 286-8282 districts: Abilene, Atlanta, Amarillo, districts: Beaumont, Bryan, Houston, Brownwood, Childress, Dallas, Fort Lufkin Worth, Lubbock, Paris, Tyler, Wichita Falls U.S. Environmental Protection Agency Issues involving discharge of dredged or fill material to waters, including wetlands, subject to the Clean Water Act, Section 404. Note - The initial contract will be with the Army Corps of Engineers. The Army Corps of Engineers will coordinate with the EPA. Marine and Wetlands Section USEPA Region 6 1445 Ross Avenue Suite 1200 Dallas, Texas 75202 (214) 665-7167 or 8336 Contact for projects in all districts. 6-10 007---382
Issues involving hazardous waste discovered on a proposed site, contact the following based upon the nature of the material. Note - The initial contact should be to the TCEQ's Emergency Response Team. The TCEQ will coordinate with the EPA. Office of Underground Storage Tanks Superfund Site Assessment Team USEPA Region 6 USEPA Region 6 1445 Ross Avenue 1445 Ross Avenue Suite 1200 Suite 1200 Dallas Texas, 75202 Dallas Texas, 75202 (214) 665-6760 (214) 665-6784 or 6740 Contact for projects in all districts. Texas Historical Commission Issues involving archeological or historic sites on public lands or lands subject to the National Historic Preservation Act. Archeology Division PO Box 12276 Austin, Texas 78711 (512) 463-6094 or 6096 Contact for projects in all districts. Texas Commission on Environmental Quality Issues involving industrial or municipal wastes, Texas Pollutant Discharge Elimination System (TPDES) stormwater permits for construction, and 401 water quality certification of federally issued permits, including Section 404 permits. TCEQ, Region 1, Amarillo TCEQ, Region 2, Lubbock 3918 Canyon Dr. 4630 50 th St., Ste. 600 Amarillo, Texas 79109-4933 Lubbock, Texas 79414-3520 (806) 353-9251 (806) 796-7092 counties: Armstrong, Briscoe, Carson, counties: Bailey, Cochran, Crosby, Castro, Childress, Collingsworth, Dickens, Floyd, Garza, Hale, Hockley, Dallam, Deaf Smith, Donley, Gray, King, Lamb, Lubbock, Lynn, Motley, Hall, Hansford, Hartley, Hemphill, Terry, Yoakum Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler 7-10 007---382
TCEQ, Region 3, Abilene TCEQ, Region 4, Dallas/Fort Worth 1977 Industrial Blvd. 2301 Gravel Dr. Abilene, Texas 79602-7833 Fort Worth, Texas 76118-6951 (915) 698-9674 (817) 588-5800 counties: Archer, Baylor, Brown, counties: Collin, Cooke, Dallas, Denton, Callahan, Clay, Coleman, Comanche, Ellis, Erath, Fannin, Grayson, Hood, Hunt, Cottle, Eastland, Fisher, Foard, Johnson, Kaufman, Navarro, Palo Pinto, Hardeman, Haskell, Jack, Jones, Kent, Parker, Rockwall, Somervell, Tarrant, Knox, Mitchell, Montague, Nolan, Wise Runnels, Scurry, Shackelford, Stephens, Stonewall, Taylor, Throckmorton, Wichita, Wilbarger, Young TCEQ, Region 5, Tyler TCEQ, Region 6, El Paso 2916 Teague Dr. 401 E. Franklin Ave., Ste. 560 Tyler, Texas 75701-3756 El Paso, Texas 79901-1206 (903) 535-5100 (915) 834-4949 counties: Anderson, Bowie, Camp, counties: Brewster, Culberson, El Paso, Cass, Cherokee, Delta, Franklin, Hudspeth, Jeff Davis, Presidio Gregg, Harrison, Henderson, Hopkins, Lamar, Marion, Morris, Panola, Rains, Red River, Rusk, Smith, Titus, Upshur, Van Zandt, Wood TCEQ, Region 7, Midland TCEQ, Region 8, San Angelo 3300 N. A St., Bldg. 4, Ste. 107 622 S. Oakes, Ste. K Midland, Texas 79705-5404 San Angelo, Texas 76903-7013 (915) 570-1359 (915) 655-9479 counties: Andrews, Borden, Crane, counties: Coke, Concho, Crockett, Dawson, Ector, Gaines, Glasscock, Irion, Kimble, Mason, McCulloch, Menard, Howard, Loving, Martin, Midland, Reagan, Schleicher, Sterling, Sutton, Pecos, Reeves, Terrell, Upton, Ward, Tom Green Winkler TCEQ, Region 9, Waco TCEQ, Region 10, Beaumont 6801 Sanger Ave., Ste 2500 3870 Eastex Fwy. Waco, Texas 76710-7826 Beaumont, Texas 77703-1892 (254) 751-0335 (409) 898-3838 counties: Bell, Bosque, Brazos, counties: Angelina, Hardin, Houston, Burleson, Coryell, Falls, Freestone, Jasper, Jefferson, Nacogdoches, Newton, Grimes, Hamilton, Hill, Limestone, Orange, Polk, Sabine, San Augustine, Lampasas, Leon, Madison, McLennan, San Jacinto, Shelby, Trinity, Tyler Milam, Mills, Robertson, San Saba, Washington 8-10 007---382
TCEQ, Region 11, Austin TCEQ, Region 12, Houston 1921 Cedar Bend Dr., Ste. 150 5425 Polk Ave., Ste. H Austin, Texas 78758-5336 Houston, Texas 77023-1486 (512) 339-2929 (713) 767-3500 counties: Bastrop, Blanco, Burnet, counties: Austin, Brazoria, Chambers, Caldwell, Fayette, Hays, Lee, Llano, Colorado, Fort Bend, Galveston, Harris, Travis, Williamson Liberty, Matagorda, Montgomery, Walker, Waller, Wharton TCEQ, Region 13, San Antonio TCEQ, Region 14, Corpus Christi 14250 Judson Rd. 6300 Ocean Dr., Ste. 1200 San Antonio, Texas 78233-4480 Corpus Christi, Texas 78412-5503 (210) 490-3096 (361) 825-3100 counties: Atascosa, Bandera, Bexar, counties: Aransas, Bee, Calhoun, DeWitt, Comal, Edwards, Frio, Gillespie, Goliad, Gonzales, Jackson, Jim Wells Guadalupe, Karnes, Kendall, Kerr, Kleberg, Lavaca, Live Oak, Nueces, Medina, Real, Uvalde, Wilson Refugio, San Patricio, Victoria TCEQ, Region 15, Harlingen TCEQ, Region 16, Laredo 1804 West Jefferson Ave. 1403 Seymour, Ste. 2 Harlingen, Texas 78550-5247 Laredo, Texas 78040-8752 (956) 425-6010 (956) 791-6611 counties: Brooks, Cameron, Hildago, counties: Dimmit, Duval, Kinney, Jim Hogg, Kenedy, Starr, Willacy La Salle, Maverick, McMullen, Val Verde, Webb, Zapata, Zavala Texas Parks and Wildlife Department Issues involving removal of sand, gravel and other materials from within tidewater limits, certain freshwater areas and islands within the tidewater limits or freshwater areas. Wildlife Diversity Program Wildlife Division Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 (512) 389-4771 Contact for projects in all districts. If sites, buildings and locations of historical, archaeological, educational or scientific interest are discovered within the right of way or within non-commercial material sources outside the right of way after construction operations are begun, operation in that particular area shall cease 9-10 007---382
immediately and the sites, buildings or locations shall be investigated and evaluated by the Department. 7.22. Excluded Parties. The bidder certifies by signing this proposal, that if awarded the contract for the work covered by this proposal, he shall not enter into any subcontract with a subcontractor that is debarred or suspended by any federal agency. 10-10 007---382