1993 Specifications CSJ 0914-00-196 SPECIAL PROVISION 007--1157 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 7.4. 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 $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate Commercial General Liability Insurance Amount $600,000 combined single limit B. Comprehensive Automobile Liability Insurance or Texas Business Auto Policy Amounts - Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence or 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 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 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. 1-10 007--1157
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 for 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. 2-10 007--1157
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. Wherever the work provided for and contemplated under the contract and any project work orders have been found by the Engineer, based upon an inspection by him, to be satisfactorily completed on any individual signalized intersection and final cleaning up of said signalized intersection has been performed, the Engineer in charge of the work will make an inspection, and if the work has been found to be satisfactory, the Contractor will be released from further maintenance of that particular intersection, 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. Article 7.14. Responsibilities to the Railroad Companies is voided and replaced by the following: A. General. If the work crosses or is in close proximity to a railroad, do not interfere with the use or operation of the railroad company s trains or other property. Assign responsible supervisory personnel to ensure that tracks and adjacent areas are clear of debris, road materials, and equipment. It is the Contractor s responsibility to contact the railroad to determine the railroad s requirements for work within the railroad right of way and to comply to the requirements. The department will not reimburse the Contractor for any cost associated with these requirements. If the work requires construction within 25 ft. horizontally of the near rail or if the tracks may be subject to obstruction due to construction operations, notify the Engineer and Roadmaster at least 3 days before performing work. The railroad company will provide flaggers during this work. If railroad flaggers will be needed longer than 2 consecutive days, request them at least 30 days before performing work within the railroad right of way. Flaggers provided by the railroad company will be paid for by the Department. Do not store material or equipment in the Railroad s right of way within 15 ft. of the centerline of any track. Do not place any forms or temporary false work within 8.5 ft. horizontally from the centerline or 22 ft. vertically above the top of rails of any track, unless otherwise shown on the plans. B. Temporary Crossings. If a temporary crossing is needed, obtain permission from the railroad company before crossing the tracks. Execute the Agreement for Contractor s 3-10 007--1157
Temporary Crossing if required by the Railroad Company. Ensure that the tracks are left clear of equipment and debris that would endanger the safe operation of railroad traffic. Provide a crossing guard on each side of the crossing to direct equipment when hauling across the tracks. Stop construction traffic a safe distance away from the crossing upon the approach of railroad traffic. Work for temporary crossings will not be paid for directly, but is subsidiary to Items of the Contract. Work performed by the railroad company for the temporary crossing, except flaggers, will be at the Contractor s expense. 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 Contractors with specific environmental issues. 4-10 007--1157
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 TNRCC maintains a Floodplain Administrators List for cities and counties in Texas. 5-10 007--1157
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--1157
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 TNRCC's Emergency Response Team. The TNRCC 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 Natural Resource Conservation Commission 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. TNRCC, Region 1, Amarillo TNRCC, 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--1157
TNRCC, Region 3, Abilene TNRCC, 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 TNRCC, Region 5, Tyler TNRCC, 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 TNRCC, Region 7, Midland TNRCC, 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 TNRCC, Region 9, Waco TNRCC, 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--1157
TNRCC, Region 11, Austin TNRCC, 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 TNRCC, Region 13, San Antonio TNRCC, 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 TNRCC, Region 15, Harlingen TNRCC, 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--1157
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--1157