Loading...
Addendum_4_-_8472_Bonnie_Brae_Phase_6_-_Project_Manual_Updated_8.22 (1)PROJECT MANUAL FOR THE CONSTRUCTION OF Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction Bid No. 8472 Federal Project No. CM 2022 (916) TxDOT CSJ 0918-46-319 Gerard Hudspeth Sara Hensley Mayor City Manager Brett Bourgeois, P.E. City Engineer Stephen Gay Director, Water and Wastewater Prepared for The City of Denton 2024 Texas PE Firm Reg #F‐929   Table of Contents  Proposal Documents 1  00 05 15 Addenda        1   00 11 13 Invitation to Bidders       2   00 21 13 Instructions to Bidders       4   00 35 13 Conflict of Interest Affidavit      15   00 41 00 Bid Form        17   00 42 43 Unit Price Proposal Form      20   00 43 13 Bid Bond        27   00 43 36 Proposed Subcontractors Form      29   00 45 13 Bidders Minimum Qualification Statement    31   00 45 26 Contractors Compliance with Workers Compensation Law  38   00 45 43 Corporate Resolution of Authorizing Signatories    40   Contract Documents 41  00 52 43 Agreement        41   00 61 13 Performance Bond       49   00 61 14 Payment Bond        51   00 61 25 Certificate of Insurance       53   00 72 00 General Conditions       54   00 73 00 Supplementary Conditions      125   00 73 73 Form 1295 – Certificate of Interested Parties    131  Contract Specifications Local Government General Requirements and Covenants 132 1L  Abbreviations and Definitions       136  2L  Instructions to Bidders        146  3L  Award and Execution of Contract      152  4L Scope of Work         155  5L  Control of the Work        159  6L  Control of Materials        165  7L  Legal Relations and Responsibilities      170  8L  Prosecution and Progress       180  9L  Measurement and Payment       189  Disadvantaged Business Enterprise Requirements 195 Engineer’s Certification 196 Index of Governing Standard Specifications 197 Special Provisions: Federal-Aid Construction Contracts 200 SP000‐002L Nondiscrimination       200  SP000‐003L Certification of Nondiscrimination in Employment    202  SP000‐004L Notice of Requirement for Affirmative Action to Ensure Equal Employment  Opportunity (Executive Order 11246)     203  SP000‐005L Standard Federal Equal Employment Opportunity Construction Contract  Specifications        207  SP000‐241L Cargo Preference Act Requirements in Federal Aid Contracts  211  SP000‐394L Disadvantaged Business Enterprise in Federal‐Aid Contracts  212  SP000‐1243L Schedule of Liquidated Damages     219  SP002‐009L Instructions to Bidders       220  SP006‐040L Control of Materials       221  SP007‐011L Legal Relations and Responsibilities     224  SP009‐011L Measurement and Payment      227  SP506‐001L Temporary Erosion, Sedimentation and Environmental Controls  228  FHWA 1273 Required Contract Provisions Federal‐Aid Construction Contracts 239  FHWA 1273 Wage Rates        253  Certification Regarding Lobbying       256  Child Support Business Ownership Form       259  Child Support Statement        260  Contractor’s Assurance         261  Title 2 CFR 200.216 & 200.471 Statement      262  Special Specifications 263  3077 Superpave Mixtures        263   6010 Closed Circuit Television (CCTV) Field Equipment    295   6292 Radar Vehicle Detection System for Signalized Intersection Control  312  DENT‐7000 Water and Sanitary Sewer Construction and Adjustments  318  SS5116 Amphibian and Reptile Exclusion Fence      324  Appendix  Geotechnical Investigation      Note: If there is any conflict in the contract language, TxDOT items 1L  through 9L, Special Specifications, and Special Provisions will  control.    00 05 15 ADDENDA Page 1 of 1 CITY OF DENTON [Insert Bid Number] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Engineering Project Number] Revised November 23, 2020 Effective January 15, 2021 SECTION 00 05 15 1 ADDENDA 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with any addenda 6 issued during bidding.] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 91 00 11 13 INVITATION TO BIDDERS Page 1 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 11 13 1 INVITATION TO BIDDERS 2 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction will 5 be received by the City of Denton Purchasing Office as outlined at 6 http://dentontx.ionwave.net/CurrentSourcingEvents.aspx. 7 8 GENERAL DESCRIPTION OF WORK 9 The major work will consist of the (approximate) following: Widen Bonnie Brae Street from 4 10 lanes undivided to 4 lanes divided with sidewalk and shared use path from US 380 to US 77 11 (approximately 1.7 Miles) and widen Riney Road from 2 lanes to 3 lanes from Bonne Street to 12 Hardaway Road (approximately 1500 feet). 13 14 DOCUMENT EXAMINATION AND PROCUREMENTS 15 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 16 of Denton’s Purchasing Division website at http://dentontx.ionwave.net. The Contract Documents 17 may be downloaded, viewed, and printed by interested contractors and/or suppliers. The 18 contractor is required to fill out the Certificate of Interested Parties Form 1295 and the 19 form must be submitted to the Project Manager before the contract will be presented to the 20 City Council. The form can be obtained at https://www.ethics.state.tx.us/tec/1295-Info.htm . 21 22 PREBID CONFERENCE 23 A prebid conference will be held as described in Section 00 21 13 - INSTRUCTIONS TO 24 BIDDERS at the following location, date, and time outlined in the City’s solicitation website. To 25 view pre-bid invitation log-in to your account at http://dentontx.ionwave.net, and click the 26 ‘Activities’ tab of this solicitation. 27 28 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 29 City reserves the right to waive irregularities and to accept or reject bids. 30 31 FUNDING 32 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 33 revenues generated from Federal Work Program numbers 2305 and 2307 and local funds 34 dedicated by City of Denton to the work under this INVITATION TO BIDDERS. 35 36 37 2 00 11 13 INVITATION TO BIDDERS Page 2 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 INQUIRIES 1 All inquiries relative to this procurement should be addressed in the City’s solicitations website. 2 To submit and view questions log-in to your account at http://dentontx.ionwave.net, and click the 3 ‘Questions’ tab of this solicitation. 4 5 END OF SECTION 6 3 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms4 5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Successful Bidder: The lowest responsible and responsive Bidder to whom City 16 (on the basis of City's evaluation as hereinafter provided) makes an award. 17 18 1.2.3. Purchasing Agent: City designated representative to assist in solicitation of bids 19 from vendors for City contracts. 20 21 2. Copies of Bidding Documents22 23 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 24 resulting from the Bidders use of incomplete sets of Bidding Documents. 25 26 2.2. City and Engineer in making Bidding Documents available do so only for the purpose of 27 obtaining Bids for the Work and do not authorize or confer a license or grant for any 28 other use. 29 30 3. Minimum Qualifications31 32 3.1. The following minimum requirements must be demonstrated in order for the submission 33 to be considered responsive. The form can be found in Section 00 45 13 – Bidder’s 34 Minimum Qualification Statement. 35 36 3.1.1. Bidder shall provide documentation demonstrating three (3) years minimum 37 experience providing services similar to those indicated in Section 00 11 13 – 38 Invitation to Bidders. 39 40 3.1.2. Bidder shall provide documentation of three (3) references from governmental 41 entities for which Bidder has performed similar services to those indicated in 42 Section 00 11 13 – Invitation to Bidders. 43 44 3.1.3. Bidder shall fill out provided safety record questionnaire. 45 46 4. Additional Prequalification of Bidders (Prime Contractors and Subcontractors)47 None 48 4 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 1 4.1. Special qualifications required for this project include the following: 2 3 4.1.1. None 4 5 5. Examination of Bidding and Contract Documents, Other Related Data, and Site6 7 5.1. Before submitting a Bid, each Bidder shall: 8 9 5.1.1. Examine and carefully study the Contract Documents and other related data 10 identified in the Bidding Documents (including "technical data" referred to in 11 Paragraph 5.2 below). No information given by City or any representative of the 12 City other than that contained in the Contract Documents and officially 13 promulgated addenda thereto, shall be binding upon the City. 14 15 5.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 16 site conditions that may affect cost, progress, performance or furnishing of the 17 Work. 18 19 5.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 20 progress, performance or furnishing of the Work. 21 22 5.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 23 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, 24 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 25 Nondiscrimination in Federally-assisted programs of the Department of 26 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 27 affirmatively insure that in any contract entered into pursuant to this advertisement, 28 disadvantaged business enterprises will be afforded full opportunity to submit bids 29 in response to this invitation and will not be discriminated against on the grounds of 30 race, color, or national origin in consideration of award. 31 32 5.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 33 contiguous to the Site and all drawings of physical conditions relating to existing 34 surface or subsurface structures at the Site (except Underground Facilities) that 35 have been identified in the Contract Documents as containing reliable "technical 36 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 37 at the Site that have been identified in the Contract Documents as containing 38 reliable "technical data." 39 40 5.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 41 the information which the City will furnish. All additional information and data 42 which the City will supply after promulgation of the formal Contract Documents 43 shall be issued in the form of written addenda and shall become part of the Contract 44 Documents just as though such addenda were actually written into the original 45 Contract Documents. No information given by the City other than that contained in 46 the Contract Documents and officially promulgated addenda thereto, shall be 47 binding upon the City. 48 49 5 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 5.1.7. Perform independent research, investigations, tests, borings, and such other means 1 as may be necessary to gain a complete knowledge of the conditions which will be 2 encountered during the construction of the project. On request, City may provide 3 each Bidder access to the site to conduct such examinations, investigations, 4 explorations, tests and studies as each Bidder deems necessary for submission of a 5 Bid. Bidder must fill all holes and clean up and restore the site to its former 6 conditions upon completion of such explorations, investigations, tests and studies. 7 8 5.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 9 cost of doing the Work, time required for its completion, and obtain all information 10 required to make a proposal. Bidders shall rely exclusively and solely upon their 11 own estimates, investigation, research, tests, explorations, and other data which are 12 necessary for full and complete information upon which the proposal is to be based. 13 It is understood that the submission of a proposal is prima-facie evidence that the 14 Bidder has made the investigation, examinations and tests herein required. Claims 15 for additional compensation due to variations between conditions actually 16 encountered in construction and as indicated in the Contract Documents will not be 17 allowed. 18 19 5.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 20 between the Contract Documents and such other related documents. The Contractor 21 shall not take advantage of any gross error or omission in the Contract Documents, 22 and the City shall be permitted to make such corrections or interpretations as may 23 be deemed necessary for fulfillment of the intent of the Contract Documents. 24 25 5.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 26 27 5.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 28 the site which have been utilized by City in preparation of the Contract Documents. 29 The logs of Soil Borings, if any, on the plans are for general information only. 30 Neither the City nor the Engineer guarantee that the data shown is representative of 31 conditions which actually exist. 32 33 5.2.2. those drawings of physical conditions in or relating to existing surface and 34 subsurface structures (except Underground Facilities) which are at or contiguous to 35 the site that have been utilized by City in preparation of the Contract Documents. 36 37 5.2.3. copies of such reports and drawings will be made available by City to any Bidder 38 on request. Those reports and drawings may not be part of the Contract 39 Documents, but the "technical data" contained therein upon which Bidder is entitled 40 to rely as provided in Paragraph 5.03. of the General Conditions has been identified 41 and established in Paragraph SC 5.03 of the Supplementary Conditions. Bidder is 42 responsible for any interpretation or conclusion drawn from any "technical data" or 43 any other data, interpretations, opinions or information. 44 45 6 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 5.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 1 that Bidder has complied with every requirement of this Paragraph 5, (ii) that without 2 exception the Bid is premised upon performing and furnishing the Work required by the 3 Contract Documents and applying the specific means, methods, techniques, sequences or 4 procedures of construction (if any) that may be shown or indicated or expressly required 5 by the Contract Documents, (iii) that Bidder has given City written notice of all 6 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 7 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 8 etc., have not been resolved through the interpretations by City as described in 9 Paragraph 7, and (iv) that the Contract Documents are generally sufficient to indicate 10 and convey understanding of all terms and conditions for performing and furnishing the 11 Work. 12 13 5.4. The provisions of this Paragraph 5, inclusive, do not apply to Asbestos, Polychlorinated 14 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 15 Paragraph 5.06. of the General Conditions, unless specifically identified in the Contract 16 Documents. 17 18 5.5. The Bidder acknowledges and agrees to comply with the requirements of City Ethics 19 Ordinance No. 18-157. 20 21 6. Availability of Lands for Work, Etc.22 23 6.1. The lands upon which the Work is to be performed, rights-of-way and easements for 24 access thereto and other lands designated for use by Contractor in performing the Work 25 are identified in the Contract Documents. All additional lands and access thereto 26 required for temporary construction facilities, construction equipment or storage of 27 materials and equipment to be incorporated in the Work are to be obtained and paid for 28 by Contractor. Easements for permanent structures or permanent changes in existing 29 facilities are to be obtained and paid for by City unless otherwise provided in the 30 Contract Documents. 31 32 6.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 33 in Paragraph SC 5.01 of the Supplementary Conditions. In the event the necessary right-34 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 35 the award of contract at any time before the Bidder begins any construction work on the 36 project. 37 38 6.3. The Bidder shall be prepared to commence construction without all executed right-of-39 way, easements, and/or permits, and shall submit a schedule to the City of how 40 construction will proceed in the other areas of the project that do not require permits 41 and/or easements. 42 43 7. Interpretations and Addenda44 45 7 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 7.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 1 the City in Ionwave on or before the deadline advertised on this solicitation’s page at 2 http://dentontx.ionwave.net. Questions received after this day WILL NOT be 3 responded to. Interpretations or clarifications considered necessary by City in response 4 to such questions will be issued by Addenda delivered to all parties recorded by City as 5 having received the Bidding Documents or by responding to individual questions via this 6 solicitation’s page at http://dentontx.ionwave.net. Only questions answered by formal 7 written Addenda will be binding. Oral and other interpretations or clarifications will be 8 without legal effect. 9 10 Address questions for this solicitation’s IONWAVE page to the ‘Questions’ tab 11 (dentontx.ionwave.net). 12 13 7.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 14 City. 15 16 7.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 17 located by visiting and logging-in to the City of Denton’s Purchasing solicitation website 18 at http://dentontx.ionwave.net and clicking on this solicitation’s link. 19 20 7.4. A pre-bid conference may be held at the time and place indicated in the Advertisement or 21 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 22 Project. Bidders are encouraged to attend and participate in the conference. City will 23 transmit to all prospective Bidders of record such Addenda as City considers necessary 24 in response to questions arising at the conference. Oral statements may not be relied 25 upon and will not be binding or legally effective. 26 27 8. Bid Security28 29 8.1. Each Bid for projects over $100,000, must be accompanied by Bid Bond made payable to 30 City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, 31 issued by a surety meeting the requirements of Paragraphs 6.01 of the General 32 Conditions. 33 34 8.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 35 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 36 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 37 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 38 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 39 other Bidders whom City believes to have a reasonable chance of receiving the award 40 will be retained by City until final contract execution. 41 42 9. Contract Times43 The number of days within which, or the dates by which, Milestones are to be achieved in 44 accordance with the General Requirements and the Work is to be completed and ready for 45 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 46 attached Bid Form. 47 48 8 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 10. Liquidated Damages1 Provisions for liquidated damages are set forth in Special Provision SP000-1243L 2 3 11. Substitute and "Or-Equal" Items4 The Contract, if awarded, will be on the basis of materials and equipment described in the 5 Bidding Documents without consideration of possible substitute or "or-equal" items. 6 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-7 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 8 City, application for such acceptance will not be considered by City until after the Effective 9 Date of the Agreement. The procedure for submission of any such application by Contractor 10 and consideration by City is set forth in Paragraphs 7.06 and 7.07 of the General Conditions. 11 12 12. Subcontractors, Suppliers and Others13 14 12.1. No Contractor shall be required to employ any Subcontractor, Supplier, other person 15 or organization against whom Contractor has reasonable objection. 16 17 13. Bid Form18 19 13.1. The Bid Form is included with the Bidding Documents; additional copies may be 20 obtained from the City. 21 22 13.2. All blanks on the Bid Form must be completed and the Bid Form signed. Erasures or 23 alterations shall be initialed by the person signing the Bid Form. A Bid price shall be 24 indicated for each Bid item, alternative, and unit price item listed therein. In the case 25 of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may 26 be entered. Bidder shall state the prices, in both words and numerals, for which the 27 Bidder proposes to do the work contemplated or furnish materials required. If 28 handwritten, all prices shall be written legibly. In case of discrepancy between price 29 in written/typed words and the price in written/typed numerals, the price in 30 written/typed words shall govern. 31 32 13.3. Bids by corporations shall be executed in the corporate name by the president or a 33 vice-president or other corporate officer accompanied by evidence of authority to 34 sign, as provided herein, Section 00 45 43 – Corporate Resolution of Authorized 35 Signatories. The corporate address and state of incorporation shall be shown below 36 the signature. 37 38 13.4. Bids by partnerships shall be executed in the partnership name and signed by a 39 partner, whose title must appear under the signature accompanied by evidence of 40 authority to sign. The official address of the partnership shall be shown below the 41 signature. 42 43 13.5. Bids by limited liability companies shall be executed in the name of the firm by a 44 member and accompanied by evidence of authority to sign. The state of formation of 45 the firm and the official address of the firm shall be shown. 46 47 13.6. Bids by individuals shall show the Bidder's name and official address. 48 49 9 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 13.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 1 on the Bid Form. The official address of the joint venture shall be shown. 2 3 13.8. All names shall be typed below the signature. 4 5 13.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 6 which shall be filled in on the Bid Form. 7 8 13.10. Postal and e-mail addresses and telephone number for communications regarding the 9 Bid shall be shown. 10 11 13.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 12 Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 13 to State Law Non Resident Bidder. 14 15 14. Submission of Bids16 17 14.1. Bids may be submitted electronically or by hard copy. Electronic submittals must be 18 submitted using this solicitation’s page in http://dentontx.ionwave.net. Electronic 19 submittals will not be accepted via email. 20 21 14.2. Hard copies of bid bonds shall be submitted for both electronic and hard copy 22 submissions. Bonds must be submitted in a sealed envelope before the due date and 23 time as indicated in Section 00 11 13 – Invitation to Bidders. 24 25 14.3. Bids shall be submitted on the prescribed Bid Form, provided with the Bidding 26 Documents, at the time and place indicated in the Advertisement or INVITATION 27 TO BIDDERS. 28 29 14.4. Hard copy submittals shall be enclosed in an opaque sealed envelope, marked with 30 the Bid Number, Project Title, the name and address of Bidder, and accompanied by 31 the Bid security and other required documents, as indicated in Section 00 41 00 – Bid 32 Form. If the Bid is sent through the mail or other delivery system, the sealed 33 envelope shall be enclosed in a separate envelope with the notation "BID 34 ENCLOSED" on the face of it. 35 36 14.5. Hard copy submissions shall also include a flash drive, containing a complete copy of 37 the response 38 39 14.6. Address Hard copy submissions as follows: 40 41 City of Denton 42 901-B Texas Street43 Denton, TX 7620944 Attn: Materials Management/Purchasing Division, BID NUMBER 847245 46 Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction47 48 10 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 15. Modification and Withdrawal of Bids1 2 15.1. Bids addressed to the Purchasing Agent and filed with the Purchasing Division may 3 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 4 made in writing by an appropriate document duly executed in the manner that a Bid 5 must be executed and delivered to the place where Bids are to be submitted at any 6 time prior to the opening of Bids. After all Bids not requested for withdrawal are 7 opened and publicly read aloud, the Bids for which a withdrawal request has been 8 properly filed may, at the option of the City, be returned unopened. 9 10 15.2. Bidders may modify their Bid by electronic communication at any time prior to the 11 time set for the closing of Bid receipt. 12 13 16. Opening of Bids14 15 16.1. Bids will be opened and read aloud publicly at the place where Bids are to be 16 submitted. An abstract of the amounts of the base Bids and major alternates (if any) 17 will be made available to Bidders after the opening of Bids. Bid opening dates can be 18 found by visiting and logging-in to the City of Denton’s Purchasing solicitation 19 website at http://dentontx.ionwave.net and clicking on this solicitation’s link. 20 21 17. Bids to Remain Subject to Acceptance22 23 17.1. All Bids will remain subject to acceptance for the time period specified for Notice of 24 Award and execution and delivery of a complete Agreement by Successful Bidder. 25 City may, at City's sole discretion, release any Bid and nullify the Bid security prior 26 to that date. 27 28 18. Evaluation of Bids and Award of Contract29 30 18.1. City reserves the right to reject any or all Bids, including without limitation the rights 31 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 32 and to reject the Bid of any Bidder if City believes that it would not be in the best 33 interest of the Project to make an award to that Bidder, whether because the Bid is 34 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 35 meet any other pertinent standard or criteria established by City. City also reserves 36 the right to waive informalities not involving price, contract time or changes in the 37 Work with the Successful Bidder. Discrepancies between the multiplication of units 38 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 39 between the indicated sum of any column of figures and the correct sum thereof will 40 be resolved in favor of the correct sum. Discrepancies between words and figures 41 will be resolved in favor of the words. 42 43 18.1.1. The Bid is not signed by a person empowered to bind the Offeror. 44 18.1.2. The Bid is not accompanied by an acceptable Bid Bond, with Power of Attorney 45 attached. 46 18.1.3. The Bid is submitted by an Offeror that has submitted more than one Bid. 47 18.1.4. There is evidence of collusion between the Offeror submitting the Proposal and 48 one or more other Offerors. 49 11 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 18.1.5. The Bidder did not attend or have an authorized agent attend a mandatory Pre-1 Proposal Conference, if applicable. 2 18.1.6. The Bidder is under debarment or suspension by the Owner. 3 18.1.7. The Bidder or a principal of the Bidder is currently debarred or suspended by a 4 Federal, State or local governmental agency. (Applicable for Proposal amounts 5 equal to or in excess of $25,000.00) 6 18.1.8. The Bidder is an interested party to any litigation against City, or City or Offeror 7 may have a claim against the other or be engaged in litigation, or Offeror is in 8 arrears on any existing contract or has defaulted on a previous contract. 9 18.1.9. The Bidder has performed a prior contract in an unsatisfactory manner. 10 18.1.10. The Bidder has uncompleted work which in the judgement of the City will 11 prevent or hinder the prompt completion of additional work if awarded. 12 18.1.11. Incompleteness or an omission, alteration of form, or addition, or the inclusion of 13 a qualification or condition not called for or authorized in the Bid Documents. 14 18.1.12. Ambiguity or lack of clarity in a Bid, in which case the City reserves the right to 15 interpret the Bid in the most advantageous manner for the City, or to reject the 16 Bid. 17 18.1.13. Failure to acknowledge receipt of Addenda. 18 18.1.14. Failure to identify a dollar amount for one or more unit prices required to be 19 provided in the Unit Price Proposal Form. 20 18.1.15. Failure to submit post-bid information within the allotted time(s). 21 18.1.16. Failure to timely execute and deliver the Contract to the City after award. 22 23 18.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 24 other persons and organizations proposed for those portions of the Work as to which 25 the identity of Subcontractors, Suppliers, and other persons and organizations must 26 be submitted as provided in the Contract Documents or upon the request of the City. 27 City also may consider the operating costs, maintenance requirements, performance 28 data and guarantees of major items of materials and equipment proposed for 29 incorporation in the Work when such data is required to be submitted prior to the 30 Notice of Award. 31 32 18.3. City may conduct such investigations as City deems necessary to assist in the 33 evaluation of any Bid and to establish the responsibility, qualifications, and financial 34 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 35 organizations to perform and furnish the Work in accordance with the Contract 36 Documents to City's satisfaction within the prescribed time. 37 38 18.4. Contractor shall perform with his own organization, work of a minimum value as 39 outlined in Section 00 43 36 – Proposed Subcontractors Form, unless otherwise 40 approved by the City. Contractor shall complete and submit Section 00 43 36 – 41 Proposed Subcontractors Form. 42 43 18.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 44 responsive Bidder whose evaluation by City indicates that the award will be in the 45 best interests of the City. 46 47 18.6. Additional approvals could be required if outside funding is used. 48 49 12 00 21 13 INSTRUCTIONS TO BIDDERS Page 10 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 18.7. A contract is not awarded until formal City Council authorization. If the Contract is 1 to be awarded, City will award the Contract within 120 days after the day of the Bid 2 opening unless extended in writing. No other act of City or others will constitute 3 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 4 the City. 5 6 18.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 7 8 18.9. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 9 the form must be submitted to the City Project Manager before the contract will be 10 presented to the City Council. The form can be obtained at 11 https://www.ethics.state.tx.us/tec/1295-Info.htm. 12 13 18.10. Contractor is required to fill out, sign and submit the following with Bid or Bid will 14 be considered unresponsive: 15 16 18.10.1. Certification Regarding Lobbying 17 18.10.2. Disclosure of Lobbying Activities 18 18.10.3. State of Texas Child Support Business Ownership Form 19 20 21 13 00 21 13 INSTRUCTIONS TO BIDDERS Page 11 of 11 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised January 5, 2022 Effective January 5, 2022 19. Signing of Agreement1 2 19.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 3 by the required number of unsigned counterparts of the Agreement. Within 14 days 4 thereafter Contractor shall sign and deliver the required number of counterparts of the 5 Agreement to City with the required Bonds, Certificates of Insurance, and all other 6 required documentation. City shall thereafter deliver one fully signed counterpart to 7 Contractor. 8 9 END OF SECTION 10 14 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 35 13 1 CONFLICT OF INTEREST AFFIDAVIT 2 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person 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 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government 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 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, 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 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.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section 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 named in this section AND the taxable income is not received from the local governmental entity? Yes No C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date 15 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Page 2 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 END OF SECTION 1 16 00 41 00 BID FORM Page 1 of 3 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 41 00 1 BID FORM 2 TO: City of Denton 3 c/o: Purchasing Division 4 901-B Texas Street 5 Denton, Texas 76209 6 7 FOR: BONNIE BRAE STREET PHASE 6A, 6B, AND 6C RECONSTRUCTION 8 9 1 Enter Into Agreement 10 11 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 12 with City in the form included in the Bidding Documents to perform and furnish all Work as 13 specified or indicated in the Contract Documents for the Bid Price and within the Contract Time 14 indicated in this Bid and in accordance with the other terms and conditions of the Contract 15 Documents. 16 17 2 BIDDER Acknowledgements and Certification 18 19 2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION 20 TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those 21 dealing with the disposition of Bid Bond. 22 2.2 Bidder is aware of all costs to provide the required insurance, will do so pending contract 23 award, and will provide a valid insurance certificate meeting all requirements within 14 24 days of notification of award. 25 2.3 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any 26 undisclosed individual or entity and is not submitted in conformity with any collusive 27 agreement or rules of any group, association, organization, or corporation. 28 2.4 Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false 29 or sham Bid. 30 2.5 Bidder has not solicited or induced any individual or entity to refrain from bidding. 31 2.6 Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing 32 for the Contract. For the purposes of this Paragraph: 33 a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing 34 of value likely to influence the action of a public official in the bidding process. 35 36 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 37 influence the bidding process to the detriment of City (b) to establish Bid prices 38 at artificial non-competitive levels, or (c) to deprive City of the benefits of free 39 and open competition. 40 41 c. "collusive practice" means a scheme or arrangement between two or more 42 Bidders, with or without the knowledge of City, a purpose of which is to 43 establish Bid prices at artificial, non-competitive levels. 44 45 17 00 41 00 BID FORM Page 2 of 3 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 d."coercive practice" means harming or threatening to harm, directly or indirectly,1 persons or their property to influence their participation in the bidding process or2 affect the execution of the Contract.3 4 2.7 The Bidder acknowledges and agrees to comply with the requirements of City Ethics 5 Ordinance No. 23-1165. 6 7 3 Time of Completion 8 9 3.1 The Work will be complete for Final Acceptance within 481 Working Days after the date 10 when the Contract Time commences to run, which is the day indicated in the Notice to 11 Proceed, plus any extension thereof allowed in accordance with Article 11 of the General 12 Conditions. 13 3.2 Bidder accepts the provisions of the Agreement as to Liquidated Damages in the event of 14 failure to obtain Milestones (if applicable) and Final Acceptance within the times specified 15 in the Agreement. 16 17 4 Attached to this Bid 18 19 The following documents are attached to and made a part of this Bid: 20 a.Section 00 35 13 – Conflict of Interest Affidavit21 b.Section 00 41 00 – This Bid Form22 c.Section 00 42 43 – Unit Price Proposal Form – Electronic Copy (either included23 in the Bid, or submitted via Ion Wave)24 d.Section 00 42 13 – Required Bid Bond, issued by a surety meeting the requirements25 of Paragraph 6.01 of the General Conditions26 e.Section 00 43 36 – Proposed Subcontractors Form27 f.Section 00 45 13 – Bidders Minimum Qualification Statement28 g.Section 00 45 43 – Corporate Resolution of Authorized Signatories29 h.Any additional documents that may be required by Section 00 21 13 – Instructions to30 Bidders31 i.Local Government General Requirements and Covenants.32 33 34 18 00 41 00 BID FORM Page 3 of 3 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 5 Total Bid Amount 1 2 5.1 Bidder will complete the Work in accordance with the Contract Documents for the 3 following bid amount. In the space provided below, please enter the total bid amount for 4 this project. Only this figure will be read publicly by the City at the bid opening. 5 5.2 It is understood and agreed by the Bidder in signing this proposal that the total bid amount 6 entered below is subject to verification and/or modification by multiplying the unit bid 7 prices for each pay item by the respective estimated quantities shown in this proposal and 8 then totaling all of the extended amounts. 9 5.3 Evaluation of Alternate Bid Items 10 11 Total Base Bid Amount: $____________________________ 12 13 6 Bid Submittal 14 15 This Bid is submitted on _____________________________, 20___ by the entity named below. 16 17 18 Respectfully submitted, 19 20 By: ______________________________ 21 (Signature) 22 23 _________________________________ 24 (Printed Name) 25 26 Title: _____________________________ 27 28 Company: _________________________ 29 30 Address: __________________________ 31 ___________________________ 32 State of Incorporation: _______________ 33 Email: ____________________________ 34 Phone: ____________________________ 35 36 END OF SECTION 37 19 To:From: PROJ.: IFB:8472 ENG PMO:180011‐1 Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 1 ‐ A 100‐6002 0104‐001 PREPARING RIGHT OF WAY STA 32  $                                           ‐    1 ‐ B 100‐6002 0104‐001 PREPARING RIGHT OF WAY STA 59 ‐$                                          1 ‐ C 100‐6002 0104‐001 PREPARING RIGHT OF WAY STA 10  $                                           ‐    2 ‐ A 104‐6001 0241‐101 REMOVING CONC (PAV) SY 506  $                                           ‐    2 ‐ B 104‐6001 0241‐101 REMOVING CONC (PAV) SY 1,344 ‐$                                          3 ‐ A 104‐6009 0241‐006 REMOVING CONC (RIPRAP) SY 44  $                                           ‐    3 ‐ B 104‐6009 0241‐006 REMOVING CONC (RIPRAP) SY 289 ‐$                                          3 ‐ C 104‐6009 0241‐006 REMOVING CONC (RIPRAP) SY 140 ‐$                                          4 ‐ A 104‐6015 0241‐104 REMOVING CONC (SIDEWALKS) SY 2,385  $                                           ‐    4 ‐ B 104‐6015 0241‐104 REMOVING CONC (SIDEWALKS) SY 2,243 ‐$                                          4 ‐ C 104‐6015 0241‐104 REMOVING CONC (SIDEWALKS) SY 16 ‐$                                          5 ‐ A 104‐6017 0241‐107 REMOVING CONC (DRIVEWAYS) SY 1,791  $                                           ‐    5 ‐ B 104‐6017 0241‐107 REMOVING CONC (DRIVEWAYS) SY 1,947 ‐$                                          5 ‐ C 104‐6017 0241‐107 REMOVING CONC (DRIVEWAYS) SY 306 ‐$                                          6 ‐ A 104‐6022 0241‐102 REMOVING CONC (CURB AND GUTTER) LF 5,662  $                                           ‐    6 ‐ B 104‐6022 0241‐107 REMOVING CONC (CURB AND GUTTER) LF 13,010 ‐$                                          7 ‐ A 104‐6032 0241‐105 REMOVING CONC (WHEELCHAIR RAMP) EA 13  $                                           ‐    7 ‐ B 104‐6032 0241‐105 REMOVING CONC (WHEELCHAIR RAMP) EA 10 ‐$                                          8 ‐ B 104‐6037 9999‐032 REMOVE CONC (RAIL) LF 128 ‐$                             ‐$                                          9 ‐ A 105‐6018 0241‐106 REMOVING STAB BASE AND ASPH PAV (7") SY 16,094  $                                           ‐    9 ‐ B 105‐6018 0241‐106 REMOVING STAB BASE AND ASPH PAV (7") SY 30,863 ‐$                                          10 ‐ C 105‐6033 0241‐106 REMOVING STB BASE AND ASPH PAV(10‐14") SY 1,761 ‐$                             ‐$                                          11 ‐ A 110‐6001 3123‐001 EXCAVATION ROADWAY CY 14,280  $                                           ‐    11 ‐ B 110‐6001 3123‐001 EXCAVATION ROADWAY CY 36,318 ‐$                                          11 ‐ C 110‐6001 3123‐001 EXCAVATION ROADWAY CY 482 ‐$                                          12 ‐ A 132‐6004 3124‐001 EMBANKMENT (FINAL)(DENS CONT)(TY B) CY 3,496  $                                           ‐    12 ‐ B 132‐6004 3124‐001 EMBANKMENT (FINAL)(DENS CONT)(TY B) CY 15,180 ‐$                                          12 ‐ C 132‐6004 3124‐001 EMBANKMENT (FINAL)(DENS CONT)(TY B) CY 1,254 ‐$                                          13 ‐ A 160‐6003 3293‐015 FURNISHING AND PLACING TOPSOIL (4") SY 12,624  $                                           ‐    13 ‐ B 160‐6003 3293‐015 FURNISHING AND PLACING TOPSOIL (4") SY 44,107 ‐$                                          13 ‐ C 160‐6003 3293‐015 FURNISHING AND PLACING TOPSOIL (4") SY 4,717 ‐$                                          14 ‐ A 162‐6002 3293‐017 BLOCK SODDING SY 12,624  $                                           ‐    14 ‐ B 162‐6002 3293‐017 BLOCK SODDING SY 44,107 ‐$                                          14 ‐ C 162‐6002 3293‐017 BLOCK SODDING SY 4,717 ‐$                                          15 ‐ B 164‐6007 3293‐017 BROADCAST SEED (PERM) (URBAN) (CLAY) SY 1,090 ‐$                             ‐$                                          16 ‐ C 164‐6041 3293‐016 DRILL SEEDING (TEMP) (WARM) SY 2,359 ‐$                             ‐$                                          17 ‐ C 164‐6043 3293‐016 DRILL SEEDING (TEMP) (COOL) SY 2,359 ‐$                             ‐$                                          18 ‐ A 164‐6051 3293‐017 DRILL SEEDING (TEMP) (WARM OR COOL) SY 12,624  $                                           ‐    18 ‐ B 164‐6051 3293‐017 DRILL SEEDING (TEMP) (WARM OR COOL) SY 44,107 ‐$                                          19 ‐ A 168‐6001 9999‐001 VEGETATIVE WATERING MG 3,756  $                                           ‐    19 ‐ B 168‐6001 9999‐001 VEGETATIVE WATERING MG 13,123 ‐$                                          19 ‐ C 168‐6001 9999‐001 VEGETATIVE WATERING MG 1,403 ‐$                                          20 ‐ A 260‐6002 3211‐031 LIME (HYDRATED LIME (SLURRY)) (12") TON 621  $                                           ‐    20 ‐ B 260‐6002 3211‐031 LIME (HYDRATED LIME (SLURRY)) (12") TON 1,318 ‐$                                          20 ‐ C 260‐6002 3211‐031 LIME (HYDRATED LIME (SLURRY)) (12") TON 122  $                                           ‐    20 ‐ C 260‐6002 3211‐031 LIME (HYDRATED LIME (SLURRY)) (8") TON 4 ‐$                                          21 ‐ A 260‐6011 3211‐036 LIME TRT (EXST MATL) (12") (MAINLANES AND CROSS STREETS) SY 22,977  $                                           ‐    21 ‐ B 260‐6011 3211‐036 LIME TRT (EXST MATL) (12") (MAINLANES AND CROSS STREETS) SY 44,634 ‐$                                          21 ‐ C 260‐6011 3211‐036 LIME TRT (EXST MATL) (12") (MAINLANES AND CROSS STREETS) SY 4,534 ‐$                                          22 ‐ B 260‐6027 3211‐034 LIME TRT (EXST MATL) (8") (RESIDENTIAL & COMMERCIAL DRIVEWAYS) SY 2,645 ‐$                                          901‐B Texas Street Denton, TX  76209 BIDDERS APPLICATION - UNIT PRICE BID STREET ADDRESS CITY, STATE CONTACT PHONE EMAIL ‐$                             SECTION 00 42 43 - UNIT PRICE PROPOSAL FORM   /Purchasing Dept. Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction City of Denton ‐ Capital Projects COMPANY NAME ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$ ‐$                             Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 22 ‐ C 260‐6027 3211‐034 LIME TRT (EXST MATL)(8") (DRIVEWAYS) SY 183 ‐$                                          23 ‐ B 260‐6059 9999‐033 LIME TRT (EXST MATL) (14") (US 77) SY 4,172 ‐$                             ‐$                                          24 ‐ A 3076‐6001 3212‐104 D‐GR HMA TY‐B PG64‐22 (INTERIM PAVEMENT) TON 39  $                                           ‐    24 ‐ C 3076‐6001 3212‐105 D‐GR HMA TY‐B PG64‐22 TON 974 ‐$                                          25 ‐ A 3076‐6023 9999‐002 D‐GR HMA TY‐C PG70‐22 (INTERIM PAVEMENT) TON 104 ‐$                              $                                           ‐    26 ‐ A 3077‐6001 3212‐105 SP MIXES SP‐B PG 64‐22 TON 5,055  $                                           ‐    26 ‐ B 3077‐6001 3212‐105 SP MIXES SP‐B PG 64‐22 TON 11,319  $                                           ‐    27 ‐ A 310‐6027 9999‐003 PRIME COAT (MC‐30 OR AE‐P) GAL 4,595  $                                           ‐    27 ‐ B 310‐6027 9999‐003 PRIME COAT (MC‐30 OR AE‐P) GAL 10,290  $                                           ‐    28 ‐ B 360‐6002 3213‐003 CONC PVMT (CONT REINF ‐ CRCP)(8") (US 77) 3,583 ‐$                                          28 ‐ C 360‐6002 3213‐003 CONC PVMT (CONT REINF ‐ CRCP)(8") SY 172 ‐$                                          29 ‐ A 360‐6005 3213‐006 CONC PVMT (CONT REINF ‐ CRCP)(11") SY 11,930  $                                           ‐    29 ‐ B 360‐6005 3213‐006 CONC PVMT (CONT REINF ‐ CRCP)(11") SY 35,855  $                                           ‐    29 ‐ C 360‐6005 3213‐006 CONC PVMT (CONT REINF ‐ CRCP)(11") SY 4,527 ‐$                                          30 ‐ A 360‐6058 3213‐013 CONC PVMT (CONT REINF ‐ CRCP)(HES)(11") SY 9,383  $                                           ‐    30 ‐ B 360‐6058 3213‐013 CONC PVMT (CONT REINF ‐ CRCP) (HES) (11") SY 6,520  $                                           ‐    31 ‐ B 400‐6001 3123‐001 STRUCT EXCAV CY 6,255 ‐$                             ‐$                                          32 ‐ A 400‐6005 3305‐008 CEM STABIL BKFL CY 413 ‐$                              $                                           ‐    33 ‐ A 402‐6001 3305‐021 TRENCH EXCAVATION PROTECTION LF 972  $                                           ‐    33 ‐ B 402‐6001 3305‐021 TRENCH EXCAVATION PROTECTION LF 8,858 ‐$                                          33 ‐ C 402‐6001 3305‐021 TRENCH EXCAVATION PROTECTION LF 1,120 ‐$                                          34 ‐ A 403‐6001 9999‐004 TEMPORARY SPL SHORING SF 1,321  $                                           ‐    34 ‐ B 403‐6001 9999‐004 TEMPORARY SPL SHORING SF 752 ‐$                                          35 ‐ C 416‐6030 3441‐145 DRILL SHAFT (TRF SIG POLE) (24 IN) LF 0 ‐$                                          36 ‐ A 416‐6032 3441‐051 DRILL SHAFT (TRF SIG POLE) (36 IN) LF 40  $                                           ‐    36 ‐ B 416‐6032 3441‐147 DRILL SHAFT (TRF SIG POLE) (36 IN) LF 41 ‐$                                          37 ‐ A 416‐6034 3441‐057 DRILL SHAFT (TRF SIG POLE) (48 IN) LF 66  $                                           ‐    37 ‐ B 416‐6034 3441‐148 DRILL SHAFT (TRF SIG POLE) (48 IN) LF 198 ‐$                                          38 ‐ B 420‐6007 9999‐034 CL A CONC (FLUME) CY 20 ‐$                             ‐$                                          39 ‐ B 420‐6007 9999‐035 CL A CONC (SIDEWALK SPANNING FLUME) CY 2 ‐$                             ‐$                                          40 ‐ A 420‐6074 3213‐015 CL C CONC (MISC) (CONCRETE HEADERS) LF 128  $                                           ‐    40 ‐ B 420‐6074 3213‐015 CL C CONC (MISC) (CONCRETE HEADERS) CY 164 ‐$                                          41 ‐ A 423‐6005 3232‐001 Retaining Wall (Spread Footing) SF 570 ‐$                              $                                           ‐    42 ‐ A 432‐6001 3137‐001 Riprap (Conc)(4 IN) CY 201  $                                           ‐    42 ‐ B 432‐6001 3137‐001 Riprap (Conc)(4 IN) CY 205 ‐$                                          43 ‐ B 432‐6033 3137‐025 RIPRAP (STONE PROTECTION) (18 IN) CY 29 ‐$                             ‐$                                          44 ‐ B 450‐6023 9999‐036 RAIL (TY SSTR) LF 98 ‐$                             ‐$                                          45 ‐ A 450‐6032 9999‐005 RAIL (TY C223) LF 172 ‐$                              $                                           ‐    46 ‐ A 450‐6052 9999‐006 Rail (Handrail) (Ty F) LF 263  $                                           ‐    46 ‐ B 450‐6052 9999‐006 Rail (Handrail) (TY F) LF 200 ‐$                                          47 ‐ C 462‐6001 3342‐051 CONC BOX CULV (3 FT X 2 FT) LF 209 ‐$                             ‐$                                          48 ‐ A 462‐6003 3342‐053 CONC BOX CULV (4 FT x 2 FT) LF 20  $                                           ‐    48 ‐ B 462‐6003 3342‐053 CONC BOX CULV (4 FT x 2 FT) LF 1,259 ‐$                                          49 ‐ B 462‐6004 3342‐054 CONC BOX CULV (4 FT x 3 FT) LF 522 ‐$                             ‐$                                          50 ‐ B 462‐6007 3342‐057 CONC BOX CULV (5 FT x 3 FT) LF 175 ‐$                             ‐$                                          51 ‐ B 462‐6010 3342‐061 CONC BOX CULV (6 FT x 3 FT) LF 132 ‐$                             ‐$                                          52 ‐ C 462‐6097 3342‐065 CONC BOX CULV (7 FT X 2 FT) LF 78 ‐$                              $                                           ‐    53 ‐ B 462‐6014 3342‐066 CONC BOX CULV (7 FT x 3 FT) LF 283 ‐$                             ‐$                                          54 ‐ B 462‐6019 3342‐072 CONC BOX CULV (8 FT x 4 FT) LF 24 ‐$                             ‐$                                          55 ‐ A 462‐6021 3342‐074 CONC BOX CULV (8 FT x 6 FT) LF 366 ‐$                              $                                           ‐    56 ‐ A 464‐6003 3342‐007 RCP PIPE (CL III) (18 IN) LF 982  $                                           ‐    56 ‐ B 464‐6003 3342‐007 RCP PIPE (CL III) (18 IN) LF 1,511 ‐$                                          56 ‐ C 464‐6003 3342‐007 RCP PIPE (CL III) (18 IN) LF 277 ‐$                                          57 ‐ A 464‐6005 3342‐013 RCP PIPE (CL III) (24 IN) LF 2,573  $                                           ‐    57 ‐ B 464‐6005 3342‐013 RCP PIPE (CL III) (24 IN) LF 5,473 ‐$                                          57 ‐ C 464‐6005 3342‐013 RCP PIPE (CL III) (24 IN) LF 499 ‐$                                          58 ‐ B 464‐6007 3342‐019 RCP PIPE (CL III) (30 IN) LF 426 ‐$                             ‐$                                          59 ‐ B 464‐6008 3342‐022 RCP PIPE (CL III) (36 IN) LF 673 ‐$                             ‐$                                          60 ‐ A 464‐6017 3342‐008 RCP PIPE (CL IV) (18 IN) LF 674  $                                           ‐    60 ‐ B 464‐6017 3342‐008 RCP PIPE (CL IV) (18 IN) LF 208 ‐$                                          61 ‐ B 465‐6012 3342‐373 JCTBOX(COMPL)(PJB)(8FTX8FT) EA 2 ‐$                             ‐$                                          62 ‐ B 465‐6021 3342‐384 INLET (COMPL)(PCO)(5FT)(NONE) EA 1 ‐$                             ‐$                                          63 ‐ B 465‐6023 3342‐384 INLET (COMPL)(PCO)(5FT)(RIGHT) EA 3 ‐$                             ‐$                                          64 ‐ B 465‐6153 3342‐397 INLET (COMPL)(PAZD)(RC)(4FTX4FT) EA 1 ‐$                             ‐$                                          65 ‐ B 465‐6526 3342‐372 JUNCT BOX (COMPL) (JB) (7FT X 7FT) (FTW) EA 2 ‐$                             ‐$                                          ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 66 ‐ A 466‐6149 3242‐288 WINGWALL (FW‐0) (HW‐2 FT) EA 1 ‐$                              $                                           ‐    67 ‐ B 466‐6150 3342‐282 WINGWALL (FW‐0) (HW=3 FT) EA 1 ‐$                             ‐$                                          68 ‐ B 466‐6154 3342‐318 WINGWALL (FW‐0) (HW=7 FT) EA 1 ‐$                             ‐$                                          69 ‐ B 466‐6164 3342‐295 WINGWALL (FW‐S) (HW=3 FT) EA 1 ‐$                             ‐$                                          70 ‐ B 466‐6169 3342‐324 WINGWALL (FW‐S) (HW=8 FT) EA 1 ‐$                             ‐$                                          71 ‐ C 466‐6179 3342‐302 WINGWALL (PW‐1) (HW=4 FT) EA 1 ‐$                             ‐$                                          72 ‐ C 466‐6180 3342‐308 WINGWALL (PW ‐ 1) (HW=5 FT) EA 0 ‐$                             ‐$                                          73 ‐ B 466‐6183 3342‐326 WINGWALL (PW‐1) (HW=8 FT) EA 1 ‐$                             ‐$                                          74 ‐ A 466‐6187 3342‐290 WINGWALL (PW‐2) (HW=12 FT) EA 1 ‐$                              $                                           ‐    75 ‐ B 466‐6196 3342‐320 WINGWALL (PW‐2) (HW=7 FT) EA 1 ‐$                             ‐$                                          76 ‐ B 466‐6207 3342‐304 WINGWALL (SW‐0) (HW=4 FT) EA 2 ‐$                             ‐$                                          77 ‐ B 467‐6387 9999‐037 SET (TY II) (24 IN) (RCP) (2:1) (C )EA1‐$                             ‐$                                          78 ‐ A 467‐6390 9999‐008 SET (TY II) (24 IN) (RCP) (4:1) (C )EA1‐$                              $                                           ‐    79 ‐ B 467‐6391 9999‐038 SET (TY II) (24 IN) (RCP) (4:1) (P) EA 1 ‐$                             ‐$                                          80 ‐ B 479‐6006 3301‐061 ADJUSTING INLET (CAP) EA 4 ‐$                             ‐$                                          81 ‐ A 481‐6011 9999‐009 PIPE (PVC) (SCH 40) (4 IN) LF 786  $                                           ‐    81 ‐ B 481‐6011 9999‐009 PIPE (PVC) (SCH 40) (4 IN) LF 992 ‐$                                          82 ‐ A 496‐6002 0241‐098 REMOV STR (INLET) EA 6  $                                           ‐    82 ‐ B 496‐6002 0241‐098 REMOV STR (INLET) EA 14 ‐$                                          83 ‐ A 496‐6003 0241‐050 REMOV STR (MANHOLE) EA 5  $                                           ‐    83 ‐ B 496‐6003 0241‐050 REMOV STR (MANHOLE) EA 2 ‐$                                          84 ‐ A 496‐6006 0241‐099 REMOV STR (HEADWALL) EA 2  $                                           ‐    84 ‐ B 496‐6006 0241‐099 REMOV STR (HEADWALL) EA 4 ‐$                                          84 ‐ C 496‐6006 0241‐099 REMOV STR (HEADWALL) EA 2 ‐$                                          85 ‐ A 496‐6007 0241‐039 REMOV STR (PIPE) LF 109  $                                           ‐    85 ‐ B 496‐6007 0241‐039 REMOV STR (PIPE) LF 417 ‐$                                          86 ‐ B 496‐6039 9999‐039 REMOV STR (BUILDING) EA 3 ‐$                             ‐$                                          87 ‐ B 496‐6043 0241‐002 REMOV STR (SMALL FENCE) LF 5,783 ‐$                             ‐$                                          88 ‐ B 496‐6099 9999‐040 REMOV STR (RAIL) LF 68 ‐$                             ‐$                                          89 ‐ A 506‐6003 3125‐002 ROCK FILTER DAMS (INSTALL) (TY 3) LF 149  $                                           ‐    89 ‐ B 506‐6003 3125‐002 ROCK FILTER DAMS (INSTALL) (TY 3) LF 187 ‐$                                          89 ‐ C 506‐6003 3125‐002 ROCK FILTER DAMS (INSTALL) (TY 3) LF 48 ‐$                                          90 ‐ A 506‐6011 3125‐011 ROCK FILTER DAMS (REMOVE) LF 149  $                                           ‐    90 ‐ B 506‐6011 3125‐011 ROCK FILTER DAMS (REMOVE) LF 187 ‐$                                          90 ‐ C 506‐6011 3125‐011 ROCK FILTER DAMS (REMOVE) LF 48 ‐$                                          91 ‐ A 506‐6020 3125‐010 CONSTRUCTION EXITS (INSTALL) (TY 1) SY 390  $                                           ‐    91 ‐ B 506‐6020 3125‐010 CONSTRUCTION EXITS (INSTALL) (TY 1) SY 686 ‐$                                          91 ‐ C 506‐6020 3125‐010 CONSTRUCTION EXITS (INSTALL) (TY 1) SY 78 ‐$                                          92 ‐ A 506‐6024 3125‐011 CONSTRUCTION EXITS (REMOVE) SY 390  $                                           ‐    92 ‐ B 506‐6024 3125‐011 CONSTRUCTION EXITS (REMOVE) SY 686 ‐$                                          92 ‐ C 506‐6024 3125‐011 CONSTRUCTION EXITS (REMOVE) SY 78 ‐$                                          93 ‐ A 506‐6038 3125‐001 TEMP SEDMT CONT FENCE (INSTALL) LF 3,644  $                                           ‐    93 ‐ B 506‐6038 3125‐001 TEMP SEDMT CONT FENCE (INSTALL) LF 7,253 ‐$                                          93 ‐ C 506‐6038 3125‐001 TEMP SEDMT CONT FENCE (INSTALL) LF 2,013 ‐$                                          94 ‐ A 506‐6039 3125‐011 TEMP SEDMT CONT FENCE (REMOVE) LF 3,644  $                                           ‐    94 ‐ B 506‐6039 3125‐011 TEMP SEDMT CONT FENCE (REMOVE) LF 7,253 ‐$                                          94 ‐ C 506‐6039 3125‐011 TEMP SEDMT CONT FENCE (REMOVE) LF 2,013 ‐$                                          95 ‐ A 506‐6041 3125‐003 BIODEG EROSN CONT LOGS (INSTL) (12") LF 2,460  $                                           ‐    95 ‐ B 506‐6041 3125‐003 BIODEG EROSN CONT LOGS (INSTL) (12") LF 6,865 ‐$                                          95 ‐ C 506‐6041 3125‐003 BIODEG EROSN CONT LOGS (INSTL) (12") LF 270 ‐$                                          96 ‐ A 506‐6043 3125‐011 BIODEG EROSN CONT LOGS (REMOVE) LF 2,460  $                                           ‐    96 ‐ B 506‐6043 3125‐011 BIODEG EROSN CONT LOGS (REMOVE) LF 6,865 ‐$                                          96 ‐ C 506‐6043 3125‐011 BIODEG EROSN CONT LOGS (REMOVE) LF 270 ‐$                                          97 ‐ A 508‐6001 3212‐132 CONSTRUCTING DETOURS SY 5,516  $                                           ‐    97 ‐ B 508‐6001 3212‐132 CONSTRUCTING DETOURS SY 10,798 ‐$                                          97a ‐ B 512‐6009 9999‐057 PORT CTB (FUR & INST)(LOW PROF)(TY I) LF 160 ‐$                             ‐$                                          97b ‐ B 512‐6010 9999‐058 PORT CTB (FUR & INST)(LOW PROF)(TY II) LF 560 ‐$                             ‐$                                          98 ‐ A 5116‐6001 9999‐010 AMPHIBIAN/REPTILE EXCLUSION FENCE INST LF 1,030  $                                           ‐    98 ‐ B 5116‐6001 9999‐010 AMPHIBIAN/REPTILE EXCLUSION FENCE INST LF 1,920 ‐$                                          99 ‐ A 5116‐6002 9999‐011 AMPHIBIAN/REPTILE EXCLUSION FENCE REM LF 1,030  $                                           ‐    99 ‐ B 5116‐6002 9999‐011 AMPHIBIAN/REPTILE EXCLUSION FENCE REM LF 1,920 ‐$                                          100 ‐ BDENT 520 9999‐041 Substation Fence Re‐location LS 1 ‐$                             ‐$                                          101 ‐ A 528‐6001 9999‐012 Colored Textured Concrete (4") SY 1,183  $                                           ‐    101 ‐ B 528‐6001 9999‐012 COLORED TEXTURED CONCRETE (4") SY 2,473 ‐$                                          103 ‐ A 530‐6017 3213‐008 DRIVEWAYS (CONC) (HES) *(6") SY 134  $                                           ‐    ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$ ‐$                             ‐$                             ‐$                             Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 103 ‐ B 530‐6017 3213‐008 DRIVEWAYS (CONC) (HES) *(6") SY 852 ‐$                                          104 ‐ A 530‐6017 3213‐003 DRIVEWAYS (CONC) (HES) *(8") SY 1,764  $                                           ‐    104 ‐ B 530‐6017 3213‐003 DRIVEWAYS (CONC) (HES) *(8") SY 1,637 ‐$                                          105 ‐ A 531‐6001 3216‐005 CONC SIDEWALKS (4") SY 1,399  $                                           ‐    105 ‐ B 531‐6001 3216‐005 CONC SIDEWALKS (4") SY 4,920 ‐$                                          106 ‐ A 531‐6003 3216‐007 CONC SIDEWALKS (6") SY 3,726  $                                           ‐    106 ‐ B 531‐6003 3216‐007 CONC SIDEWALKS (6") SY 5,335  $                                           ‐    106 ‐ C 531‐6003 3216‐007 CONC SIDEWALKS (6") SY 1,141 ‐$                                          107 ‐ B 531‐6004 3216‐011 CURB RAMPS (TY 1) EA 16 ‐$                             ‐$                                          108 ‐ A 531‐6005 3216‐013 CURB RAMPS (TY 2) EA 12  $                                           ‐    108 ‐ B 531‐6005 3216‐013 CURB RAMPS (TY 2) EA 2 ‐$                                          108 ‐ C 531‐6005 3216‐011 CURB RAMPS (1A) EA 4 ‐$                                          109 ‐ B 531‐6057 9999‐042 CONC SIDEWALK (SPECIAL)(RETAINING WALL) SF 59 ‐$                             ‐$                                          110 ‐ B 540‐6001 9999‐043 MTL W‐BEAM GD FEN (TIM POST) LF 400 ‐$                             ‐$                                          111 ‐ A 540‐6002 9999‐013 MTL W‐BEAM GD FEN (STEEL POST) LF 422 ‐$                              $                                           ‐    112 ‐ A 540‐6016 9999‐014 DOWNSTREAM ANCHOR TERMINAL SECTION EA 1  $                                           ‐    112 ‐ B 540‐6016 9999‐014 DOWNSTREAM ANCHOR TERMINAL SECTION EA 3 ‐$                                          113 ‐ A 540‐6022 9999‐015 MTL THRIE‐BEAM GD FEN (STEEL POST) EA 2 ‐$                              $                                           ‐    114 ‐ A 542‐6001 0241‐003 REMOVE METAL BEAM GUARD FENCE LF 226  $                                           ‐    114 ‐ C 542‐6001 0241‐003 REMOVE METAL BEAM GUARD FENCE LF 249 ‐$                                          115 ‐ A 544‐6001 9999‐016 GUARDRAIL END TREATMENT (INSTALL) EA 1  $                                           ‐    115 ‐ B 544‐6001 9999‐016 GUARDRAIL END TREATMENT (INSTALL) EA 3 ‐$                                          116 ‐ B 550‐6003 0241‐002 CHAIN LINK FENCE (REMOVE) LF 431 ‐$                                          116 ‐ C 550‐6003 0241‐002 CHAIN LINK FENCE (REMOVE) LF 472 ‐$                                          117 ‐ B 550‐6008 3231‐003 CHAIN LINK FENCE (INSTALL) (8') LF 377 ‐$                             ‐$                                          118 ‐ B 552‐6001 3231‐017 WIRE FENCE (TY A) LF 852 ‐$                             ‐$                                          119 ‐ B 552‐6009 3231‐037 GATE (SPECIAL) EA 2 ‐$                             ‐$                                          120 ‐ B 560‐6007 9999‐044 MAILBOX INSTALL‐S (WC‐POST) TY 3EA3‐$                             ‐$                                          121 ‐ A 6010‐6001 9999‐017 CCTV FIELD EQUIPMENT (ANALOG) EA 1 ‐$                              $                                           ‐    122 ‐ A 618‐6022 9999‐018 CONDT (PVC) (SCHD 40) (1") LF 236  $                                           ‐    122 ‐ B 618‐6022 9999‐018 CONDT (PVC) (SCHD 40) (1") LF 406 ‐$                                          122 ‐ C 618‐6022 9999‐018 CONDT (PVC) (SCHD 40) (1") LF 45 ‐$                                          123 ‐ A 618‐6023 9999‐019 CONDT (PVC) (SCH 40) (2") LF 5,266  $                                           ‐    123 ‐ B 618‐6023 9999‐019 CONDT (PVC) (SCH 40) (2") LF 10,932 ‐$                                          123 ‐ C 618‐6023 9999‐019 CONDT (PVC) (SCHD 40) (2") LF 1,927 ‐$                                          124 ‐ A 618‐6029 2605‐055 CONDT (PVC) (SCH 40) (3") LF 384  $                                           ‐    124 ‐ B 618‐6029 2605‐054 CONDT (PVC) (SCH 40) (3") LF 362 ‐$                                          125 ‐ A 618‐6047 2605‐053 CONDT (PVC) (SCH 80) (2") (BORE) LF 1,222  $                                           ‐    125 ‐ B 618‐6047 2605‐053 CONDT (PVC) (SCH 80) (2") (BORE) LF 2,678 ‐$                                          125 ‐ C 618‐6047 2605‐053 CONDT (PVC) (SCH 80) (2") (BORE) LF 82 ‐$                                          126 ‐ A 618‐6054 2605‐059 CONDT (PVC) (SCH 80) (3") (BORE) LF 680  $                                           ‐    126 ‐ B 618‐6054 2605‐059 CONDT (PVC) (SCH 80) (3") (BORE) LF 2,390 ‐$                                          127 ‐ A 620‐6007 2605‐045 ELEC CONDR (NO.8) BARE LF 1,848  $                                           ‐    127 ‐ B 620‐6007 2605‐045 ELEC CONDR (NO.8) BARE LF 5,006 ‐$                                          128 ‐ A 620‐6009 2605‐043 ELEC CONDR (NO.6) BARE LF 92  $                                           ‐    128 ‐ B 620‐6009 2605‐044 ELEC CONDR (NO.6) BARE LF 404 ‐$                                          129 ‐ A 620‐6010 2605‐038 ELEC CONDR (NO.6) INSULATED LF 185  $                                           ‐    129 ‐ B 620‐6010 2605‐038 ELEC CONDR (NO.6) INSULATED LF 807 ‐$                                          130 ‐ A 621‐6001 2605‐011 TRAY CABLE (3 CONDR) (14 AWG) LF 2,072  $                                           ‐    130 ‐ B 621‐6001 2605‐011 TRAY CABLE (3 CONDR) (14 AWG) LF 7,291 ‐$                                          131 ‐ A 624‐6010 2605‐068 GROUND BOX TY D (162922)W/APRON EA 6  $                                           ‐    131 ‐ B 624‐6010 2605‐068 GROUND BOX TY D (162922)W/APRON EA 12 ‐$                                          132 ‐ A 628‐6008 2605‐001 ELC SRV TY A 120/240 060(NS)SS(E)PS(U) EA 1 ‐$                                          132 ‐ B 628‐6008 2605‐001 ELC SRV TY A 120/240 060(NS)SS(E)PS(U) EA 2 ‐$                                          132 ‐ C 628‐6008 2605‐001 ELC SRV TY A 120/240 060(NS)SS(E)PS(U) EA 1 ‐$                                          133 ‐ A 628‐6239 2605‐001 ELC SRV TY D 120/240 100(NS)SS(E)PS(U) EA 2 ‐$                                          133 ‐ B 628‐6239 2605‐001 ELC SRV TY D 120/240 100(NS)SS(E)PS(U) EA 3 ‐$                                          134 ‐ A 6292‐6002 3441‐014 RVDS(ADVANCE DETECTION ONLY) EA 2  $                                           ‐    134 ‐ B 6292‐6002 3441‐014 RVDS(ADVANCE DETECTION ONLY) EA 2 ‐$                                          135 ‐ A 644‐6001 3441‐182 IN SM RD SN SUP&AM TY10BWG(1)SA(P) EA 10  $                                           ‐    135 ‐ B 644‐6001 3441‐182 IN SM RD SN SUP&AM TY10BWG(1)SA(P) EA 29 ‐$                                          135 ‐ C 644‐6001 3441‐182 IN SM RD SN SUP&AM TY10BWG(1)SA(P) EA 1 ‐$                                          136 ‐ A 644‐6007 3441‐182 IN SM RD SN SUP&AM TY10BWG(1)SA(U) EA 2  $                                           ‐    136 ‐ B 644‐6007 3441‐182 IN SM RD SN SUP&AM TY10BWG(1)SA(U) EA 3 ‐$                                          137 ‐ A 644‐6068 3441‐188 RELOCATE SM RD SN SUP&AM TY 10BWG EA 3  $                                           ‐   ‐$ ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 137 ‐ B 644‐6068 3441‐188 RELOCATE SM RD SN SUP&AM TY 10BWG EA 2 ‐$                                          138 ‐ A 662‐6060 3217‐045 WK ZN PAV MRK REMOV (W)4"(BRK) LF 9,517  $                                           ‐    138 ‐ B 662‐6060 3217‐045 WK ZN PAV MRK REMOV (W)4"(BRK) LF 9,410 ‐$                                          139 ‐ A 662‐6061 3217‐045 WK ZN PAV MRK REMOV (W)4"(DOT) LF 1,236 ‐$                              $                                           ‐    140 ‐ A 662‐6063 3217‐045 WK ZN PAV MRK REMOV (W)4"(SLD) LF 19,751  $                                           ‐    140 ‐ B 662‐6063 3217‐045 WK ZN PAV MRK REMOV (W)4"(SLD) LF 17,759 ‐$                                          141 ‐ A 662‐6075 3217‐050 WK ZN PAV MRK REMOV (W)24"(SLD) LF 67  $                                           ‐    141 ‐ B 662‐6075 3217‐050 WK ZN PAV MRK REMOV (W)24"(SLD) LF 248 ‐$                                          141a ‐ A 662‐6080 3217‐053 WK ZN PAV MRK REMOV (W)(ARROW) EA 25 ‐$                             ‐$                                          142 ‐ A 662‐6095 3217‐045 WK ZN PAV MRK REMOV (Y)4"(SLD) LF 16,708  $                                           ‐    142 ‐ B 662‐6095 3217‐045 WK ZN PAV MRK REMOV (Y)4"(SLD) LF 19,507 ‐$                                          143 ‐ A 666‐6036 3217‐015 REFL PAV MRK TY I (W)8"(SLD)(100MIL) LF 3,042  $                                           ‐    143 ‐ B 666‐6036 3217‐015 REFL PAV MRK TY I (W)8"(SLD)(100MIL) LF 8,234 ‐$                                          143 ‐ C 666‐6036 3217‐015 REFL PAV MRK TY I (W)8"(SLD)(100MIL) LF 906 ‐$                                          144 ‐ A 666‐6048 3217‐025 REFL PAV MRK TY I (W)24"(SLD)(100MIL) LF 784  $                                           ‐    144 ‐ B 666‐6048 3217‐025 REFL PAV MRK TY I (W)24"(SLD)(100MIL) LF 1,768 ‐$                                          145 ‐ B 666‐6126 3217‐002 REFL PAV MRK TY I (Y)4"(SLD)(100MIL) LF 379 ‐$                                          145 ‐ C 666‐6126 3217‐002 REFL PAV MRK TY I (Y)4"(SLD)(100MIL) LF 1,870 ‐$                                          146 ‐ C 666‐6312 3217‐002 RE PM W/RET REQ TY I (Y)4"(SLD)(100MIL) LF 333 ‐$                             ‐$                                          147 ‐ A 666‐6138 3217‐016 REFL PAV MRK TY I (Y)8"(SLD)(100MIL) LF 120  $                                           ‐    147 ‐ B 666‐6138 3217‐016 REFL PAV MRK TY I (Y)8"(SLD)(100MIL) LF 268 ‐$                                          148 ‐ A 666‐6167 3217‐003 REFL PAV MRK TY II (W) 4" (BRK) LF 1,724  $                                           ‐    148 ‐ B 666‐6167 3217‐003 REFL PAV MRK TY II (W) 4" (BRK) LF 2,977 ‐$                                          149 ‐ B 666‐6168 3217‐005 REFL PAV MRK TY II (W) 4" (DOT) LF 1,368 ‐$                             ‐$                                          150 ‐ A 666‐6178 3217‐015 REFL PAV MRK TY II (W) 8" (SLD) LF 3,042  $                                           ‐    150 ‐ B 666‐6178 3217‐016 REFL PAV MRK TY II (W) 8" (SLD) LF 8,234 ‐$                                          151 ‐ A 666‐6182 3217‐025 REFL PAV MRK TY II (W) 24" (SLD) LF 784  $                                           ‐    151 ‐ B 666‐6182 3217‐003 REFL PAV MRK TY II (W) 24" (SLD) LF 1,768 ‐$                                          152 ‐ A 666‐6211 3217‐016 REFL PAV MRK TY II (Y) 8" (SLD) LF 120  $                                           ‐    152 ‐ B 666‐6211 3217‐016 REFL PAV MRK TY II (Y) 8" (SLD) LF 268 ‐$                                          153 ‐ A 666‐6300 3217‐003 RE PM W/RET REQ TY I (W)4"(BRK)(100MIL) LF 1,724  $                                           ‐    153 ‐ B 666‐6300 3217‐003 RE PM W/RET REQ TY I (W)4"(BRK)(100MIL) LF 2,977 ‐$                                          154 ‐ A 668‐6077 3217‐027 PREFAB PAV MRK TY C (W) (ARROW) EA 15  $                                           ‐    154 ‐ B 668‐6077 3217‐027 PREFAB PAV MRK TY C (W) (ARROW) EA 28 ‐$                                          154 ‐ C 668‐6077 3217‐027 PREFAB PAV MRK TY C (W) (ARROW) EA 3  $                                           ‐    155 ‐ A 668‐6085 3217‐029 PREFAB PAV MRK TY C (W) (WORD) EA 8  $                                           ‐    155 ‐ B 668‐6085 3217‐029 PREFAB PAV MRK TY C (W) (WORD) EA 19 ‐$                                          156 ‐ A 672‐6007 3217‐038 REFL PAV MRKR TY I‐CEA96 $                                           ‐    156 ‐ B 672‐6007 3217‐038 REFL PAV MRKR TY I‐C EA 253 ‐$                                          157 ‐ B 672‐6009 3217‐039 REFL PAV MRKR TY II A‐AEA5 ‐$                                          157 ‐ C 672‐6009 3217‐039 REFL PAV MRKR TY II‐A‐AEA3 ‐$                                          158 ‐ A 672‐6010 3217‐040 REFL PAV MRKR TY II‐C‐R EA 128  $                                           ‐    158 ‐ B 672‐6010 3217‐040 REFL PAV MRKR TY II‐C‐R EA 141 ‐$                                          159 ‐ A 677‐6001 3217‐045 ELIM EXT PAV MRK & MRKS (4") LF 2,727 ‐$                              $                                           ‐    160 ‐ B 677‐6003 3217‐047 ELIM EXT PAV MRK & MRKS (8") LF 449 ‐$                             ‐$                                          161 ‐ B 677‐6007 3217‐050 ELIM EXT PAV MRK & MRKS (24") LF 24 ‐$                             ‐$                                          162 ‐ B 677‐6008 3217‐045 ELIM EXT PAV MRK & MRKS (ARROW) EA 2 ‐$                             ‐$                                          163 ‐ A 680‐6002 9999‐020 INSTALL HWY TRF SIG (ISOLATED) EA 2  $                                           ‐    163 ‐ B 680‐6002 9999‐020 INSTALL HWY TRF SIG (ISOLATED) EA 3 ‐$                                          164 ‐ A 680‐6004 3441‐153 REMOVING TRAFFIC SIGNALS EA 1 ‐$                              $                                           ‐    165 ‐ A 682‐6001 9999‐021 VEH SIG SEC (12")LED(GRN) EA 12  $                                           ‐    165 ‐ B 682‐6001 9999‐021 VEH SIG SEC (12")LED(GRN) EA 30 ‐$                                          166 ‐ A 682‐6002 9999‐022 VEH SIG SEC (12")LED(GRN ARW) EA 7  $                                           ‐    166 ‐ B 682‐6002 9999‐022 VEH SIG SEC (12")LED(GRN ARW) EA 22 ‐$                                          167 ‐ A 682‐6003 9999‐023 VEH SIG SEC (12")LED(YEL) EA 12  $                                           ‐    167 ‐ B 682‐6003 9999‐023 VEH SIG SEC (12")LED(YEL) EA 30 ‐$                                          168 ‐ A 682‐6004 9999‐024 VEH SIG SEC (12")LED(YEL ARW) EA 10  $                                           ‐    168 ‐ B 682‐6004 9999‐024 VEH SIG SEC (12")LED(YEL ARW) EA 29 ‐$                                          169 ‐ A 682‐6005 9999‐025 VEH SIG SEC (12")LED(RED) EA 12  $                                           ‐    169 ‐ B 682‐6005 9999‐025 VEH SIG SEC (12")LED(RED) EA 30 ‐$                                          170 ‐ A 682‐6006 9999‐026 VEH SIG SEC (12")LED(RED ARW) EA 6  $                                           ‐    170 ‐ B 682‐6006 9999‐026 VEH SIG SEC (12")LED(RED ARW) EA 13 ‐$                                          171 ‐ A 682‐6018 3441‐005 PED SIG SEC (LED)(COUNTDOWN) EA 8  $                                           ‐    171 ‐ B 682‐6018 3441‐005 PED SIG SEC (LED)(COUNTDOWN) EA 24 ‐$                                          172 ‐ A 682‐6054 9999‐027 BACKPLATE W/REF BRDR (3 SEC)(VENT) ALUM EA 15  $                                           ‐    ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$ ‐$                             ‐$                             Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 172 ‐ B 682‐6054 9999‐027 BACKPLATE W/REF BRDR (3 SEC) (VENT) ALUM EA 26 ‐$                                          173 ‐ A 682‐6055 9999‐028 BACKPLATE W/REF BRDR (4 SEC)(VENT) ALUM EA 3  $                                           ‐    173 ‐ B 682‐6055 9999‐028 BACKPLATE W/REF BRDR (4 SEC) (VENT) ALUM EA 9 ‐$                                          174 ‐ A 682‐6056 9999‐029 BACKPLATE W/REF BRDR (5 SEC)(VENT) ALUM EA 1  $                                           ‐    174 ‐ B 682‐6056 9999‐029 BACKPLATE W/REF BRDR (5 SEC) (VENT) ALUM EA 8 ‐$                                          175 ‐ C 684‐6009 2605‐012 TRF SIG CBL (TY A)(12 AWG)(4 CONDR) LF 0 ‐$                             ‐$                                          176 ‐ A 684‐6031 2605‐013 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) LF 2,930  $                                           ‐    176 ‐ B 684‐6031 2605‐013 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) LF 7,261 ‐$                                          177 ‐ A 684‐6033 2605‐014 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) LF 342  $                                           ‐    177 ‐ B 684‐6033 2605‐014 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) LF 4,337 ‐$                                          178 ‐ A 684‐6046 2605‐017 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) LF 799  $                                           ‐    178 ‐ B 684‐6046 2605‐017 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) LF 2,484 ‐$                                          179 ‐ A 684‐6079 2605‐009 TRF SIG CBL (TY C)(12 AWG)(2 CONDR) LF 1,371  $                                           ‐    179 ‐ B 684‐6079 2605‐009 TRF SIG CBL (TY C)(12 AWG)(2 CONDR) LF 3,914 ‐$                                          180 ‐ A 686‐6044 3441‐053 INS TRF SIG PL AM(S)1 ARM(40')LUM&ILSN EA 2 ‐$                              $                                           ‐    181 ‐ A 686‐6048 3441‐055 INS TRF SIG PL AM(S)1 ARM(44')LUM&ILSN EA 1  $                                           ‐    181 ‐ B 686‐6048 3441‐055 INS TRF SIG PL AM(S)1 ARM(44')LUM&ILSN EA 3 ‐$                                          181 a ‐ B 686‐6052 3441‐057 INS TRF SIG PL AM(S)1 ARM(48')LUM&ILSN EA 1 ‐$                             ‐$                                          182 ‐ B 686‐6056 3441‐059 INS TRF SIG PL AM(S)1 ARM(50')LUM&ILSN EA 4 ‐$                             ‐$                                          183 ‐ A 686‐6060 3441‐061 INS TRF SIG PL AM(S)1 ARM(55')LUM&ILSN EA 1  $                                           ‐    183 ‐ B 686‐6060 3441‐061 INS TRF SIG PL AM(S)1 ARM(55')LUM&ILSN EA 1 ‐$                                          184 ‐ A 686‐6064 3441‐063 INS TRF SIG PL AM(S)1 ARM(60')LUM&ILSN EA 1  $                                           ‐    184 ‐ B 686‐6064 3441‐063 INS TRF SIG PL AM(S)1 ARM(60')LUM&ILSN EA 1 ‐$                                          185 ‐ A 686‐6068 3441‐065 INS TRF SIG PL AM(S)1 ARM(65')LUM&ILSN EA 1  $                                           ‐    185 ‐ B 686‐6068 3441‐065 INS TRF SIG PL AM(S)1 ARM(65')LUM&ILSN EA 2 ‐$                                          186 ‐ A 687‐6001 3441‐037 PED POLE ASSEMBLY EA 4  $                                           ‐    186 ‐ B 687‐6001 3441‐034 PED POLE ASSEMBLY EA 13 ‐$                                          187 ‐ A 688‐6001 3441‐010 PED DETECT PUSH BUTTON (APS) (POLARA NAVIGATOR PB STATION) EA 6  $                                           ‐    187 ‐ B 688‐6001 3441‐036 PED DETECT PUSH BUTTON (APS) (POLARA NAVIGATOR PB STATION) EA 24 ‐$                                          188 ‐ A 688‐6003 9999‐030 PED DETECTOR CONTROLLER UNIT (POLARA NAVIGATOR CCU) EA 2  $                                           ‐    188 ‐ B 688‐6003 9999‐030 PED DETECTOR CONTROLLER UNIT (POLARA NAVIGATOR CCU) EA 3 ‐$                                          189 ‐ A 690‐6008 2605‐069 INSTALL OF GROUND BOXES EA 42  $                                           ‐    189 ‐ B 690‐6008 2605‐069 INSTALL OF GROUND BOXES EA 89 ‐$                                          189 ‐ C 690‐6008 2605‐069 INSTALL OF GROUND BOXES EA 11 ‐$                                          190 ‐ A 690‐6125 3441‐079 INSTALL LUMINAIRE POLE EA 39  $                                           ‐    190 ‐ B 690‐6125 3441‐079 INSTALL LUMINAIRE POLE EA 76 ‐$                                          190 ‐ C 690‐6125 3441‐079 INSTALL LUMINAIRE POLE EA 9 ‐$                                          191 ‐ A 7032‐6102 9999‐031 TIE IN TO EX. 12" GATE VALVE EA 1 ‐$                              $                                           ‐    192 ‐ A 7049‐6129 0241‐053 CUT AND PLUG WATER MAIN (12") EA 2 ‐$                              $                                           ‐    193 ‐ ADENT‐0465 3342‐369 JCT BOX (COMPL)(SPL)(4' X 4') EA 12  $                                           ‐    193 ‐ BDENT‐0465 3342‐369 JCT BOX (COMPL)(SPL)(4' X 4') EA 12 ‐$                                          193 ‐ CDENT‐0465 3342‐369 JCT BOX (COMPL)(SPL)(4' X 4') EA 1  $                                           ‐    194 ‐ BDENT‐0465 3342‐371 JCT BOX (COMPL)(SPL)(5' X 5') EA 5 ‐$                                          194 ‐ CDENT‐0465 3342‐371 JCT BOX (COMPL)(SPL)(5' X 5') EA 1 ‐$                                          195 ‐ ADENT‐0465 3342‐371 JCT BOX (COMPL)(SPL)(6' X 6') EA 1  $                                           ‐    195 ‐ BDENT‐0465 3342‐371 JCT BOX (COMPL)(SPL)(6' X 6') EA 4 ‐$                                          196 ‐ BDENT‐0465 9999‐047 JCT BOX (COMPL)(SPL)(10' X 8') EA 1 ‐$                             ‐$                                          197 ‐ BDENT‐0465 9999‐048 JCT BOX (COMPL)(SPL)(12' X 6') EA 2 ‐$                             ‐$                                          198 ‐ ADENT‐0465 3342‐398 INLET (COMPL) (DROP) (SPL) EA 2  $                                           ‐    198 ‐ BDENT‐0465 3342‐398 INLET (COMPL) (DROP) (SPL) EA 8 ‐$                                          199 ‐ ADENT‐0465 3342‐385 INLET (CURB)(SPL)(10' RECESSED INLET) EA 17  $                                           ‐    199 ‐ BDENT‐0465 3342‐385 INLET (CURB)(SPL)(10' RECESSED INLET) EA 18 ‐$                                          199 ‐ CDENT‐0465 3342‐385 INLET (CURB)(SPL)(10' RECESSED INLET) EA 5 ‐$                                          200 ‐ ADENT‐0465 3342‐379 INLET (CURB)(SPL)(10' STANDARD INLET) EA 1  $                                           ‐    200 ‐ BDENT‐0465 3342‐379 INLET (CURB)(SPL)(10' STANDARD INLET) EA 6 ‐$                                          201 ‐ ADENT‐0465 3342‐386 INLET (CURB)(SPL)(15' RECESSED INLET) EA 10  $                                           ‐    201 ‐ BDENT‐0465 3342‐386 INLET (CURB)(SPL)(15' RECESSED INLET) EA 28 ‐$                                          201 ‐ CDENT‐0465 3342‐386 INLET (CURB)(SPL)(15' RECESSED INLET) EA 2  $                                           ‐    202 ‐ ADENT‐0465 3342‐386 INLET (CURB)(SPL)(20' RECESSED INLET) EA 3  $                                           ‐    202 ‐ BDENT‐0465 3342‐387 INLET (CURB)(SPL)(20' RECESSED INLET) EA 15 ‐$                                          203 ‐ BDENT‐0465 3342‐381 INLET (CURB)(SPL)(20' STANDARD INLET) EA 3 ‐$                             ‐$                                          204 ‐ ADENT‐0465 9999‐007 INLET (CURB)(SPL)(OPEN BACK CURB INLET) EA 2  $                                           ‐    204 ‐ BDENT‐0465 9999‐049 INLET (CURB)(SPL)(OPEN BACK CURB INLET) EA 2 ‐$                                          205 ‐ ADENT‐0529 3216‐001 CONCRETE CURB (SPECIAL) LF 12,330  $                                           ‐    205 ‐ BDENT‐0529 3216‐001 CONCRETE CURB (SPECIAL) LF 27,359 ‐$                                          ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             Item No. Spec. Section No. Description No. Description UOM BID QTY Unit Price Extended Price 205 ‐ CDENT‐0529 3216‐001 CONCRETE CURB (SPECIAL) LF 1,453 ‐$                                          206 ‐ BDENT‐6001 3314‐138 6" PVC WATER PIPE (C900 DR14) LF 90 ‐$                                          206 ‐ CDENT‐6001 3314‐138 6" PVC WATER PIPE (C900 DR14) LF 30 ‐$                                          207 ‐ CDENT‐6002 3314‐142 8" PVC WATER PIPE (C900 DR14) LF 15 ‐$                             ‐$                                          208 ‐ BDENT‐6004 9999‐050 EXTRA IRON FITTINGS TONS 1.48 ‐$                                          208 ‐ CDENT‐6004 9999‐050 EXTRA IRON FITTINGS TONS 1.63 ‐$                                          209 ‐ BDENT‐6006 3314‐407 INSTALL FIRE HYDRANT EA 4 ‐$                                          209 ‐ CDENT‐6006 3314‐407 INSTALL FIRE HYDRANT EA 3 ‐$                                          210 ‐ BDENT‐6009 3314‐327 6" GATE VALVE (C509 RESILENT SEAT) EA 4 ‐$                                          210 ‐ CDENT‐6009 3314‐327 6" GATE VALVE (C509 RESILENT SEAT) EA 3 ‐$                                          211 ‐ CDENT‐6010 3314‐328 8" GATE VALVE (C509 RESILENT SEAT) EA 3 ‐$                             ‐$                                          212 ‐ ADENT‐6036 3314‐146 12" PVC WATER PIPE (C900 DR14) LF 37  $                                           ‐    212 ‐ BDENT‐6036 3314‐146 12" PVC WATER PIPE (C900 DR14) LF 498 ‐$                                          212 ‐ CDENT‐6036 3305‐097 12" PVC WATER PIPE (C900 DR14) LF 968 ‐$                                          213 ‐ ADENT‐6037 3314‐329 12" GATE VALVE (C509 RESILIENT SEAT) EA 1  $                                           ‐    213 ‐ BDENT‐6037 3314‐329 12" GATE VALVE (C509 RESILENT SEAT) EA 2 ‐$                                          213 ‐ CDENT‐6037 3314‐329 12" GATE VALVE (C509 RESILENT SEAT) EA 4 ‐$                                          214 ‐ BDENT‐7001 9999‐051 6" RESTRAINED JOINTS LF 13 ‐$                                          214 ‐ CDENT‐7001 9999‐051 6" RESTRAINED JOINTS LF 2  $                                           ‐    215 ‐ CDENT‐7002 9999‐056 8" RESTRAINED JOINTS LF 5 ‐$                             ‐$                                          216 ‐ BDENT‐7003 9999‐052 12" RESTRAINED JOINTS LF 104 ‐$                                          216 ‐ CDENT‐7003 9999‐052 12" RESTRAINED JOINTS LF 187 ‐$                                          217 ‐ BDENT‐7005 3305‐019 BORE 12" WATER LINE & STEEL ENCASEMENT LF 271 ‐$                                          217 ‐ CDENT‐7005 3305‐019 BORE 12" WATER LINE & STEEL ENCASEMENT LF 125 ‐$                                          218 ‐ ADENT 7006 3314‐348 12" TAPPING SLEEVE EA 1 ‐$                              $                                           ‐    219 ‐ ADENT‐7006 0241‐085 ABANDON 12" WATER LINE IN PLACE LF 2,831 ‐$                              $                                           ‐    220 ‐ BDENT‐7008 3314‐014 16" WATER LINE (DI C151) LF 1,932 ‐$                             ‐$                                          221 ‐ BDENT‐7009 9999‐053 16" RESTRAINED JOINTS LF 167 ‐$                             ‐$                                          222 ‐ BDENT‐7010 3314‐330 16" GATE VALVE C515 RESILENT SEAT EA 1 ‐$                             ‐$                                          223 ‐ BDENT‐7011 9999‐054 2" COMBO AIR RELEASE VALVE EA 1 ‐$                             ‐$                                          224 ‐ BDENT‐7020 9999‐055 SEPTIC TANK REMOVAL EA 1 ‐$                             ‐$                                          225 ‐ BDENT‐7032 9999‐045  CONNECT TO PROPOSED 16" WL EA 2 ‐$                             ‐$                                          226 ‐ BDENT‐7032 9999‐046  CONNECT TO EXISTING 12" WL EA 2 ‐$                             ‐$                                          228 500‐6001 3314‐407 Mobilization LS 1 ‐$                             ‐$                                          Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction TOTAL PROJECT BID: TOTAL BASE BID: ‐$                             ‐$                             227 502‐6001 3471‐001 BARRICADES, SIGNS AND TRAFFIC HANDLING MONTH 30 ‐$                                          ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             ‐$                             00 43 13  BID BOND  Page 1 of 2  CITY OF DENTON IFB 8472  STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011‐1  Revised November 23, 2020   Effective January 15, 2021 SECTION 00 43 13 1  BID BOND 2  3  KNOW ALL BY THESE PRESENTS: 4  That we, (Bidder Name)___________________________________________________, 5  known as “Principal” herein, and (Surety Name)_____________________________________, a 6  corporate surety duly authorized to do business in the State of Texas, known as “Surety” herein, 7  are held and firmly bound unto the City of Denton, a Texas home‐rule municipal corporation 8  created pursuant to the laws of Texas, known as “City” herein, in the penal sum of five percent 9  (5%) of Bidder’s maximum bid price, in lawful money of the United States, to be paid in Denton, 10  Denton County, Texas for the payment of which sum well and truly to be made, we bind 11  ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 12  firmly by these presents. 13  WHEREAS, the Principal has submitted a proposal to perform work for the following 14  project designated as 15  Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction 16  from US 380 to US 77 17  NOW, THEREFORE, the condition of this obligation is such that if the City shall award the 18  Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements 19  and conditions required for the execution of the Contract and shall enter into the Contract in 20  writing with the City in accordance with the terms of such same, then this obligation shall be and 21  become null and void. If, however, the Principal fails to execute such Contract in accordance with 22  the terms of same or fails to satisfy all requirements and conditions required for the execution of 23  the Contract, this bond shall become the property of the City, without recourse of the Principal 24  and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the 25  difference between Principal’s total bid amount and the next selected bidder’s total bid amount. 26  PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in the 27  state district court of Denton County, Texas. 28  29  27 00 43 13  BID BOND  Page 2 of 2  CITY OF DENTON IFB 8472  STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011‐1  Revised November 23, 2020   Effective January 15, 2021 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 1  instrument by duly authorized agents and officers on this the _______ day of 2  ____________________, 20___. 3  4  5  By: ___________________________________________________________________________ 6  (Principal Name) 7  8  ______________________________________________________________________________ 9  (Signature and Title of Principal) 10  11  *By: __________________________________________________________________________12  (Surety Name) 13  14  ______________________________________________________________________________ 15  (Signature of Attorney‐in‐Fact) 16  17  *Attach Power of Attorney (Surety) for Attorney‐in‐Fact18  END OF SECTION 19  Impressed  Surety Seal  28 00 43 36  PROPOSED SUBCONTRACTORS FORM  Page 1 of 2  CITY OF DENTON IFB 8472  STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011‐1  Revised November 23, 2020  Effective January 15, 2021 SECTION 00 43 36 1  PROPOSED SUBCONTRACTORS FORM 2  3  Each Bidder for a City procurement is required to complete the information below by identifying 4  the proposed subcontractors whom they intend to utilize and the approximate percentage of the 5  overall contract that will be allocated to each entity. Bidder is reminded that a minimum of 35% 6  of the Contract must be performed by Bidder’s company. 7  8  Company Name Type of Work to be Performed  Overall  Contract  Percentage (%)  General Contractor:  Subcontractors:  9  10  The undersigned hereby certifies that the subcontractors described in the table above 11  will be utilized for this project at the approximate percentage levels indicated above.  12  13  14  15  29 00 43 36  PROPOSED SUBCONTRACTORS FORM  Page 2 of 2  CITY OF DENTON IFB 8472  STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011‐1  Revised November 23, 2020  Effective January 15, 2021 BIDDER: 1  2  _____________________________________    By: ___________________________________ 3  Company (Please Print) 4  5  _____________________________________    Signature: ______________________________ 6  Address 7  8  _____________________________________ Title: __________________________________ 9  City/State/Zip (Please Print) 10  11  Date: __________________________________ 12  13  END OF SECTION 14  30 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 1 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 13 1 BIDDER'S MINIMUM QUALIFICATION STATEMENT 2 3 List three (3) Government references, other than the City of Denton, who can verify the quality of service 4 your company provides. The City prefers customers of similar size and scope of work to this solicitation. 5 6 REFERENCE ONE 7 GOVERNMENT/COMPANY NAME: 8 LOCATION: 9 CONTACT PERSON AND TITLE: 10 TELEPHONE NUMBER: 11 SCOPE OF WORK: 12 CONTRACT PERIOD: 13 14 REFERENCE TWO 15 GOVERNMENT/COMPANY NAME: 16 LOCATION: 17 CONTACT PERSON AND TITLE: 18 TELEPHONE NUMBER: 19 SCOPE OF WORK: 20 CONTRACT PERIOD: 21 22 REFERENCE THREE 23 GOVERNMENT/COMPANY NAME: 24 LOCATION: 25 CONTACT PERSON AND TITLE: 26 TELEPHONE NUMBER: 27 SCOPE OF WORK: 28 CONTRACT PERIOD: 29 30 31 32 33 31 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 2 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 PROJECT INFORMATION FORM 1 2 Detail three (3) of the most recent projects Bidder’s firm has completed providing 3 services similar to this project: 4 5 Project #1 6 Name of Project: 7 8 Project Owner Name, Address and Phone Number: 9 10 Original Contract Amount: 11 12 Final Contract Amount: 13 14 Contract Time Allotted (Calendar Days): 15 16 Start Date for Project: 17 18 Final Completion Date for Project: 19 20 Number of Days to complete (calendar days): 21 22 23 Detail the project, including size, length, and materials used. Also describe any known contractual issues, 24 successes, or potential problems and solutions encountered. 25 26 _________________________________________________________________________________________27 _________________________________________________________________________________________28 _________________________________________________________________________________________29 _________________________________________________________________________________________30 _________________________________________________________________________________________31 _________________________________________________________________________________________32 _________________________________________________________________________________________33 _________________________________________________________________________________________34 _________________________________________________________________________________________35 _________________________________________________________________________________________36 _________________________________________________________________________________________37 _________________________________________________________________________________________ 38 39 32 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 3 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 1 PROJECT INFORMATION FORM 2 3 4 5 6 Project #2 7 Name of Project: 8 9 Project Owner Name, Address and Phone Number: 10 11 Original Contract Amount: 12 13 Final Contract Amount: 14 15 Contract Time Allotted (Calendar Days): 16 17 Start Date for Project: 18 19 Final Completion Date for Project: 20 21 Number of Days to complete (calendar days): 22 23 24 Detail the project, including size, length, and materials used. Also describe any known contractual issues, 25 successes, or potential problems and solutions encountered. 26 27 _________________________________________________________________________________________28 _________________________________________________________________________________________29 _________________________________________________________________________________________30 _________________________________________________________________________________________31 _________________________________________________________________________________________32 _________________________________________________________________________________________33 _________________________________________________________________________________________34 _________________________________________________________________________________________35 _________________________________________________________________________________________36 _________________________________________________________________________________________37 _________________________________________________________________________________________38 _________________________________________________________________________________________39 _________________________________________________________________________________________40 __ 41 42 33 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 4 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 1 PROJECT INFORMATION FORM 2 3 4 5 Project #3 6 Name of Project: 7 8 Project Owner Name, Address and Phone Number: 9 10 Original Contract Amount: 11 12 Final Contract Amount: 13 14 Contract Time Allotted (Calendar Days): 15 16 Start Date for Project: 17 18 Final Completion Date for Project: 19 20 Number of Days to complete (calendar days): 21 22 23 Detail the project, including size, length, and materials used. Also describe any known contractual issues, 24 successes, or potential problems and solutions encountered. 25 26 _________________________________________________________________________________________27 _________________________________________________________________________________________28 _________________________________________________________________________________________29 _________________________________________________________________________________________30 _________________________________________________________________________________________31 _________________________________________________________________________________________32 _________________________________________________________________________________________33 _________________________________________________________________________________________34 _________________________________________________________________________________________35 _________________________________________________________________________________________36 _________________________________________________________________________________________37 _________________________________________________________________________________________38 _________________________________________________________________________________________39 __ 40 41 34 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 5 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SAFETY RECORD QUESTIONNAIRE 1 2 The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local 3 Government Code, and consider the safety records of potential contractors prior to award of City 4 contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has 5 adopted the following written definition and criteria for accurately determining the safety record 6 of a respondent prior to awarding City contracts. 7 8 The definition and criteria for determining the safety record of a respondent for this consideration 9 shall be: 10 11 The City of Denton shall consider the safety record of the respondent in determining the 12 responsibility thereof. The City may consider any incidence involving worker safety or 13 safety of the citizens of the City of Denton, be it related or caused by environmental, 14 mechanical, operational, supervision or any other cause or factor. Specifically, the City 15 may consider, among other things: 16 A. Complaints to, or final orders entered by, the Occupational Safety and Health17 Review Commission (OSHRC), against the respondent for violations of OSHA 18 regulations within the past three (3) years. 19 B. Citations (as defined below) from an Environmental Protection Agency (as20 defined below) for violations within the past five (5) years. Environmental 21 Protection Agencies include, but are not necessarily limited to, the U.S. Army 22 Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the 23 Environmental Protection Agency (EPA), the Texas Commission on 24 Environmental Quality (TCEQ), the Texas Natural Resource Conservation 25 Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of 26 Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural 27 Pest Control Board (SPCB), agencies of local governments responsible for 28 enforcing environmental protection or worker safety related laws or regulations, 29 and similar regulatory agencies of other states of the United States. Citations 30 include notices of violation, notices of enforcement, suspension/revocations of 31 state or federal licenses or registrations, fines assessed, pending criminal 32 complaints, indictments, or convictions, administrative orders, draft orders, final 33 orders, and judicial final judgments. 34 C. Convictions of a criminal offense within the past ten (10) years, which resulted in35 bodily harm or death. 36 D. Any other safety related matter deemed by the City Council to be material in37 determining the responsibility of the respondent and his or her ability to perform 38 the services or goods required by the solicitation documents in a safe 39 environment, both for the workers and other employees of respondent and the 40 citizens of the City of Denton. 41 42 In order to obtain proper information from respondents so that City of Denton may consider the 43 safety records of potential contractors prior to awarding bids on City contracts, City of Denton 44 requires that respondents answer the following three (3) questions and submit them with their 45 submissions: 46 47 35 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 6 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 1 QUESTION ONE 2 3 Has the respondent, or the firm, corporation, partnership, or institution represented by the 4 respondent, or anyone acting for such firm, corporation, partnership or institution, received 5 citations for violations of OSHA within the past three (3) years? 6 7 YES NO 8 9 If the respondent has indicated YES for question number one above, the respondent must provide 10 to City of Denton, with its submission, the following information with respect to each such 11 citation: 12 13 Date of offense, location of establishment inspected, category of offense, final disposition of 14 offense, if any, and penalty assessed. 15 16 QUESTION TWO 17 18 Has the respondent, or the firm, corporation, partnership, or institution represented by the 19 respondent, or anyone acting for such firm, corporation, partnership or institution, received 20 citations for violations of environmental protection laws or regulations, of any kind or type, 21 within the past five years? Citations include notice of violation, notice of enforcement, 22 suspension/revocations of state or federal licenses, or registrations, fines assessed, pending 23 criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, 24 and judicial final judgments. 25 26 YES NO 27 28 If the respondent has indicated YES for question number two above, the respondent must provide 29 to City of Denton, with its submission, the following information with respect to each such 30 conviction: 31 32 Date of offense or occurrence, location where offense occurred, type of offense, final disposition 33 of offense, if any, and penalty assessed. 34 35 QUESTION THREE 36 37 Has the respondent, or the firm, corporation, partnership, or institution represented by respondent, 38 or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, 39 within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or 40 death? 41 42 YES NO 43 44 If the respondent has indicated YES for question number three above, the respondent must 45 provide to City of Denton, with its submission, the following information with respect to each 46 such conviction: 47 Date of offense, location where offense occurred, type of offense, final disposition of offense, if 48 any, and penalty assessed. 49 36 00 45 13 BIDDER'S MINIMUM QUALIFICATION STATEMENT Page 7 of 7 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 END OF SECTION 1 37 00 45 26  CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW  Page 1 of 2  CITY OF DENTON IFB 8472  STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011‐1  Revised November 23, 2020  Effective January 15, 2021 SECTION 00 45 26 1  CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 2  Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 3  provides worker’s compensation insurance coverage for all of its employees employed on Bonnie 4  Brae Street Phase 6A, 6B, and 6C Reconstruction . Contractor further certifies that, pursuant to 5  Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor’s 6  certificates of compliance with worker’s compensation coverage. 7  8  CONTRACTOR: 9  10  _____________________________________    By: ___________________________________ 11  Company (Please Print) 12  13  _____________________________________    Signature: ______________________________ 14  Address 15  16  _____________________________________ Title: __________________________________ 17  City/State/Zip (Please Print) 18  19  20  THE STATE OF TEXAS  § 21  22  COUNTY OF DENTON  § 23  24  BEFORE ME, the undersigned authority, on this day personally appeared 25  ___________________________________, known to me to be the person whose name is 26  subscribed to the foregoing instrument, and acknowledged to me that he/she executed the 27  same as the act and deed of ____________________________________ for the purposes and 28  consideration therein expressed and in the capacity therein stated. 29  30  GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____________day of 31  _______________________, 20__. 32  33  34  38 00 45 26  CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW  Page 2 of 2  CITY OF DENTON IFB 8472  STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011‐1  Revised November 23, 2020  Effective January 15, 2021 __________________________________ 1  Notary Public in and for the State of Texas 2  3  END OF SECTION 4  5  39 00 45 43 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES Page 1 of 1 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 43 1 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION 23 40 00 52 43 AGREEMENT Page 1 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 1 SECTION 00 52 43 2 AGREEMENT – UNIT PRICE BID 3 THIS AGREEMENT, authorized on ______________is made by and between the City of Denton, 4 a Texas home-rule municipal corporation, acting by and through its duly authorized City Manager, 5 (“City”), and ______________________________________________________________, 6 authorized to do business in Texas, acting by and through its duly authorized representative, 7 (“Contractor”). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Bonnie Brae Phase 6A, 6B, and 6C 16 Reconstruction__________________________________________________________ 17 Project Number 180011-1______________________________________________________ 18 Article 3. CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 Documents an amount, in current funds, of __________________________________Dollars 21 ($___________________). At the sole option of the City, five (5) percent contingency in the 22 amount of __________________________________Dollars ($___________________) may be 23 used for a total not-to-exceed amount of __________________________________Dollars 24 ($___________________). 25 Article 4. CONTRACT TIME 26 4.1 Time is of the essence. 27 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 28 Documents are of the essence to this Contract. 29 The Contractor shall following construction milestones completed at the stated dates: 30 The East side of Riney Road intersection with Bonnie Brae Street must be 31 complete to its final condition by April 4, 2025. 32 Riney Road construction from Bonnie Brae Street to Hardway Road(Phase 6C) 33 must be complete to its final condition by August 8, 2025. 34 The West side of Riney Road intersection with Bonnie Brae Street must be 35 complete to its final condition by November 7, 2025. 36 41 00 52 43 AGREEMENT Page 2 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 4.2 Final Acceptance. 1 The Work will be completed for Final Acceptance within 481 working days after the date 2 when the Contract Time commences to run, which is the day indicated in the Notice to 3 Proceed, plus any extension thereof allowed in accordance with Article 11 of the General 4 Conditions. 5 6 4.4 Liquidated Damages: 7 A.Contractor recognizes that time is of the essence to achieve Milestones and Final8 Acceptance of the Work, and City will suffer financial and other losses if the Work is9 not completed within the times specified in the Contract Documents. The Contractor10 also recognizes the delays, expense and difficulties involved in proving, in a legal or11 arbitration proceeding, the actual loss suffered by the City if the Work related to the12 Milestones or Final Acceptance is not completed on time. Accordingly, instead of13 requiring any such proof, Contractor agrees that liquidated damages for delay (but not14 as a penalty):15 1.Final Acceptance: If Contractor neglects, refuse, or fails to complete the Work16 within the time (as duly adjusted pursuant to the Contract) specified in Paragraph17 4.2, for completion and readiness for Final Payment, Contractor shall pay City Two18 Thousand Five Hundred Dollars ($2,500) for each day that expires after such time,19 until the date determined by City as stated in the City-issued Letter of Final20 Acceptance.21 Article 5. CONTRACT DOCUMENTS 22 5.1 CONTENTS: 23 A. The Contract comprises the entire agreement between City and Contractor concerning the24 Work and consists of this Agreement and the items set forth below. The Contract25 Documents consist of all items below other than this Agreement.26 1.Attachments to this Agreement:27 a.Proposal Form28 1)Bid Form29 2)Unit Price Proposal Form30 3)State and Federal documents (project specific)31 a)Certificate Regarding Lobbying32 b)Disclosure of Lobbying Activities33 c)State of Texas Child Support Business Ownership Form34 d)Conflict of Interest Affidavit35 e)Proposed Subcontractor Form36 f)Contractor Compliance with Workers Compensation Law37 b.Current Prevailing Wage Rate Table38 c.Worker’s Compensation Affidavit39 d.General Conditions.40 e.Supplementary Conditions.41 2.The following located in File IFB 8472 at:42 https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?id=19&43 dbid=0&repo=MaterialsManagement&cr=1 44 42 00 52 43 AGREEMENT Page 3 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 a. Specifications described in the Table of Contents of the Project’s Contract 1 Documents. 2 b. Drawings. 3 c. Addenda. 4 d. Documentation submitted by Contractor prior to Notice of Award. 5 3. The following which shall be issued after the Effective Date and delivered to the City 6 within ten (10) days of the Effective Date and before beginning Work: 7 a. Payment Bond 8 b. Performance Bond 9 c. Power of Attorney for the Bonds 10 d. Form 1295 – Certificate of Interested Parties (email to purchasing) 11 e. Insurance Certificate 12 4. Specifications specifically made a part of the Contract Documents by attachment or, 13 if not attached, as incorporated by reference and described in the Table of Contents 14 of the Project’s Contract Documents. 15 5. The following which may be delivered or issued after the Effective Date of the 16 Agreement and, if issued, become an incorporated part of the Contract Documents: 17 a. Notice to Proceed. 18 b. Field Orders. 19 c. Change Orders. 20 d. Letter of Final Acceptance. 21 Article 6. INDEMNIFICATION 22 6.1 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD 23 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, 24 ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND 25 AGAINST ANY AND ALL CLAIMS FOR PERSONAL INJURY OR DEATH, 26 ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR IN 27 CONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE 28 CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, 29 LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS 30 INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE 31 AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR 32 SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN 33 PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THIS 34 INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT 35 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND 36 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH 37 CLAIMS AND CAUSES OF ACTIONS. 38 39 43 00 52 43 AGREEMENT Page 4 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 6.2 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD 1 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, 2 ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND 3 AGAINST ANY AND ALL CLAIMS FOR, LOSS OF, DAMAGE TO, OR 4 DESTRUCTION OF, PROPERTY OF THE CITY OR OF A THIRD PARTY, 5 ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR IN 6 CONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE 7 CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, 8 LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS 9 INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE 10 AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR 11 SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN 12 PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THIS 13 INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT 14 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND 15 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH 16 CLAIMS AND CAUSES OF ACTIONS. 17 Article 7. MISCELLANEOUS 18 7.1 Capitalized Terms. 19 Unless otherwise provided herein, capitalized terms used in this Agreement which are 20 defined in Article 1 of the General Conditions will have the meanings indicated in the General 21 Conditions. 22 7.2 Assignment of Contract. 23 This Agreement, including all of the Contract Documents may not be assigned by the 24 Contractor without the advance express written consent of the City. 25 7.3 Successors and Assigns. 26 City and Contractor each binds itself, its partners, successors, assigns and legal 27 representatives to the other party hereto, in respect to all covenants, agreements and 28 obligations contained in the Contract Documents. 29 7.4 Severability. 30 Any provision or part of the Contract Documents held to be unconstitutional, void or 31 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 32 remaining provisions shall continue to be valid and binding upon City and Contractor. 33 7.5 Venue and Waiver of Sovereign Immunity. 34 This Agreement, including all of the Contract Documents is performable in the State of 35 Texas. Venue shall be in the state district courts of Denton County, Texas. The City’s 36 sovereign immunity is waived only to the extent set forth and in accordance with the 37 provisions of Subchapter I, Chapter 271 of the Texas Local Government Code or as otherwise 38 specifically waived by law. The City does not waive its sovereign immunity to suit in federal 39 court. 40 44 00 52 43 AGREEMENT Page 5 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 7.6 Authority to Sign. 1 Contractor hereby certifies that the person signing the Agreement on its behalf is the duly 2 authorized signatory of the Contractor. 3 7.7 Prohibition on Contracts with Companies Boycotting Israel. 4 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 5 Code, the City is prohibited from entering into a contract with a company for goods or 6 services unless the contract contains a written verification from the company that it: (1) does 7 not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms 8 “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 9 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that 10 Contractor’s signature provides written verification to the City that Contractor: (1) does not 11 boycott Israel; and (2) will not boycott Israel during the term of the contract. 12 7.8 Prohibition on Contracts with Companies Boycotting Certain Energy Companies 13 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government 14 Code, City is prohibited from entering into a contract with a company for goods or services 15 unless the contract contains written verification from the company that it (1) does not boycott 16 energy companies; and (2) will not boycott energy companies during the term of the contract. 17 The terms “boycott energy company” and “company” shall have the meanings ascribed to 18 those terms in Section 809.001 of the Texas Government Code. By signing this agreement, 19 Contractor certifies that Contractor’s signature provides written verification to the City that 20 Contractor: (1) does not boycott energy companies; and (2) will not boycott energy 21 companies during the term of the agreement. Failure to meet or maintain the requirements 22 under this provision will be considered a material breach. 23 7.9 Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm 24 Trade Associations. 25 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government 26 Code, City is prohibited from entering into a contract with a company for goods or services 27 unless the contract contains written verification from the company that it (1) does not have a 28 practice, policy, guidance, or directive that discriminates against a firearm entity or firearm 29 trade association; and (2) will not discriminate during the term of the contract against a 30 firearm entity or firearm trade association. The terms “discriminate against a firearm entity 31 or firearm trade association,” “firearm entity” and “firearm trade association” shall have the 32 meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By 33 signing this agreement, Contractor certifies that Contractor’s signature provides written 34 verification to the City that Contractor: (1) does not have a practice, policy, guidance, or 35 directive that discriminates against a firearm entity or firearm trade association; and (2) 36 will not discriminate during the term of the contract against a firearm entity or firearm 37 trade association. Failure to meet or maintain the requirements under this provision will be 38 considered a material breach. 39 7.10 Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign 40 Terrorist Organization 41 Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with 42 companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing 43 this agreement, Contractor certifies that Contractor’s signature provides written 44 verification to the City that Contractor, pursuant to Chapters 2252 and 2270, is not 45 45 00 52 43 AGREEMENT Page 6 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 ineligible to enter into this agreement and will not become ineligible to receive payments 1 under this agreement by doing business with Iran, Sudan, or a foreign terrorist 2 organization. Failure to meet or maintain the requirements under this provision will be 3 considered a material breach. 4 7.11 Prohibition on Contracts with Companies Boycotting Certain Energy Companies 5 The City of Denton may terminate this Contract immediately without any further liability if 6 the City of Denton determines, in its sole judgment, that this Contract meets the requirements 7 under Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority 8 of stock or other ownership interest of the company is held or controlled by individuals who 9 are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly 10 controlled by the Government of China, Iran, North Korea, Russia, or other designated 11 country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated 12 country. 13 7.12 Immigration Nationality Act. 14 Contractor shall verify the identity and employment eligibility of its employees who perform 15 work under this Agreement, including completing the Employment Eligibility Verification 16 Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 17 and supporting eligibility documentation for each employee who performs work under this 18 Agreement. Contractor shall adhere to all Federal and State laws as well as establish 19 appropriate procedures and controls so that no services will be performed by any Contractor 20 employee who is not legally eligible to perform such services. CONTRACTOR SHALL 21 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 22 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 23 CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 24 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 25 to immediately terminate this Agreement for violations of this provision by Contractor. 26 7.13 No Third-Party Beneficiaries. 27 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 28 and there are no third-party beneficiaries. 29 7.14 No Cause of Action Against Engineer. 30 Contractor, its subcontractors and equipment and materials suppliers on the Project or their 31 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 32 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 33 services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 34 The presence or duties of the Engineer's personnel at a construction site, whether as on-site 35 representatives or otherwise, do not make the Engineer or its personnel in any way 36 responsible to Contractor or any other entity for those duties that belong to the City, and do 37 not relieve Contractor or any other entity of its obligations, duties, and responsibilities, 38 including, but not limited to, all construction methods, means, techniques, sequences, and 39 procedures necessary for performing, coordinating and completing all portions of the Work 40 in accordance with the Contract Documents and any health or safety precautions required by 41 such Work. The Engineer and its personnel have no authority to exercise any control over 42 any construction contractor or other entity or their employees in connection with their work 43 or any health or safety precautions. 44 45 46 00 52 43 AGREEMENT Page 7 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 SIGNATURE PAGE TO FOLLOW 1 2 47 00 52 43 AGREEMENT Page 8 of 8 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 21, 2021 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1 as of the date subscribed by the City’s City Manager or his designee (“Effective Date”). 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ATTEST: 40 LAUREN THODEN, CITY SECRETARY 41 42 43 _______________________________________ 44 45 46 APPROVED AS TO LEGAL FORM: 47 MACK REINWAND, CITY ATTORNEY 48 49 50 _______________________________________ 51 CITY OF DENTON BY: ___________________________________ TITLE: _________________________________ DATE: _________________________________ CONTRACTOR [CONTRACTOR’S CORPORATE NAME HERE] BY: ___________________________________ AUTHORIZED AGENT _______________________________________ NAME _______________________________________ TITLE _______________________________________ PHONE NUMBER _______________________________________ EMAIL ADDRESS _______________________________________ 52 TEXAS ETHICS COMMISSION 53 1295 CERTIFICATE NUMBER 54 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT 48 00 61 13 PERFORMANCE BOND Page 1 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 61 13 1 PERFORMANCE BOND 2 3 THE STATE OF TEXAS § 4 §KNOW ALL BY THESE PRESENTS:5 COUNTY OF DENTON § 6 That we, _____________________________________________________, known as 7 “Principal” herein and ____________________________________________, a corporate 8 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 9 “Surety” herein (whether one or more), are held and firmly bound unto the City of Denton, a 10 Texas home-rule municipal corporation created pursuant to the laws of Texas, known as “City” 11 herein, in the penal sum of, ___________________________________________ Dollars 12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton 13 County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our 14 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 15 presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the _____ day of ________________, 20___, which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 19 labor and other accessories defined by law, in the prosecution of the Work, including any Change 20 Orders, as provided for in said Contract designated as Bonnie Brae Street Phase 6A, 6B, and 6C 21 Reconstruction 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 the state district courts of Denton County, Texas. 30 49 00 61 13 PERFORMANCE BOND Page 2 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 1 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 2 accordance with the provisions of said statue. 3 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 4 this instrument by duly authorized agents and officers on this the day of 5 , 20 . 6 PRINCIPAL: 7 ____________________________________8 ____________________________________9 10 BY: ________________________________11 Signature12 ATTEST: 13 14 ______________________________ ____________________________________15 (Principal) Secretary Name and Title 16 17 Address: ____________________________18 ____________________________19 ____________________________20 _____________________________ 21 Witness as to Principal 22 SURETY:23 ____________________________________24 ____________________________________25 26 BY: ________________________________27 Signature28 29 ____________________________________30 Name and Title 31 32 Address: ____________________________33 ____________________________34 ____________________________35 _____________________________ 36 Witness as to Surety Telephone Number: ___________________ 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety’s physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 45 50 00 61 14 PAYMENT BOND Page 1 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 61 14 1 PAYMENT BOND 2 3 THE STATE OF TEXAS § 4 §KNOW ALL BY THESE PRESENTS:5 COUNTY OF DENTON § 6 That we, _____________________________________________________, known as 7 “Principal” herein, and _________________________________________________________, a 8 corporate surety (sureties), duly authorized to do business in the State of Texas, known as “Surety” 9 herein (whether one or more), are held and firmly bound unto the City of Denton, a Texas home-10 rule municipal corporation created pursuant to the laws of the State of Texas, known as “City” 11 herein, in the penal sum of___________________________________________ Dollars 12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton 13 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 14 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 15 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 16 _____ day of ______________________, 20_____, which Contract is hereby referred to and made 17 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 18 and other accessories as defined by law, in the prosecution of the Work as provided for in said 19 Contract and designated as Bonnie Brae Street Phase 6A, 6B, and 6C Reconstruction. 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 21 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 22 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 23 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 24 force and effect. 25 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 26 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 27 accordance with the provisions of said statute. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in the state 29 district courts of Denton County, Texas. 30 51 00 61 14 PAYMENT BOND Page 2 of 2 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 1 this instrument by duly authorized agents and officers on this the _________ day of 2 ___________________, 20_____. 3 4 PRINCIPAL: _________________________________ _________________________________ ATTEST: BY: _____________________________ Signature ___________________________________ _____________________________ (Principal) Secretary Name and Title Address: _________________________ _________________________ ___________________________________ _________________________ Witness as to Principal SURETY: _________________________________ _________________________________ ATTEST: BY: _____________________________ Signature __________________________________ _____________________________ (Surety) Secretary Name and Title Address: _________________________ _________________________ __________________________________ _________________________ Witness as to Surety Telephone Number: ________________ 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 6 showing that this person has authority to sign such obligation. If Surety’s physical address is 7 different from its mailing address, both must be provided. 8 9 THE DATE OF THE BOND SHALL NOT BE PRIOR 10 TO THE DATE THE CONTRACT IS AWARDED.11 END OF SECTION 12 52 00 61 25 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 END OF SECTION 21 53 00 72 00 GENERAL CONDITIONS Page i of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 54 00 72 00 GENERAL CONDITIONS Page ii of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – DEFINITIONS AND TERMINOLOGY .............................................................................. 1 1.01 Defined Terms .............................................................................................................................. 1 1.02 Terminology .................................................................................................................................. 6 ARTICLE 2 – PRELIMINARY MATTERS ................................................................................................ 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ........................................ 7 2.02 Copies of Documents .................................................................................................................... 7 2.03 Before Starting Construction ........................................................................................................ 7 2.04 Preconstruction ConferenceMeeting ............................................................................................. 8 2.05 Public Meeting .............................................................................................................................. 8 2.06 Initial Acceptance of Schedules .................................................................................................... 8 2.07 Electronic Submittals and Transmittals ........................................................................................ 8 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE ............................... 8 3.01 Intent ............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Requirements of the Contract Documents .................................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 10 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK................................................ 11 4.01 Commencement of Contract Time; Notice to Proceed ............................................................... 11 4.02 Starting the Work ........................................................................................................................ 11 4.03 Delays in Contractor’s Progress .................................................................................................. 11 ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS......................................................................................................... 12 5.01 Availability of Lands .................................................................................................................. 12 5.02 Use of Site and Other Areas ........................................................................................................ 13 5.03 Subsurface and Physical Conditions ........................................................................................... 14 5.04 Differing Subsurface or Physical Conditions .............................................................................. 15 5.05 Underground Facilities ................................................................................................................ 16 5.06 Hazardous Environmental Conditions at Site ............................................................................. 17 55 00 72 00 GENERAL CONDITIONS Page iii of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 6 – BONDS AND INSURANCE .............................................................................................. 18 6.01 Licensed Sureties and Insurers .................................................................................................... 18 6.02 Performance and Payment Bonds ............................................................................................... 18 6.03 Certificates of Insurance ............................................................................................................. 19 6.04 Contractor’s Insurance ................................................................................................................ 21 6.05 Acceptance of Bonds and Insurance; Option to Replace ............................................................ 22 ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES .......................................................................... 22 7.01 Contractor’s Means and Methods of Construction ..................................................................... 22 7.02 Supervision and Superintendence ............................................................................................... 22 7.03 Labor; Working Hours ................................................................................................................ 23 7.04 Services, Materials, and Equipment ............................................................................................ 23 7.05 Project Schedule .......................................................................................................................... 24 7.06 “Or Equals” ................................................................................................................................. 24 7.07 Substitutions ................................................................................................................................ 25 7.08 Concerning Subcontractors and Suppliers .................................................................................. 27 7.09 Wage Rates ................................................................................................................................. 28 7.10 Patent Fees and Royalties ........................................................................................................... 29 7.11 Permits and Utilities .................................................................................................................... 29 7.12 Taxes ........................................................................................................................................... 30 7.13 Laws and Regulations ................................................................................................................. 30 7.14 Record Documents ...................................................................................................................... 31 7.15 Safety and Protection .................................................................................................................. 31 7.16 Hazard Communication Programs .............................................................................................. 32 7.17 Emergencies and/or Rectification ............................................................................................... 32 7.18 Submittals ................................................................................................................................... 32 7.19 Continuing the Work ................................................................................................................... 34 7.20 Contractor’s General Warranty and Guarantee ........................................................................... 34 7.21 Indemnification ........................................................................................................................... 35 7.22 Delegation of Professional Design Services ............................................................................... 35 7.23 Right to Audit ............................................................................................................................. 36 7.24 Nondiscrimination ....................................................................................................................... 37 ARTICLE 8 – OTHER WORK AT THE SITE .......................................................................................... 37 8.01 Other Work ................................................................................................................................. 37 8.02 Coordination ............................................................................................................................... 38 56 00 72 00 GENERAL CONDITIONS Page iv of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 8.03 Legal Relationships ..................................................................................................................... 38 ARTICLE 9 – CITY’S RESPONSIBILITIES ............................................................................................ 38 9.01 Communications to Contractor ................................................................................................... 38 9.02 Furnish Data ................................................................................................................................ 39 9.03 Pay When Due ............................................................................................................................ 39 9.04 Lands and Easements; Reports, Tests, and Drawings ................................................................. 39 9.05 Change Orders ............................................................................................................................ 39 9.06 Inspections, Tests, and Approvals ............................................................................................... 39 9.07 Limitations on City’s Responsibilities ........................................................................................ 39 9.08 Undisclosed Hazardous Environmental Condition ..................................................................... 39 9.09 Compliance with Safety Program ............................................................................................... 39 ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION ................................................ 39 10.01 City’s Project Manager or Duly Authorized Representative .................................................. 39 10.02 Visits to Site ............................................................................................................................ 40 10.03 Determinations for Work Performed ...................................................................................... 40 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 40 ARTICLE 11 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK ............................................... 40 11.01 Amending and Supplementing the Contract ........................................................................... 40 11.02 Execution of Change Orders ................................................................................................... 41 11.03 Field Orders ............................................................................................................................ 41 11.04 Authorized Changes in the Work – Extra Work ..................................................................... 41 11.05 Unauthorized Changes in the Work ........................................................................................ 41 11.06 Dispute of Extra Work ............................................................................................................ 41 11.07 Contract Claims Process ......................................................................................................... 42 11.08 Change of Contract Price ........................................................................................................ 43 11.09 Change of Contract Time ........................................................................................................ 44 11.10 Notification to Surety .............................................................................................................. 44 ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT ...................................................................................................................................... 44 12.01 Cost of the Work ..................................................................................................................... 44 12.02 Allowances .............................................................................................................................. 47 12.03 Unit Price Work ...................................................................................................................... 48 12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment .......................... 49 57 00 72 00 GENERAL CONDITIONS Page v of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK .................................................................................................................................. 49 13.01 Access to Work ....................................................................................................................... 49 13.02 Tests, Inspections .................................................................................................................... 49 13.03 Defective Work ....................................................................................................................... 50 13.04 Rejecting Defective Work ....................................................................................................... 51 13.05 Acceptance of Defective Work ............................................................................................... 51 13.06 Uncovering Work .................................................................................................................... 51 13.07 City May Stop the Work ......................................................................................................... 52 13.08 City May Correct Defective Work .......................................................................................... 52 ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD ............ 53 14.01 Progress Payments .................................................................................................................. 53 14.02 Contractor’s Warranty of Title ................................................................................................ 56 14.03 Partial Utilization .................................................................................................................... 56 14.04 Final Inspection ....................................................................................................................... 56 14.05 Final Acceptance ..................................................................................................................... 56 14.06 Final Payment ......................................................................................................................... 56 14.07 Final Completion Delayed and Partial Retainage Release ...................................................... 57 14.08 Waiver of Claims .................................................................................................................... 58 14.09 Correction Period .................................................................................................................... 58 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION ......................................................... 59 15.01 City May Suspend Work ......................................................................................................... 59 15.02 City May Terminate for Cause ................................................................................................ 59 15.03 City May Terminate for Convenience..................................................................................... 61 ARTICLE 16 – FINAL RESOLUTION OF DISPUTES ........................................................................... 62 16.01 Methods and Procedures ......................................................................................................... 62 ARTICLE 17 – MISCELLANEOUS ......................................................................................................... 63 17.01 Giving Notice .......................................................................................................................... 63 17.02 Computation of Times ............................................................................................................ 64 17.03 Cumulative Remedies ............................................................................................................. 64 17.04 Limitation of Damages ............................................................................................................ 64 17.05 No Waiver ............................................................................................................................... 64 17.06 Survival of Obligations ........................................................................................................... 64 17.07 Assignment of Contract .......................................................................................................... 64 58 00 72 00 GENERAL CONDITIONS Page vi of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 17.08 Successors and Assigns ........................................................................................................... 65 17.09 Headings ................................................................................................................................. 65 59 00 72 00 GENERAL CONDITIONS Page 1 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument titled “Agreement”, “Agreement – CSP”, or “Agreement – Unit Price Bid” executed by the City and Contractor for the Work, setting forth the name of the Project, Contract Price, Contract Time and the items included in the Contract. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. The term “Bid” shall be defined to include the term “Proposal” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 7. Bidder—The individual or entity that submits a Bid directly to City. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). The term “Bidding Documents” shall be defined to include the terms “Proposal Documents” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 9. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. The term “Bidding Requirements” shall be defined to include the terms “Proposal Requirements” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and will include the Request for Proposal or Invitation to Offerors, Instructions to Offerors, Offerors Bond or other Proposal security, if any, the Proposal Form, and the Proposal with any attachments. 60 00 72 00 GENERAL CONDITIONS Page 2 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 10. Business Day—A day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. 12. Change Order—A document which is prepared by the Contractor or City, approved by the City, and signed by Contractor and City, authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City—The City of Denton is, a Texas home-rule municipal corporation acting by its City Council through its City Manager or his or her designee. 14. City Attorney—The officially appointed City Attorney of the City of Denton or his or her designee. 15. City Council—The duly elected and qualified governing body of the City of Denton. 16. City Manager—The officially appointed authorized City Manager of the City of Denton. 17. Contract—The entire and integrated set of written instruments between the City and Contractor concerning the Work comprised of the Agreement and all Contract Documents, which written instruments supersede all prior negotiations, representations, or agreements, whether written or oral, concerning the Work. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract Documents—Those items so designated as “Contract Documents.” in the Agreement at Paragraph 5.1.A. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 12.03 in the case of Unit Price Work). The Contract Price does not include any “Incentive”, if applicable. 21. Contract Time—The number of days or the dates stated in the Agreement to: (a) achieve Milestones, if any and (b) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 12.01 of these General Conditions for definition. 24. Damage Claims—A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 26. Drawings—The part of the Contract Documents prepared or approved by an Engineer that graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals, as defined, are not considered Drawings as so defined here. 61 00 72 00 GENERAL CONDITIONS Page 3 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 27. Effective Date of the Agreement—The date, indicated in the Agreement, on which it becomes effective,, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the City. 28. Electronic Document—Any Project-related correspondence, attachments to correspondence, text, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 29. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by the Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 30. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 31. Extra Work—Additional work made necessary by City-approved changes or alterations to the Contract Documents. Extra Work shall be part of the Work. 32. Field Order—A written directive issued by City that requires changes in the Work but does not involve a change to the Contract Price, Contract Time, or Drawings, Plan, or Shop Drawings. 33. Final Acceptance—The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 34. Final Inspection—The inspection performed by the City to determine whether the Contractor has completed each and every part or appurtenance of the Work fully, entirely, and in conformance with the Contract Documents. 35. General Requirements—Sections of The information set forth in “Division 101 – General Requirements” of the Standard Construction Specification Documents. 36. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs , Petroleum, Hazardous Waste, Radioactive Material, or any other substance, product, waste or materials, in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 37. Hazardous Waste—Any solid waste listed as hazardous or which possesses one or more hazardous characteristics as defined in applicable Laws and Regulations. 38. Incidental or incidental—Work items that the Contractor is not paid for directly, but costs for which are included under the various bid items of the Project. 39. Laws and Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all 62 00 72 00 GENERAL CONDITIONS Page 4 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or any portion or part of the Work to be performed. 40. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 41. Major Item—An item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price. 42. Milestone—A principal event specified in the Contract Documents relating to the performance of an identified portion of the Work by an intermediate Contract Time prior to Final Acceptance of the Work. 43. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed in such notice, City will sign and deliver the Agreement. 44. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 45. PCBs—Polychlorinated biphenyls. 46. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), and including but not limited to oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 47. Plans—This term will have the same definition of as “Drawings”. 48. Project —The Work to be performed under the Contract. 49. Project Manager—The authorized representative of the City who will be assigned to the Project. 50. Project Manual—The documentary information prepared for bidding or proposing and furnishing the Work. 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising Contractor’s plan to achieve each Milestone and accomplish the Work within the Contract Time. 52. Public Meeting—An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 53. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 54. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements toto support scheduled performance of related construction activities. 63 00 72 00 GENERAL CONDITIONS Page 5 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 55. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 56. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 57. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 58. Specifications or Technical Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Section 00 00 00) of the Project. 59. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 60. Submittal—All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to the City to illustrate some portion of the Work. 61. Subsidiary or subsidiary—These terms will have the same definition as “Incidental. or incidental”. 62. Successful Bidder—The Bidder to whom City issues a Notice of Award. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and is the Proposer or Offeror submitting the proposal or offer that provides the best value to the City and to whom the City issues a Notice of Award. 63. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 64. Supplementary Conditions—The part of the Contract set forth at Division 00 73 00 that amends or supplements these General Conditions. 65. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 66. Underground Facilities—All underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid 64 00 72 00 GENERAL CONDITIONS Page 6 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 67. Unit Price Work—Work for which the Contract Price is determined by multiplying the unit price for the item by the estimated quantity of the item. 68. Weekend Working Hours—Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, as approved in advance by the City for performing Work. 69. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order,, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 70. Working Day—Defined as a Business Day but excluding any days that weather or other conditions beyond the reasonable control of the Contractor prevents the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract includes the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by CityCity. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of judgment, action, or determination will be to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; or 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to City’s written notice of Final Acceptance. D. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 65 00 72 00 GENERAL CONDITIONS Page 7 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to execute, carry out, furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. E. Unless stated otherwise in the Contract, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond and payment bond that comply with the provisions of Chapter 2253 of the Texas Government Code. Work will not be allowed to begin until the performance and payment bonds have been provided by the Contractor to the City. B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6. Work will not be allowed to begin until the evidence of insurance has been provided by the Contractor to the City. 2.02 Copies of Documents A. City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract, and three (3) additional copies of the Drawings. Additional printed copies will be furnished upon request at the cost of reproduction. 2.03 Before Starting Construction Baseline starting Work, Contractor shall submit for review by City the following in accordance with the Contract Documents: A. Baseline Schedules in accordance with General Requirements, Section 01 32 16. B. Preliminary Schedule of Submittals. C. Preliminary Schedule of Values: For lump sum contracts, a Schedule of Values for all of the Work that includes quantities and prices of items that when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 66 00 72 00 GENERAL CONDITIONS Page 8 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2.04 Preconstruction Meeting A. Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meeting as specified in Section 01 31 19. 2.05 Public Meeting A. Contractor may not mobilize any equipment, materials, or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.06 Initial Acceptance of Schedules A. No progress payment shall be made to Contractor until acceptable Project Schedules are submitted to City in accordance with the Contract Documents. 2.07 Electronic Submittals and Transmittals A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then City and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract to describe a functionally complete Project to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. City will issue clarifications and interpretations of the Contract Documents as provided herein. D. The Specifications may vary in form, forma and style. Some Specification sections may be written in varying degrees of streamlined or declarative style, and some sections may be relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims or Damage Claims. 67 00 72 00 GENERAL CONDITIONS Page 9 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. The cross-referencing of Specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross-referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not cross-referencing is provided in each section or whether the cross-referencing is complete or accurate. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of CityCity, Contractor, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements, and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.1717) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by City, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. 68 00 72 00 GENERAL CONDITIONS Page 10 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier; or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern over General Conditions and Specifications. 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor shall submit to the City in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. City will be the interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. City will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. City’s written clarification, interpretation, or decision will be final and binding on Contractor, unless Contractor appeals by filing a Contract Claim. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of CityCity and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. 69 00 72 00 GENERAL CONDITIONS Page 11 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Time; Notice to Proceed A. The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work may be done at the Site prior to the date on which the Contract Time commences to run. 4.03 Delays in Contractor’s Progress A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. The City shall be liable only to the extent allowed by the provisions of the Contract and as allowed by Subchapter I, Chapter 271 of the Texas Local Government Code. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, that the Contract specifies is to be furnished by the City. D. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for whom they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Time. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph 4.03. D. The Contractor is responsible for the prompt submission of a request for an adjustment to the Contract Time under this Paragraph to the City. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Time under this Paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with City, as contemplated in Article 8); and 70 00 72 00 GENERAL CONDITIONS Page 12 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 4. Acts of war or terrorism. E. Contractor’s entitlement to an adjustment of Contract Time or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Time is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Time to which Contractor is otherwise entitled. 3. Adjustments of Contract Time or Contract Price are subject to the provisions of Article 11. F. Each Contractor request or Change Order seeking an increase in Contract Time or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.08. 6. Contractor shall also furnish such additional supporting documentation as City may require including, where appropriate, a revised Project Schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. G. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from undisclosed Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.03.F and 4.03.G. ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which 71 00 72 00 GENERAL CONDITIONS Page 13 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Contractor must comply in performing the Work. City will be responsible for obtaining any necessary easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. Unless otherwise specified in the Contract Documents, the City has or anticipates moving and/or relocating utilities, and obstructions to the Site. Any outstanding movement or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be moved and/or relocated by others. B. Upon reasonable written request of Contractor, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. C. Contractor shall provide for any additional lands and access thereto not included in the Site that may be required for construction facilities or storage of materials and equipment. The cost of such shall be part of the Contract Price. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, worker car parking and the operations of workers to the Site, to adjacent areas that Contractor has arranged to use through construction easements or otherwise, and to other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with worker car parking, construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries, including death, and damage to or losses of property sustained by the owners or occupants of any such land or areas; provided that such damage, losses, injuries or deaths arose out of or result from the performance of the Work or arose out of or resulted from any other actions or conduct of the Contractor or those for whom Contractor is responsible. 2. At any time when, in the judgment of the City, the Contractor has obstructed, closed, or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to reduce the area impacted to only that necessary for proper execution of the Work and/or to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 72 00 72 00 GENERAL CONDITIONS Page 14 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 3. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and supply storage buildings, or any other item that may be transported by flood flows, shall not be stored within existing federal floodways during the course of the Work. 4. Should any Damage Claim be made by any such owner or occupant adversely impacted because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 5. PURSUANT TO PARAGRAPH 7.21, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH ADVERSELY IMPACTED OWNER OR OCCUPANT AGAINST CITY. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: If 24 hours after written notice is given to the Contractor that the clean-up at the Site is insufficient or occurring in a manner unsatisfactory to the City, the Contractor fails to correct the unsatisfactory condition and/or procedures, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct corrective action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor under the Contract. D. Final Site Cleaning: Prior to Final Acceptance of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by City and any adjacent property owners, if applicable. At the completion of the Work, Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, surplus materials, waste materials, rubbish and other debris and shall restore to original condition or better all areas impacted or disturbed by the Work. E. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. Those drawings known to City of existing physical conditions at or contiguous to the Site, including those drawings known to City depicting existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities.). B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. 73 00 72 00 GENERAL CONDITIONS Page 15 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as technical data. C. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of theirits officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any “technical data” is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), notify City in writing about such condition. B. Possible Price and Time Adjustments 1. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: a. Contractor knew of the existence of such condition at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under the Contract; or 74 00 72 00 GENERAL CONDITIONS Page 16 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 b. The existence of such condition reasonably could have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. C. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others, unless it is otherwise expressly provided in the Supplementary Conditions:: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data; b. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; c. coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), identify the owner of such Underground Facility and give notice to that owner and to City. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences, subject to the provisions of Article 11. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 75 00 72 00 GENERAL CONDITIONS Page 17 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at the Site; or 2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. C. Contractor shall not be responsible for a Hazardous Environmental Condition uncovered or revealed at the Site if such Hazardous Environmental Condition was not shown or indicated in Drawings or Specifications or identified if the removal or remediation of such Hazardous Environmental Condition was not identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created by the actions of or with any materials brought to the Site by Contractor, Subcontractors, Suppliers or anyone else for whom Contractor is responsible and the costs associated with the same. D. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.17); and (3) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. 76 00 72 00 GENERAL CONDITIONS Page 18 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. Contractor shall not be required to resume Work in connection with a Hazardous Environmental Condition identified pursuant to Paragraph 5.06.D or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed. F. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work and the Contract Price. City may have such deleted portion of the Work performed by City’s own forces or others. G. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 5.06.CityG OBLIGATES CONTRACTOR TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 6.02 Performance and Payment Bonds A. Contractor shall furnish a performance bond and a payment bond, in accordance with the provisions of the Texas Government Code Chapter 2253 or successor statute and as required by the City, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. The performance and payment bonds must be provided by the Contractor to the City prior to the Contractor beginning any Work. 77 00 72 00 GENERAL CONDITIONS Page 19 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. All bonds shall be in the form prescribed by the Contract Documents, except as provided otherwise by Laws and Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, or its right to do business is terminated in the State of Texas, then Contractor shall promptly notify City in writing and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. D. If Contractor has failed to obtain a required bond, City may refuse to allow the Contractor to begin Work, exclude the Contractor from the Site and exercise City’s termination rights under Article 15. E. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.03 Certificates of Insurance A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance and endorsements (and other evidence of insurance requested by City or any other additional insured) establishing that Contractor has obtained and is maintaining the policies and coverages required by these General Conditions and the Supplementary Conditions prior to beginning any Work. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “additional insureds” on all liability policies. 2. The Contractor’s general liability insurance shall include a “per project” or “per location” endorsement, that shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide. 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction City. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 78 00 72 00 GENERAL CONDITIONS Page 20 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage or to provide such certificates or other evidence of full compliance with the insurance requirements. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If If City agrees in writing that coverage is underwrittenmay be written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the Agreement and the certificate of insurance shall state that the coverage is claims- made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance or for the warranty period provided for under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements that either nullify or amend the required lines of coverage, nor or decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Notice of an Award has been issued or the Agreement executed, and the policy exclusions are determined to be unacceptable or the City desires that the Contractor obtain additional insurance coverage the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. For any proposed self-insured retention (SIR),) in excess of $25,000.00, affecting insurance coverage, Contractor must obtain the written approval of the City in regard to asset value and stockholders' equity. In lieu of traditional insurance, proposed alternative coverage maintained through insurance pools or, risk retention groups, or self-funding will also require the written approval of the City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis must be acceptable to and approved in writing by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and limits when deemed necessary and prudent by the City based upon the scope of the Work, changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City will provide prior notice of 90 days and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request to Contractor and without expense to City, to receive copies of policies and endorsements thereto and. City may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 79 00 72 00 GENERAL CONDITIONS Page 21 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 6.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability: Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury, including death, or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury including death, liability under an insured contract, and explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy shall have no exclusions by endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, that are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the Contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions)). C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because of bodily injury or death of any person and/or property damage arising out of or related to the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the Work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop Work until replacement 80 00 72 00 GENERAL CONDITIONS Page 22 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 insurance has been procured. There shall be no time credit for delays or days not worked pursuant to this section. 6.05 Acceptance of Bonds and Insurance; Option to Replace A. If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 6 or the Supplementary Conditions on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Such failure to provide bonds or insurance as required by the Contract Documents is a breach of the terms of the Contract and the City may terminate the Contractor in accordance with the provisions of the Contract Documents. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not City-delegated professional design services under this Contract, and neither City nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall identify and assign a competent superintendent, who is proficient in English, and who shall not be replaced without written notice to City of the name of the replacement superintendent. If at any time the superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the superintendent with another satisfactory to City. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 81 00 72 00 GENERAL CONDITIONS Page 23 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Contractor shall be fully responsible to City for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours on Business Days. Contractor will not permit the performance of Work outside of regular working hours on Business Days without City’s prior written consent (which will not be unreasonably withheld)). Contractor’s written request (by letter or electronic communication) for City’s written consent must be made as follows: 1. for Work beyond regular working hours on Business Days, request must be made by noon at least two (2) Business Days prior; 2. for Work during Weekend Working Hours, request must be made by noon of the preceding Wednesday; and 3. for Work on state or federal holidays observed by the City, request must be made sufficiently in advance of the holiday, to satisfy requirements for City Council approval. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of sufficient quality to complete the Work, and must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 82 00 72 00 GENERAL CONDITIONS Page 24 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 7.05 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.06 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to the City for acceptance (to the extent indicated in Paragraph 2.06 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments must comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment request for the duration of the Contract in accordance with the Construction Progress Schedule, General Requirements 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 11. Adjustments in Contract Time may only be made by a Change Order. 7.06 “Or Equals” A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that City permit the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If City in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or equal” item. For the purposes of this Paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to City. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. 83 00 72 00 GENERAL CONDITIONS Page 25 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each “or-equal” request. City may require Contractor to furnish additional data about the proposed “or-equal” item. City will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an “or-equal.” City.” City will advise Contractor in writing of its determination. D. Effect of City’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The City’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If City determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that City consider the item a proposed substitution pursuant to Paragraph 7.07. 7.07 Substitutions A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that City permit the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related Work at the Site. 1. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitution therefor. City will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by City will be as set forth in Paragraph 7.07.B, as supplemented by the Specifications, and as City may decide is appropriate under the circumstances. 3. Contractor shall make written application to City for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be substantially similar in substance to the item specified; and 3) be well-suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will adversely impact Contractor’s achievement of Final Acceptance on or before the Contract Time; 84 00 72 00 GENERAL CONDITIONS Page 26 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and Damage Claims of other contractors affected by any resulting change. B. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each substitution request. City may require Contractor to furnish additional data about the proposed substitute item. City will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an acceptable substitution. City’s approval determination will be evidenced by a Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time. City will advise Contractor in writing of any denial determination. C. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitution. Contractor shall indemnify and hold harmless City and its officers, elected and appointed officials, employees, agents, consultants and subcontractors and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorney’s fees) arising out of or relateds to the use of substituted materials or equipment. D. Reimbursement of City’s Cost: City will record City’s costs in evaluating a substitution proposed or submitted by Contractor. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for evaluating each such proposed substitute. Contractor shall also reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. City Substitution Reimbursement: Cost savings attributable to acceptance of a substitution shall be paid to City by Contractor by an appropriate Change Order decreasing the Contract Price. G. Effect of City’s Determination: If City approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The City’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under 85 00 72 00 GENERAL CONDITIONS Page 27 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.07.D, by timely submittal of a Change Order. 7.08 Concerning Subcontractors and Suppliers A. Contractor shall perform with its own organization, and with the assistance of workmen under its immediate superintendence, work of a value not less than 35% of the Contract Price, unless otherwise approved by the City. B. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection, except as provided in Paragraph 7.08.C. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract. C. The City may require the use of specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work , and will provide such requirements in the Supplementary Conditions. D. Contractor shall provide to City as part of the Bid, the identity of all proposed Subcontractors and Suppliers. Such proposed Subcontractor or Supplier shall be deemed acceptable to City unless City raises a substantive, reasonable objection prior to execution of the Agreement. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. No acceptance by City of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of City to the completion of the Work in accordance with the Contract Documents, Contract Price and Contract Time. G. Contractor shall be solely responsible for scheduling and coordinating the tasks of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of City. Contractor must comply with all applicable federal, state, and local laws, statutes, ordinances or regulations, including but not limited to immigration laws, workers compensation laws and wage laws, in the hiring 86 00 72 00 GENERAL CONDITIONS Page 28 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 of any Subcontractor or Supplier and shall ensure that each Subcontractor or Supplier has the same obligations. I. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.09 Wage Rates A. Duty to pay Prevailing Wage Rates: The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Denton to be the prevailing wage rates in accordance with Chapter 2258. The then current prevailing wage rates at the time of execution of the Agreement are included in these Contract Documents. B. Penalty for Violation: A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code Section 2258.023. C. Complaints of Violations and City Determination of Good Cause: On receipt of information, including a complaint by a worker, concerning an alleged violation of Section 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being retained from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved: An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph 7.09.C. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained: The Contractor and each Subcontractor shall, for a period of three (3) years following the date of Final Acceptance, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be available in Denton County, Texas at all reasonable hours for inspection by the City. The provisions of Paragraph 7.23, Right to Audit, shall pertain to this inspection. 87 00 72 00 GENERAL CONDITIONS Page 29 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 F. Progress Payments: With each progress payment request or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates: The Contractor shall post prevailing wage rates in a conspicuous place at the Site at all times. H. Subcontractor Compliance: The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs 7.09.A through 7.09.G. 7.10 Patent Fees and Royalties A. Contractor shall pay all patent or license fees and royalties and pay all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any patent or license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay said fees or, royalties or costs to others. B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE. 7.11 Permits and Utilities A. Contractor obtained permits and licenses. Unless otherwise expressly provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. City shall provide reasonable assistance to Contractor, if necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work applicable at the time the Notice of Award is issued, except for permits provided by the City as specified in Paragraph 7.11.B. City shall pay the charges of utility service providers for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for those permits and licenses identified as City’s responsibility in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to comply with and carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. relating to the changes. The City will not reimburse the Contractor for any 88 00 72 00 GENERAL CONDITIONS Page 30 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 cost associated with the requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 5. Texas Department of Licensing and Regulation (TDLR) Permits C. Outstanding permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 7.12 Taxes A. On issuance of a Notice of Award by the City, an organization which qualifying for exemption pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to hisits Supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 7.13 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, City shall not be responsible for monitoring Contractor’s compliance with any Laws and Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws and Regulations, Contractor shall be liable for all resulting claims, costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. 89 00 72 00 GENERAL CONDITIONS Page 31 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 C. Changes in Laws and Regulations not known at the time of the City’s issuance of a Notice of Award having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 7.14 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. Contractor shall include accurate locations for buried and imbedded items. These record documents, together with all approved Samples, will be available to City for reference. Upon completion of the Work, Contractor shall deliver these record documents to City prior to Final Inspection. 7.15 Safety and Protection A. As between City and Contractor, Contractor shall be responsible for the safety of persons and property in the performance of the Work, for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. Contractor shall inform the City in writing of Contractor’s designated safety representative at the Site. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.1515.C.2 or 7.1515.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be the responsibility of and remedied by Contractor at its expense. E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall implement, erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify City; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when 90 00 72 00 GENERAL CONDITIONS Page 32 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of City’s safety programs, if any. H. Contractor shall inform City in advance in writing of the specific requirements of Contractor’s safety program with which City’s and Engineer’s employees and representatives must comply while at the Site. I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed and City has issued a Letter of Final Acceptance. J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.16 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations. 7.17 Emergencies and/or Rectification A. In the event of threatened or actual emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to immediately act to prevent damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency or are required as a result of Contractor’s response to an emergency. If City determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take proper action within 24 hours to fulfill this written request or fails to show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City resources or by contract. The City shall deduct an amount equal to the entire cost for such remedial action, plus 25% from any funds due or to become due the Contractor on the Project. 7.18 Submittals A. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.03). 91 00 72 00 GENERAL CONDITIONS Page 33 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1. Contractor shall submit the Submittals in accordance with Section 01 33 00 of the General Requirements. 2. Data shown on the Submittals must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to demonstrate to City the services, materials, and equipment Contractor proposes to provide, and to enable City to review the information for the limited purposes required by Paragraph 7.18.C. 3. Submittals reviewed and accepted by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct a review or take responsive action may be so identified in the Contract Documents. 6. Contractor shall submit the required number of Samples specified in the Specifications. 7. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which it is intended and other data as City may require to enable City to review the Submittal for the limited purposes set forth in Paragraph 7.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole risk, expense and responsibility of Contractor. C. City’s Review 1. City will provide timely review of Submittals in accordance with the accepted Schedule of Submittals. City’s review and acceptance will be to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents), or to safety precautions or programs incident thereto. 3. City’s review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 4. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 of the General Requirements, and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. 5. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 92 00 72 00 GENERAL CONDITIONS Page 34 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 6. City’s review and acceptance of a Submittal, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Time or Contract Price, unless such changes are included in a Change Order. 7. Neither City’s receipt, review, or acceptance of a Submittal will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Submittals, subject to the provisions of Section 01 33 00 of the General Requirements. 7.19 Continuing the Work A. Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 7.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Contractor’s warranty and guarantee under this Paragraph 7.20: 1. Observations by Engineer or City; 2. Recommendation by Engineer or payment by City of any progress or final payment; 3. The issuance of a letter or certificate of Final Acceptance by City or any payment related thereto by City; 4. Use or occupancy of the Work or any part thereof by City; 5. Any review and acceptance of a Submittal by City; 6. Any inspection, test, or acceptance by others; or 7. Any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years 93 00 72 00 GENERAL CONDITIONS Page 35 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 from the date of Final Acceptance of the Work unless a longer period is specified. The City will give notice of observed defects with reasonable promptness. 7.21 Indemnification A. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM , FROM AND AGAINST ANY AND ALL CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THESE CONTRACT DOCUMENTS. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES INCURRED IN DEFENDING AGAINST SUCH CLAIMS AND CAUSES OF ACTIONS. B. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM FROM AND AGAINST ANY AND ALL LOSS, DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. 7.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. 94 00 72 00 GENERAL CONDITIONS Page 36 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Submittal related to the requirements indicated in Paragraph 7.22.B is prepared by Contractor, a Subcontractor, or others for submittal to City, then such Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to City. D. City shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under the conditions indicated in Paragraph 7.22.B, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.22, City’s review, acceptance, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to the conditions indicated in Paragraph 7.22.B, will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.22; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. 7.23 Right to Audit A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract during the term of the Contract and for five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be made available, in Denton County, Texas within ten (10) Business Days of City’s written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within Denton County, Texas. Except as otherwise provided herein, the cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If the City is undertaking an audit or inspection pursuant to Paragraph 7.09 or if an overpayment of 1% or greater occurs, the City’s reasonable cost of the audit, including any travel costs, must be paid by the Contractor within five (5) Business Days of receipt of City’s invoice for such costs. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the 95 00 72 00 GENERAL CONDITIONS Page 37 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 7.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit-related projects, funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Contractor shall comply with the requirements of Title VI, Civil Rights Act of 1964 as amended and the regulations promulgated thereunder, as may be further defined in the Supplementary Conditions, for any project receiving Federal assistance. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third- party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work, if such other work is not noted in the Contract Documents. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work that could not have been discovered through a proper inspection. F. The provisions of this Article 8 are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with City, or that is performed without having been arranged by City. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.03.D.3. 96 00 72 00 GENERAL CONDITIONS Page 38 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 8.02 Coordination A. If City intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with City’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. 8.03 Legal Relationships A. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work. B. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any Damage Claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, City, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend and hold harmless City and Engineer, and the officers, elected and appointed officials, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – CITY’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 97 00 72 00 GENERAL CONDITIONS Page 39 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 9.02 Furnish Data A. City shall promptly furnish the data required of City under the Contract Documents. 9.03 Pay When Due A. City shall make payments to Contractor when they are due in accordance with and subject to the provisions of Article 14. 9.04 Lands and Easements; Reports, Tests, and Drawings A. City’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Article 5 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 9.05 Change Orders A. City’s responsibilities with respect to Change Orders are set forth in Article 11. 9.06 Inspections, Tests, and Approvals A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.02.DD. 9.07 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.08 Undisclosed Hazardous Environmental Condition A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.09 Compliance with Safety Program A. While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed in advance in writing pursuant to Paragraph 7.15. ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION 10.01 City’s Project Manager or Duly Authorized Representative A. City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager or duly appointed representative during construction are set forth in the Contract Documents. 98 00 72 00 GENERAL CONDITIONS Page 40 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. City’s Project Manager for these Contract Documents is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19 of the General Requirements. 10.02 Visits to Site A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s visits and observations are subject to all the limitations on City’s responsibility set forth in Paragraph 99.07. Particularly, but without limitation, during or as a result of City’s visits or observations of Contractor’s Work, City will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Determinations for Work Performed A. As applicable, Contractor will determine the actual quantities and classifications of Work performed.. City’s Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the interpreter of the requirements of the Contract Documents and judge the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 11.07. ARTICLE 11 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 11.01 Amending and Supplementing the Contract A. The Contract may be amended toto provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof, including in the Contract Price or Contract Time, but such amendment will be made by Change Order only. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one of the following ways: 1. A Field Order; or 99 00 72 00 GENERAL CONDITIONS Page 41 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2. City’s review of a Submittal (subject to the provisions of Paragraph 7.18.C); or 3. City’s written interpretation or clarification. 11.02 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. Changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed.. 2. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.04, (b) required because of City’s acceptance of defective Work under Paragraph 13.05 or City’s correction of defective Work under Paragraph 13.08, or (c) as otherwise agreed to by the parties. 11.03 Field Orders A. City may authorize minor variations and deviations in changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on both the City and Contractor, which shall perform the Work involved promptly. 11.04 Authorized Changes in the Work – Extra Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra Work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by City. 11.05 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented as allowed herein, except in certain cases of an emergency as provided in Paragraph 7.17.A. 11.06 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment for such Extra Work, and the City requires its performance, the Contractor shall proceed with the Extra Work after making written request for a Change Order and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 11.07. B. The Contractor shall furnish the City such records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual work performed. 100 00 72 00 GENERAL CONDITIONS Page 42 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be the full, complete and final payment for all charges, fees and costs Contractor incurs as a result of or relating to the Extra Work, whether said charges, fees or costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any charges, fees or costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the Extra Work. 11.07 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.08, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City no later than 45 days after the start of the event giving rise thereto (unless the City notifies Contractor in writing that City will allow additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 11.08. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 11.09. 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the Contractor’s last submittal (unless in connection with the Contract Claim (unless Contractor allows the City additional time to submit a response). C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor unless action by City’s Council is required, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. 101 00 72 00 GENERAL CONDITIONS Page 43 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 D. City’s written action under this Paragraph 11.07 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 11.07. F. If the City fails to take any action pursuant to this Paragraph 11.07, the Contract Claim is considered to have been denied by the City. 11.08 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. TheThe value of any Work covered by a Change Order will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.08.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum or unit price, then on the basis of the Cost of the Work (determined as provided in Paragraph 12.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.08.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3, the Contractor’s fee will be 15 percent except for: 1) rental fees for Contractor’s own equipment; and 2) bonds and insurance; b. For costs incurred under Paragraph 12.01.B.4, the Contractor’s fee will be 5 percent; 1) Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.08.C.2.a and 11.08.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 102 00 72 00 GENERAL CONDITIONS Page 44 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, in no case shall the cumulative total of fees paid be in excess of 25% of the Cost of the Work; c. No fee will be payable on the basis of costs itemized under Paragraphs 12.01.B.5, 12.01.B.6, and 12.01.C; d. The amount of credit to be allowed by Contractor to City for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and 11.09 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed under a Change Order for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. C. Delay, disruption, and interference in the Work, and any related changes in Contract Time, are addressed in and governed by Paragraph 4.03. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 12.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term “Cost of the Work” means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 12.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: The term, “Cost of the Work” means the sum of all costs, except those excluded in Paragraph 12.01.C, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs reimbursed to Contractor will be only those additional or incremental costs required 103 00 72 00 GENERAL CONDITIONS Page 45 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 because of the change in the Work. Such costs shall be in amounts no higher than those calculated based on the prevailing wage rates contained in the Contract Documents, shall not include any of the costs itemized in Paragraph 12.01.C, and may include as applicable, but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs shall include, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours on Business Days, during Weekend Working Hours, or on a state or federal holiday observed by the City, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery and the parts thereof, whether rented from Contractor or others, in accordance with rental agreements approved in writing by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. and the Contract Documents. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City . Contractor shall deliver such bids to City, which will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 12.01 and Paragraph 11.08.C. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work and specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically included in the Contract. 6. Supplemental costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, and temporary office or facilities at the Site, 104 00 72 00 GENERAL CONDITIONS Page 46 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations, excluding those taxes for which an exemption is available as described in Paragraph 7.12. d. Deposits lost for causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of CityCity. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically covered in the Contract. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the acts, omissions, negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 105 00 72 00 GENERAL CONDITIONS Page 47 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 5. Other overhead or general expense costs of any kind. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Agreement will be determined as set forth in the Contract. b. for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as set forth in Paragraph 11.08.C. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.08.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 12, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices, and submit in a form acceptable to City an itemized cost breakdown together with supporting data. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by City. Contractor will be responsible for ensuring that pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent as is required of Contractor. 12.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances, have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 106 00 72 00 GENERAL CONDITIONS Page 48 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 12.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 10.03. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to Unit Price Work listed and the cost of incidental work included as part of the unit price. D. Adjustments in Contract Price 1. City may make an adjustment in the Contract Price in accordance with Paragraph 11.08 if: a. the quantity of the item of Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. there is no corresponding adjustment with respect to any other item of Work. 2. Adjusted unit prices will apply to all units of that item. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 11.04. 1. If the changes in quantities or the alterations do not significantly change the character of the Work under the Contract Documents, the altered Work will be paid for at the Contract unit price. 2. If the changes in quantities or alterations materially and significantly change the character of the Work, the Contract will be amended by a Change Order. 3. If no unit prices exist, thisany increase or decrease in quantities will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 11. 4. A significant change in the character of Work occurs when: a. the character of work for any Item as altered differs materially or significantly in kind or nature from that in the Contract; or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. 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%. 107 00 72 00 GENERAL CONDITIONS Page 49 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 6. 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. 12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment A. Plans quantities may or may not represent the exact quantity of Work performed or material moved, handled, or placed during the term of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised in accordance with the Contract. B. If the total actual quantity measured for an individual item varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized Work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing 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 11. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount identified in the approved change, and the 25% variance provisions of Paragraph 12.04.B will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid 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 City and Contractor agree in writing to fix the final quantity as a plans quantity. E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Access to Work A. City and its Engineer, consultants, representatives, employees, and independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 13.02 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. If the Contract Documents or any Laws and Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish City the required certificates of 108 00 72 00 GENERAL CONDITIONS Page 50 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 inspection, testing or approval, except that those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall will be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging, obtaining, and paying for all inspections, tests, re-tests, and approvals required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to City; 2. to attain City’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03.D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.02.D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If the Contract Documents require the Work (or part thereof) to be approved by City or another designated individual or entity, then Contractor shall assume full responsibility for seeking and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without the written approval of City, Contractor shall, if requested by City, uncover such Work for observation. Such uncovering and the recovering of such Work will be at Contractor’s expense. 13.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. City’s Authority: City has the authority to determine whether Work is defective, and to reject defective Work. 109 00 72 00 GENERAL CONDITIONS Page 51 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 C. Notice of Defects: Written notice of all defective Work of which City has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if City has rejected the defective Work, shall remove the defective Work from the Project and replace it with Work that is not defective. Failure to require the removal of any defective Work shall not constitute acceptance of such Work. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair City’s warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Contractor or City by governmental authorities because the Work is defective, and the costs of repair, replacement or reconstruction of work of others resulting from defective Work. 13.04 Rejecting Defective Work A. City will have authority to reject Work which City believes to be defective or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in this Article 13, whether or not the Work is fabricated, installed, or completed. 13.05 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work, and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of the Work so accepted. 13.06 Uncovering Work A. City has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the Contract Documents or specific instructions of City and if requested by City, Contractor shall uncover such Work for City’s observation, inspection or testing and then replace the covering, all at Contractor’s expense. C. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, then Contractor, at City’s request, shall uncover, expose, or otherwise 110 00 72 00 GENERAL CONDITIONS Page 52 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 make available for observation, inspection, or testing as City may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others). City shall be entitled to accept defective Work in accordance with Paragraph 13.05 and in such case Contractor shall still be responsible for all costs associated with exposing, observing, and testing defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time to the extent directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.07 City May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or Contractor fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been corrected or eliminated; however, this right of City to stop the Work will not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or any employee or agent of, any of them. 13.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace defective Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then City may, after providing 7 days’ advance written notice to Contractor, correct or remedy any such deficiency. B. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents and employees, and City’s other contractors access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.08. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court, or arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.08 will be the responsibility of and will be charged against Contractor. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. 111 00 72 00 GENERAL CONDITIONS Page 53 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies under this Paragraph 13.08. ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD 14.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph 2.03 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 12.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment (but not more often than once a month), Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) bill of sale, invoice, or purchase order payments, copies of cancelled checks or other documentation establishing full payment by Contractor for the materials and equipment; (b) at City’s request, documentation warranting that City has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, or other arrangements to protect City’s interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received on account of the Work by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. C. Review of Applications 1. City will, after receipt of each Application for Payment, either indicate in writing it will proceed to process the Application for Payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 112 00 72 00 GENERAL CONDITIONS Page 54 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that based City’s actual knowledge: a. the Work has progressed to the point indicated; and b. the quality and/or quantity of the Work is generally in accordance with the Contract Documents (subject to any subsequent evaluations of the Work, an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests or inspections called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraphs 10.05 and 12.03, and any other qualifications stated). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or b. there are no other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor hashas complied with Laws and Regulations applicable to Contractor’s performance of the Work. 4. City may refuse to process or pay the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and may revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. there are discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work in accordance with Paragraph 1313.08, or has accepted defective Work pursuant to Paragraph 13.05; e. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or f. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Retainage: 1. For all contracts, retainage shall be five percent (5%). E. Liquidated Damages: For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be paid by the Contractor to the City, not as a penalty, but as liquidated damages suffered by the 113 00 72 00 GENERAL CONDITIONS Page 55 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 City. If feasible, the parties may agree to have the liquidated damages deducted from any amounts owned to Contractor by City instead of being paid directly to City by Contractor. F. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. G. Reduction in Payment 1. City may refuse to make payment of the of the amount requested because: a. Claims have been made against City based on Contractor’s performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor’s performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, or patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. City has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. City has been required to correct defective Work in accordance with Paragraph 13.08, or has accepted defective Work pursuant to Paragraph 13.05; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones or Final Acceptance of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; l. Other items entitle City to a set-off against the payment amount requested; or m. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, within a reasonable time after Contractor remedies the reasons for such action to the satisfaction of City and City has confirmed such action. 114 00 72 00 GENERAL CONDITIONS Page 56 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 14.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.03 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to of any such part of the Work which City determines to be ready for its intended use. In addition, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete, subject to the following conditions: 1. At any time, Contractor may notify City that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.03, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization by City will not constitute Final Acceptance by City. 14.04 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. City will promptly schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. City reserves the right to deny request for Final Inspection if City determines that the entire Work is not sufficiently complete to warrant a Final Inspection. 14.05 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any and all Work in accordance with the Contract Documents, including any corrections or additional Work identified in the Final Inspection and delivery of all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurances, certificates of inspection, annotated record documents and other required documents in accordance with the Contract Documents, City will issue to Contractor a letter of Final Acceptance. 14.06 Final Payment A. Application for Payment 115 00 72 00 GENERAL CONDITIONS Page 57 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1. Upon receipt of a letter of Final Acceptance from City, Contractor may make application for Final Payment following the procedures for requesting payments in accordance with the Contract Documents. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 6.03; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defects or will so pass upon final payment. d. a list of all Contract Claims or Damage Claims against City that Contractor believes are unsettled; and e. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. B. Payment Becomes Due: The final payment requested by Contractor, less previous payments made and less any sum to which City is entitled, including but not limited to liquidated damages, will become due and payable: 1. After City’s acceptance of the Application for Payment and accompanying documentation; and 2. After all Damage Claims have been resolved: a. directly by the Contractor; or b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract that continue thereafter. 14.07 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.01.D, and if bonds have been furnished as required in Paragraph 6.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. If the Contract provides for separate establishment and maintenance periods and/or test and performance periods following the completion of all other 116 00 72 00 GENERAL CONDITIONS Page 58 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.08 Waiver of Claims A. The acceptance of final payment will constitute a waiver and release by Contractor of all claims, rights, causes of action, or liabilities, including Contract Claims, against City arising out of, related to or under the Contract or for any act, omission or neglect of City. 14.09 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the Contract Documents) any Work has been found to be defective, or Contractor’s repair of any damages to the Site, adjacent areas, or areas made available for Contractor’s use by City has been found to be defective, then after receipt of City’s written notice of defect, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. correct the defective repairs to the Site or such adjacent areas, or areas made available for Contractor’s use by City; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected, repaired or removed and replaced under this Paragraph 14.09, the correction period hereunder with respect to such Work may be extended for an additional period of one year after the end of the initial correction period. E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this Paragraph 14.09 are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 117 00 72 00 GENERAL CONDITIONS Page 59 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A.At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor. City may fix the date on which Work will be resumed in such notice, and Contractor shall resume the Work on the date so fixed. During a temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B.Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C.If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way; Contractor shall take every precaution to prevent damage or deterioration of the work performed; and Contractor shall provide suitable drainage about the work, and erect temporary structures where necessary. D.Contractor may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit or overhead will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A.The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1.Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Project Schedule established under Paragraph 2.06 as adjusted from time to time pursuant to Paragraph 7.05); 2.Failure of Contractor to perform or otherwise to comply with a material term of the Contract; or 3.Contractor’s disregard of Laws and Regulations of any public body having jurisdiction; or 4.Contractor’s repeated disregard of the authority of City; or 5.Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6.Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 118 00 72 00 GENERAL CONDITIONS Page 60 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 7.Substantial indication that the Contractor has become insolvent or bankrupt, or otherwise financially unable to perform the Work satisfactorily; or 8.Contractor commences legal action in a court of competent jurisdiction against the City. B.If one or more of the events identified in Paragraph 15.02.A occurs, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor’s failure to perform the Work. The conference shall be held not later than 15 days after receipt of notice. by both Contractor and surety. 1.If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of the conference to address Contractor's failure to perform the Work. 2.If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety’s performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a.If City completes the Work, City may exclude Contractor and Surety from the Site and take possession of the Work, and all materials and equipment stored at the Site or for which City has paid Contractor, but which are stored elsewhere, and the Work as City may deem expedient. 3.Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses, and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph 15.02, City shall not be required to obtain the lowest price for the Work performed. 4.Neither City, nor any of its respective consultants, agents, officers, elected or appointed officials, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5.City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim, counterclaim or offset on account of the method used by City in completing the Contract. 6.Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special 119 00 72 00 GENERAL CONDITIONS Page 61 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 guarantees provided for under the Contract Documents or any other obligations otherwise under the Contract or prescribed by law. C.Notwithstanding Paragraph 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D.Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or Surety. Any retention or payment of money due Contractor by City will not release Contractor from liability. E.If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.02, the termination procedures of that bond shall not supersede the provisions of this Article 15. 15.03 City May Terminate for Convenience A.City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract, in whole or in part. Any termination shall be affected by giving notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Notice shall be deemed validly given if given in accordance with Paragraph 17.01.A. B.After a notice of termination, has been given, and except as otherwise directed by the City, the Contractor shall: 1.stop work under the Contract on the date and to the extent specified in the notice of termination; 2.place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3.terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4.transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a.the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b.the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5.complete performance of such Work as shall not have been terminated by the notice of termination; and 120 00 72 00 GENERAL CONDITIONS Page 62 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 6.take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and in which the City has or may acquire the rest. C.At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of in accordance with the Contract, exclusive of items the disposition of which has been directed or authorized by City. D.Not later than 15 days after Contractor’s submission of the certified list to City pursuant to Paragraph 15.03.C, the City shall accept title to such items, subject to verification of the list by the City upon removal of the items or,. If the items are stored, then City shall have 45 days after submission of the list, to verify the list submitted and accept title to such items. Any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E.Not later than 60 days after the notice of termination has been given, the Contractor shall submit hisits termination claim to the City in the form and with the certification prescribed by the City. Unless an extension request is made in writing within such 60-day period by the Contractor, and granted by the City, any and all such claims of Contractor that are not submitted to City within such 60-day period shall be conclusively deemed waived. F.Should a termination claim be timely submitted to the City, Contractor shall be paid for (without duplication of any items): 1.completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work calculated and determined in accordance with the Contract Documents; 2.expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses calculated and determined in accordance with the Contract Documents; and 3.reasonable expenses directly attributable to reasonable and necessary wind-down and termination activities, without any overhead or profit. G.In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information submitted and available to it, the amount, if any, due to the Contractor by reason of the termination and City shall pay to the Contractor the amounts so determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, related to or resulting from such termination. ARTICLE 16 – RESOLUTION OF DISPUTES 16.01 Methods and Procedures A.Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 11.07 before such decision becomes final and binding. The request 121 00 72 00 GENERAL CONDITIONS Page 63 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 11.07.E. B.City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 calendar days of filing of the request. C.The parties shall agree on a mediator; however, if they cannot agree within 14 calendar days then the Denton County Alternative Dispute Resolution Program (“DCAP”) shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party, or the mediator, states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. All costs of mediation shall be borne equally by the parties. D.All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. E.The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. F.If the Contract Claim is not resolved by mediation, City’s action under Paragraph 11.07.C or a denial pursuant to Paragraphs 11.07.C.3 or 11.07.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: 1.elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2.agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3.gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction as set forth within the Contract Documents. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A.Whenever any provision of the Contract requires the giving of written notice, it will be deemed to have been validly given if delivered: 1.in person, by a commercial courier service or otherwise, if to City, to the duly authorized representative of City identified in the Contract Documents or to City’s Project Manager or, if to Contractor, to a member of the firm or to an officer of the corporation for whom it is intended; or 2.by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3.by e-mail to the recipient. 122 00 72 00 GENERAL CONDITIONS Page 64 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 17.02 Computation of Time A.When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day that is a state or federal holiday observed by the City, the next Business Day shall become the last day of the period. 17.03 Cumulative Remedies A.The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws and Regulations, in equity, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph 17.03 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Limitation of Damages A.With respect to any and all claims, disputes subject to final resolution, and other matters at issue, neither City, nor any of its officers, directors, elected or appointed officials, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. Further, the Contractor may only claim and the City may only be liable for those damages that are set forth in Subchapter I, Chapter 271 of the Texas Local Government Code and the City shall not be liable for any consequential damages, exemplary damages or damages for unabsorbed home office overhead. 17.05 No Waiver A.A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. B.The City has not waived its sovereign immunity except as expressly set forth in Subchapter I, Chapter 271 of the Texas Local Government Code or as expressly waived by other statute. 17.06 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and Final Acceptance of the Work or termination of the Contract or of the services of Contractor. 17.07 Assignment of Contract A.Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 123 00 72 00 GENERAL CONDITIONS Page 65 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 17.08 Successors and Assigns A.City and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 17.09 Governing Law A.The Contract shall be construed in accordance with the laws of the State of Texas without regard to conflicts of law principles. 17.10 Headings A.Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 124 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 6 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised February 27, 2023 Effective February 27, 2023 SECTION 00 73 00 1 SUPPLEMENTARY CONDITIONS 2 TO 3 GENERAL CONDITIONS 4 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15 meaning assigned to them in the General Conditions, unless specifically noted herein. 16 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20 other Contract Documents. 21 22 SC-5.01A, “Availability of Lands” 23 24 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 25 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 26 Contract Drawings. 27 28 SC-5.01A.1., “Availability of Lands” 29 30 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 31 April 10, 2024: 32 33 Outstanding Right-Of-Way, and/or Easements to Be Acquired 34 35 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION None. None. None. The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 36 and do not bind the City. 37 38 If Contractor considers the final easements provided to differ materially from the representations on the 39 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 40 notify City in writing associated with the differing easement line locations. 41 42 43 44 45 46 125 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised February 27, 2023 Effective February 27, 2023 SC-5.01A.2, “Availability of Lands” 1 2 Utilities or obstructions to be removed, adjusted, and/or relocated 3 4 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 5 as of April 10, 2024 6 7 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT EagleRidge Midstream, LLC Gas Pipe Line – Sta. 112+00 to Sta. 128+00 May 20, 2024 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 8 and do not bind the City. 9 10 SC-5.03A., “Subsurface and Physical Conditions”, “Reports and Drawings” 11 12 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 13 14 A Geotechnical Report, dated July 31 2020, prepared by HVJ Associates a sub-consultant of RPS, INC, a 15 consultant of the City, providing additional information on soil conditions and types within project limits. 16 17 The following are drawings of physical conditions in or relating to existing surface and subsurface 18 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 19 20 None. 21 22 SC-5.05 A., “Underground Facilities 23 24 The following are additional resources for identification of Underground Facilities which are at or 25 contiguous to the site of the Work, and which are not necessarily shown in the Drawings: 26 27 None. 28 29 SC-5.06A., “Hazardous Environmental Conditions at Site” 30 31 The following are reports and drawings of existing hazardous environmental conditions known to the City: 32 33 None. 34 35 SC-6.02, “Performance and Payment Bonds” 36 37 The “Contract Price” for Performance and Payment bonds will be the same as indicated in Article 3 as 38 listed in the Agreement. 39 40 SC-6.03A., “Certificates of Insurance” 41 42 The entities listed below are "additional insureds as their interest may appear" including their respective 43 officers, directors, agents and employees. 44 45 (1)City46 (2)Consultant: Tetratech, Inc.47 126 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised February 27, 2023 Effective February 27, 2023 (3)Other: None1 2 SC-6.04A., “Contractor’s Insurance” 3 4 The limits of liability for the insurance required by Paragraph GC-6.04 shall provide the following 5 coverages for not less than the following amounts or greater where required by laws and regulations: 6 7 6.04A. Workers' Compensation, under Paragraph GC-6.04A. 8 9 Statutory limits 10 Employer's liability 11 $500,000 each accident/occurrence 12 $500,000 Disease - each employee 13 $500,000 Disease - policy limit 14 15 SC-6.04B., “Contractor’s Insurance” 16 17 6.04B. Commercial General Liability, under Paragraph GC-6.04B. Contractor's Liability Insurance 18 under Paragraph GC-6.04B., which shall be on a per project basis covering the Contractor with 19 minimum limits of: 20 21 $1,000,000 each occurrence 22 $2,000,000 aggregate limit 23 24 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 25 General Aggregate Limits apply separately to each job site. 26 27 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 28 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 29 30 SC 6.04C., “Contractor’s Insurance” 31 6.04C. Automobile Liability, under Paragraph GC-6.04C. Contractor’s Liability Insurance under 32 Paragraph GC-6.04C., which shall be in an amount not less than the following amounts: 33 34 (1)Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",35 defined as autos owned, hired and non-owned.36 37 $1,000,000 each accident on a combined single limit basis. 38 39 SC-7.11., “Permits and Utilities” 40 41 SC-7.11A., “Contractor obtained permits and licenses” 42 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 43 1.Notice of Intent (NOI)44 45 SC-7.11B. “City obtained permits and licenses” 46 The following are known permits and/or licenses required by the Contract to be acquired by the City: 47 2.TxDOT 1058 Permit48 49 50 51 52 53 54 127 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised February 27, 2023 Effective February 27, 2023 SC-7.11C. “Outstanding permits and licenses” 1 2 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of April 11, 3 2024 4 5 Outstanding Permits and/or Licenses to Be Acquired 6 7 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None. None. None. 8 9 SC-7.24B., “Title VI, Civil Rights Act of 1964 as amended” 10 11 During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest 12 (hereinafter referred to as the "Contractor") agrees as follows: 13 14 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to15 nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, 16 “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, 17 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part 18 of this contract. 19 20 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall21 not discriminate on the grounds of race, color, or national origin, in the selection and retention of 22 subcontractors, including procurements of materials and leases of equipment. The Contractor shall not 23 participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the 24 Regulations, including employment practices when the contract covers a program set forth in 25 Appendix B of the Regulations. 26 27 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all28 solicitations either by competitive bidding or negotiation made by the contractor for work to be 29 performed under a subcontract, including procurements of materials or leases of equipment, each 30 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 31 under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or 32 national origin. 33 34 4. Information and Reports: The Contractor shall provide all information and reports required by the35 Regulations or directives issued pursuant thereto, and shall permit access to its books, records, 36 accounts, other sources of information and its facilities as may be determined by City or the Texas 37 Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders 38 and instructions. Where any information required of a contractor is in the exclusive possession of 39 another who fails or refuses to furnish this information the contractor shall so certify to the City, or the 40 Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to 41 obtain the information. 42 43 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the44 nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the 45 Texas Department of Transportation may determine to be appropriate, including, but not limited to: 46 47 128 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised February 27, 2023 Effective February 27, 2023 a.withholding of payments to the Contractor under the Contract until the Contractor 1 complies, and/or2 b.cancellation, termination or suspension of the Contract, in whole or in part.3 4 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through5 (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt6 by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with7 respect to any subcontract or procurement as City or the Texas Department of Transportation may8 direct as a means of enforcing such provisions including sanctions for non-compliance: Provided,9 however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a10 subcontractor or supplier as a result of such direction, the contractor may request City to enter into11 such litigation to protect the interests of City, and, in addition, the contractor may request the United12 States to enter into such litigation to protect the interests of the United States.13 14 Additional Title VI requirements can be found in the Appendix. 15 16 SC-8.02 “Coordination” 17 18 The individuals or entities listed below have contracts with the City for the performance of other work at 19 the Site as of April 11, 2024: 20 21 Vendor Scope of Work Coordination Authority EagleRidge MidStream, LLC Relocate Gas Pipeline EagleRidge MidStream, LLC Denton Independent School District New Construction of Elementary School Denton Independent School District Bonnie Brae BFR, LLC Construction of hooded-left hand turn lane Bonnie Brae BFR, LLC 22 23 SC-10.01B., “City’s Project Manager” 24 25 The City’s Project Manager for this Contract is Jesus Perez, or his/her successor pursuant to written 26 notification from the Director of Capital Projects. 27 28 SC-13.02B., “Tests and Inspections” 29 30 None 31 32 SC-14.01G, “Reduction in Payment” 33 34 Add Paragraph 14.01G.3: 35 36 3.City may reduce payments to the Contractor, if the number of Days that have passed after the date37 listed on the Notice to Proceed exceeds the Contract Time for Substantial Completion.38 39 40 41 END OF SECTION 129 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised February 27, 2023 Effective February 27, 2023 Revision Log DATE NAME SUMMARY OF CHANGE 130 00 73 73 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES Page 1 of 1 CITY OF DENTON IFB 8472 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 180011-1 Revised November 23, 2020 Effective January 15, 2021 SECTION 00 73 73 1 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES 2 3 4 5 [Contractor: Replace this page with Form 1295 for this Contract, which can be obtained at 6 www.ethics.state.tx.us] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 131 1 04/2022 Introduction Local Government General Requirements For all projects with State or Federal funds, and/or all projects on the State Highway System regardless of funding source, a Local Government must either adopt the latest TxDOT Standard Specifications, Special Specifications, and required Special Provisions or request TxDOT written approval of alternate, equivalent specifications. TxDOT’s “2014 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges” are the latest TxDOT Standard Specifications. These “General Requirements” along with additional requirements specified by the particular local government, are intended as a templete for Items 1-9 in TxDOT’s Standard Specifications on projects let by a local government that is on the State Highway System or includes reimbursement to the local government using FHWA or TxDOT funds. This document is intended to be used as a template that allows local governments to modify Items 1-9 to meet their particular needs while assuring that all local, state, and federal statutory requirements are addressed. As this document modifies a TxDOT publication, there may be a question about terminology. In general, the “Owner” or the “Engineer” references the local government or its representatives (Consulting Engineers, etc.). Reference to “Department” or “Engineer” in the construction and maintenance specifications refers to the local government, except when it is referencing a TxDOT specification, manual, material specification, Material Producers List or test method. 132 2 04/2022 Foreword OUTLINE OF SPECIFICATIONS Each specification is outlined by articles and sections. The basic articles required for a specification are: 1. DESCRIPTION 2. MATERIALS 3. EQUIPMENT 4. CONSTRUCTION OR WORK METHODS 5. MEASUREMENT 6. PAYMENT Some articles are not used in every item. Measurement and Payment articles are combined when the work described is subsidiary to bid items of the Contract. HIERARCHY OF ORGANIZATIONAL ELEMENTS Here “XXX” represents the item number. The hierarchy of organizational elements available below the item level is as follows: XXX.1., Article XXX.1.1., Section XXX.1.1.1., Section XXX.1.1.1.1., Section XXX.1.1.1.1.1., Section XXX.1.1.1.1.1.1., Section The term section is used for all breaks below the article. 133 3 04/2022 Items 1L–9L Local Government General Requirements and Covenants 134 4 04/2022 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. 2.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 DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration, U.S. Department of Transportation FSS Federal Specifications and Standards (General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers 135 5 04/2022 IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE LG Institute of Transportation Engineers Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List (TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report (TxDOT form) NEC National Electrical Code (Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety & Health Administration, U.S. Department of Labor PCA Portland Cement Association PCI PE Precast/Prestressed Concrete Institute Professional Engineer PPI Plastics Pipe Institute PS&E Plans, Specifications, and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR TGC Texas Department of Licensing and Regulation Texas Government Code TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation UL Underwriters Laboratory, Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 3.DEFINITIONS 3.1.Abrasive Blasting. Spraying blasts of pressurized air combined with abrasive media. 3.2.Actual Cost. Contractor’s actual cost to provide labor, material, equipment, and project overhead necessary for the work. 136 6 04/2022 3.3.Addendum. Change in bid documents developed between advertising and bid submittal deadline. 3.4.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. 3.5.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. 3.6.Advertisement. The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.7.Affiliates. Two or more firms are affiliated if they share common officers, directors, or stockholders; a family member of an officer, director, or stockholder 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. 3.8.Air Blasting. Spraying blasts of pressurized air free of oil and moisture. 3.9.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. 3.10.Anticipated Profit. Profit for work not performed. 3.11.Apparent Low Bidder. The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner. 3.12.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. 3.13.Arterial Highway. A highway used primarily for through traffic and usually on a continuous route. 3.14.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. 3.15.Base Bid. The total bid amount without additive alternates. 3.16.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. 3.17.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. 3.18.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 Bid. Other terms used may include general conditions, proposal, instructions to bidders, and construction specifications. 3.19.Bid Error. A mathematical mistake made by a Bidder in the unit price entered into the bid documents. 3.20.Bidder. An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for a proposed Contract. 137 7 04/2022 3.21.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. 3.22.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. 3.23.Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material. 3.24.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. 3.25.Certificate of Insurance. A form approved by the Owner covering insurance requirements stated in the Contract. 3.26.Change Order. Written order to the Contractor detailing changes to the specified work, item quantities or any other modification to the Contract. 3.27.Concrete Construction Joint. A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.28.Concrete Repair Manual. TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.29.ConcreteWorks©. TxDOT-owned software for concrete heat analysis. Software is available on the TxDOT’s website. 3.30.Construction Contract. A Contract entered under State law for the construction, reconstruction, or maintenance of a segment of the Owner’s transportation system. 3.31.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. 3.32.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. 3.33.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. 3.34.Contract Time. The number of days specified for completion of the work, including authorized additional working days. 3.35.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. 3.36.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. 3.37.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. 138 8 04/2022 3.38.Control Point. An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.39.Cross-Sections. Graphic representations of the original ground and the proposed facility, at right angles to the centerline or base line. 3.40.Culvert. Any buried structure providing an opening under a roadway for drainage or other purposes. Culverts may also be classified as bridges. (See Section 1.3.23., “Bridge.”) 3.41.Cycle. The activity necessary for performing the specified work within the right of way project limits once. 3.42.Daily Road-User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.43.Date of Written Authorization. Date of the written Notice to Proceed authorizing the Contractor to begin work. 3.44.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. 3.45.Detour. A temporary traffic route around a closed portion of a road. 3.46.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. 3.47.Departmental Material Specifications. Reference specifications for various materials published by TxDOT’s Construction Division with a DMS-XXXXX numbering system. 3.48.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. 3.49.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 individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.50.Divided Highway. A highway with separate roadways intended to move traffic in opposite directions. 3.51.Easement. A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.52.Engineer. The Professional Engineer licensed in Texas who represents the interests of the Owner. 3.53.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. 3.54.Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. 3.55.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 139 9 04/2022 spouse, grandchild, grandparent, uncle, uncle’s spouse, aunt, aunt’s spouse, first cousin, or first cousin’s spouse. 3.56.Force Account. Payment for directed work based on the actual cost of labor, equipment, and materials furnished with markups for project overhead and profit. 3.57.Freeway. An expressway with full control of access. 3.58.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). 3.59.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. 3.60.High-Pressure Water Blasting. Water blasting with pressures between 5,000 and 10,000 psi. 3.61.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. 3.62.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. 3.63.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. 3.64.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. 3.65.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. 3.66.Intelligent Transportation System. An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.67.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. 3.68.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. 3.69.Joint Venture. Any combination of individuals, partnerships, limited liability companies, or corporations submitting a single bid form. 140 10 04/2022 3.70.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. 3.71.Letting. The receipt, opening, tabulation, and determination of the apparent low Bidder. 3.72.Letting Official. The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3.73.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. 3.74.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. 3.75.Local Street or Road. A street or road primarily for access to residence, business, or other abutting property. 3.76.Low-Pressure Water Blasting. Water blasting with pressures between 3,000 and 5,000 psi. 3.77.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. A major item at the time of bid will remain a major item. An item not originally a major item does not become one through the course of the Contract. 3.78.Manual of Testing Procedures. Department manual outlining test methods and procedures maintained by the Materials and Tests Division. 3.79.Material Producer List. TxDOT-maintained list of approved products. Referenced as “Department’s MPL”. 3.80.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. 3.81.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. 3.82.Median. The portion of a divided highway separating the traffic lanes in opposite directions. 3.83.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. 3.84.Monolithic Concrete Placement. The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.85.National Holidays. January 1, the last Monday in May, July 4, the first Monday in September, the fourth Thursday in November, and December 24 or December 25. 3.86.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. 3.87.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. 3.88.Nonresponsive Bid. A bid that does not meet the criteria for acceptance contained in the bid documents. 3.89.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. 141 11 04/2022 3.90.Notice to Proceed, Written notification to the Contractor authorizing work to begin. 3.91.Notification. Either written or oral instruction to the Contractor concerning the work. Voice mail is oral notification. 3.92.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. 3.93.Pavement. That part of the roadway having a constructed surface for the use of vehicular traffic. 3.94.Pavement Structure. Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. 3.94.1.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. 3.94.2.Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.94.3.Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. 3.94.4.Subgrade Treatment. Modifying or stabilizing material in the subgrade. 3.95.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. 3.96.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. 3.97.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. 3.98.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. 3.99.Qualification. The process for determining a Contractor’s eligibility to be awarded a construction contract 3.100.Prequalification. The process for determining a Contractor’s eligibility to bid work. 3.101.Prequalification Statement. The forms on which required information is furnished concerning the Contractor’s ability to perform and finance the work. 3.102.Prequalified Contractor. A contractor that is approved to bid on TxDOT contracts by satisfying their Prequalification Process. 3.103.Post Qualfication. The owner will determine if contractors are qualified to bid on the project after bids are open. The bid documents will identify the minimum requirements that contractor must meet to be qualified for the project. Unqualified contractors’ bids will be considered non-responsive and not accepted. 3.104.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. 142 12 04/2022 3.105.Proposal. The offer from the Bidder submitted on the prescribed form, including addenda issued, giving unit bid prices for performing the work described in the plans and Specifications. 3.106.Proposal Form. The form printed and sent to the Bidder by the Owner or printed by the Bidder from the Owner’s bidding system. 3.107.Proposal Guaranty. The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.108.Quality Assurance. Sampling, testing, inspection, and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.109.Quality Control. Sampling, testing, and other process control activities conducted by the Contractor to monitor production and placement operations. 3.110.Ramp. A section of highway for the primary purpose of making connections with other highways. 3.111.Referee Tests. Tests requested to resolve differences between Contractor and Owner test results. The referee laboratory is the Owners . 3.112.Regular Item. A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item. 3.113.Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates. 3.114.Replacement Alternate. A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work. 3.115.Responsive Bid. A bid that meets all requirements of the advertisement and the bid documents for acceptance. 3.116.Right of Way. A general term denoting land or property devoted to transportation purposes. 3.117.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. 3.118.Road Master. A railroad maintenance official in charge of a division of railway. 3.119.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. 3.120.Roadway. The portion of the highway (including shoulders) used by the traveling public. 3.121.Sandblasting, Dry. Spraying blasts of pressurized air combined with sand. 3.122.Sandblasting, Wet. Spraying blasts of pressurized water combined with sand. 3.123.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. 3.124.Shot Blasting. Spraying blasts of pressurized air combined with metal shot. 3.125.Sidewalk. Portion of the right of way constructed exclusively for pedestrian use. 3.126.Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 143 13 04/2022 3.127.Special Provisions. Additions or revisions to these standard specifications or special specifications. 3.128.Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications. 3.129.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.” 3.130.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. 3.131.State. The State of Texas. 3.132.State Holiday. A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section 1L.3.85., “National Holidays.” A list of state holidays can be found on the TxDOT’s website. 3.133.Station. A unit of measurement consisting of 100 horizontal feet. 3.134.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. 3.135.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. 3.136.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. 3.137.Substructure. The part of the structure below the bridge seats, but not including bearings, drilled shafts, or piling. Parapets, back walls, wing walls of the abutments, and drainage structures are considered parts of the substructure. 3.138.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. 3.139.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. 3.140.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. 3.141.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. 3.142.Surplus Materials. Any debris or material related to the Contract but not incorporated into the work. 3.143.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 144 14 04/2022 3.144.Tex –XXX-X. TxDOT material test methods found on TxDOT’s website. 3.145.Traffic Lane. The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 3.146.Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 3.147.Truck Owner-Operator. An individual who owns and operates 1 truck for hire. 3.148.UT-Bridge. TxDOT-owned software for steel girder erection. Software is available on TxDOT’s website. 3.149.UT-Lift. TxDOT-owned software for steel girder erection. Software is available on TxDOT’s website. 3.150.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. 3.151.Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing. 3.152.Water-Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media. 3.153.Water Blasting. Spraying blasts of pressurized water of at least 3,000 psi. 3.154.Water-Injected Abrasive Blasting. Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.155.Wholly-Owned Subsidiary. A legal entity owned entirely by the Contractor or subcontractor. 3.156.Work. The furnishing of all labor, materials, equipment, and other incidentals necessary for the successful completion of the Contract. 3.157.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 e-mail 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. 145 1 04/2022 Item 2L Instructions to Bidders 1.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.ELIGIBILITY OF BIDDERS Bidders on this project must be prequalified though TxDOT by meeting the requirements of the Confidential Questionnaire (CQ). Refer to TxDOT’s website for prequalification requirements. Assure prequalification documents are submitted to TxDOT at least 14 days before bid opening. Comply with all technical prequalification requirements in the bid documents. 3.ISSUING BID DOCUMENTS Bid Documents may be obtained on-line by visiting the City of Denton Purchasing Division website at http://dentontx.ionwave.net. At the time Bid Documents are obtained, Bidder must provide a working e-mail address, so as to receive any addenda or clarification issued by the Owner. The Owner will not issue bid documents if one or more of the following apply:  the Bidder is suspended or debarred by the Department or federal agency,  the Bidder has not fulfilled the requirements for prequalification,  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. 4.INTERPRETING ESTIMATED QUANTITIES The quantities listed in the bid documents are approximate and will be used for the comparison of bids. Payments will be made for actual quantities of work performed in accordance with the Contract. 5.EXAMINING DOCUMENTS AND WORK LOCATIONS Examine the bid documents and specified work locations before submitting a bid for the work. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and 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 146 2 04/2022 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. 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. 6.PREPARING THE BID Prepare the proposal form furnished by the Owner. Informational proposal forms printed from the Owner’s website will not be accepted. Specify a unit price in dollars and cents for each regular item, additive alternate item, deductive alternate item or replacement alternate item for which an estimated quantity is given. 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:  the proposal 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 proposal form submitted had the incorrect number of items, or  all addenda were not acknowledged. 7.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 was not authorized to receive a proposal form under Article 2L.3, “Issuing Bid Documents”,  The Bidder failed to acknowledge receipt of all addenda issued.  The proposal form was signed by a person who was not authorized to bind the Bidder or Bidders.  The proposal guaranty did not comply with the requirements contained in this Item.  The bid was in a form other than the official proposal 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 is not prequalified by TxDOT 147 3 04/2022  The bidder does not meet the Owner’s qualification requirements. 8.SUBMITTAL OF BIDS 8.1.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. 8.1.1.Proposal Form. Use the electronic proposal 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 proposal form may not contain the special provisions, special specifications, general notes, and other Contract documents. These documents are included by reference. 8.1.2.Proposal Guaranty. Provide a bid guaranty in the amount indicated on the proposal form. Use an electronic bid bond. Guaranty checks or printed bid bonds will not be accepted. 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. 8.1.3.Submittal of Bid. Submit the bid using the Owner’s bidding system. 8.1.4.Revising the Proposal 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. 8.1.5.Withdrawing a Bid. Submit an electronic or written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. An electronic request must be made using the Owner’s bidding system. 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. 8.2.Printed Bid. 8.2.1.Proposal Form. Mark all entries in ink. As an alternative to hand writing the unit prices in the proposal form, submit a typed proposal form. A typed proposal form must contain the information in the format shown on the “Example of Bid Prices Submitted by Computer Printout” in the proposal form. 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 proposal 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 proposal form must be authorized to bind all joint venture participants. If a proposal 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 148 4 04/2022  submit unit bid prices for both the domestic and foreign items. 8.2.2.Proposal 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 Section 2L.8.1.2., “Proposal Guaranty,” and submit the electronic bid bond with the printed bid. 8.2.3.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. 8.2.4.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 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. 8.2.5.Submittal of Bid. Place the completed proposal form and the bid guaranty in a sealed envelope marked to indicate the contents. 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. 8.2.6.Revising the Proposal Form. Make desired changes to the proposal 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. 8.2.7.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. 9.OPENING AND READING OF BIDS At the time, date, and location specified in the official advertisement, the Owner will publicly open and read bids. 10. TABULATING BIDS 10.1.Official Total Bid Amount. The Owner will sum the products of the quantities and the unit prices bid in the proposal form to determine the official total bid amount, except as provided in Section 2L.11., “Consideration of Unit Prices.” 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. 149 5 04/2022 10.2.Consideration of Bid Format. When a Bidder submits both an electronic bid and a printed bid that is responsive, the unit bid prices in the printed bid will be used to determine the total bid amount. If the printed bid is incomplete or nonresponsive, the electronic bid will be used in the tabulation of the total bid amount. If a Bidder submits 2 or more printed bids, all responsive bids will be tabulated. The bid with the lowest tabulation will be used to determine the total bid amount. 10.3.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. 10.4.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. 10.5.Consideration of Unit Prices. 10.5.1.Additive Alternate Items. The Owner will sum the products of the quantities and the unit prices for the regular items in the proposal form to determine the total bid amount for the base bid. The official total bid amount will be determined by the summation of the base bid plus a pre-determined order of additive alternate items. An estimate of the budgeted amount may be shown on the plans. The Contract will identify the base bid work and additive alternate work to be performed. The Owner makes no guarantee that the additive alternate work will be required. 10.5.2.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. 10.5.3.“Buy America.” Comply with Buy America in accordance with Section 6L.1.1.. 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 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 11. CONSIDERATION OF BID ERRORS. 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. 150 6 04/2022 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. 12. TIE BIDS 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. If all tie Bidders request to withdraw their bids, no withdrawals will be allowed and the low Bidder will be determined by a coin toss. The Letting Official will preside over the proceedings for the coin toss. 151 1 04/2022 Item 3L Award and Execution of Contract 1.AWARD OF CONTRACT The Owner will award, reject, or defer the Contract within 30 days after the opening of the bid. The Owner reserves the right to reject any or all bids and to waive minor technicalities in the best interest of the Owner. 1.1.Award. The Owner will award the Contract to the low Bidder as determined by Article 2L.10., “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 second low Bidder’s unit bid prices are reasonable.  Any reasons outlined in section 00 21 13 1.2.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 2L.11 “Consideration of Bid Errors.”  Rejection of the Contract is in the best interest of the Owner.  Any reasons outlined in section 00 21 13. 1.3.Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner. 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 proposal guaranty to the Contractor. 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. 4.EXECUTION OF CONTRACT Provide the following within 15 days after written notification of award of the Contract: 4.1.Contract. Executed by Contractor and Surety. 4.2.Bonds. Executed performance bond and payment bond in the full amount of the Contract price with powers of attorney. Provide bonds in accordance with Table 1. Furnish the payment and performance bonds as a 152 2 04/2022 guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount Required Bonds Less than $25,000 None $25,000 to $100,000 Payment More than $100,000 Performance and Payment 4.3.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. Table 2 Insurance Requirements Type of Insurance Amount of Coverage Commercial General Liability Insurance Not Less Than: $600,000 each occurrence Business Automobile Policy Not Less Than: $600,000 combined single limit Workers’ Compensation Not Less Than: Statutory All Risk Builder’s Risk Insurance (For building-facilities Contracts only) 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 Workers’ Compensation policy must include a waiver of subrogation endorsement in favor of the Owner. 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. 4.4.Business Ownership Information. Submit the names and social security numbers of all individuals owning 25% or more of the firm on the Owner’s form. 153 3 04/2022 5.FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Article 3L.4., “Execution of Contract,” the proposal guaranty will become the property of the Owner, not as a penalty, but as liquidated damages. The Contractor forfeiting the proposal guaranty will not be considered in future bids for the same work unless there has been a substantial change in design of the work. 6.APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner. 7.RETURN OF PROPOSAL GUARANTY The proposal 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. 8.BEGINNING OF WORK Do not begin work until authorized in writing by the Owner. Verify all quantities of materials shown on the plans before ordering. For Contracts with callout work and work orders, the purchase of materials before a work order is issued or without prior written approval of the Engineer is at the Contractor’s risk, and the Department is not obligated for the cost of the materials or work to acquire the materials. 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. 10. 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. 154 1 04/2022 Item 4L Scope of Work 1.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. 2.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 Section 7L.1.2., “Safety Preconstruction Meeting.” 2.1.Issue Resolution Process. An issue is any aspect of the Contract where parties of the Contract do not agree. The individuals identified at the lowest level of the issue escalation ladder will initiate the issue resolution process by escalating any issue that remains unresolved within the time frame outlined in the issue escalation ladder. Work with the Owner to resolve all issues during the course of the Contract. Refer to Article 4L.7., “Dispute or Claims Procedure,” for all unresolved issues. 3.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). 3.1.Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering is mutually agreed to instead of the informal partnering. 3.2.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. 3.2.1.Internal Facilitators. An Owner or Contractor internal (staff) facilitator may be selected as the facilitator at no additional cost to either party. 3.2.2.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. 3.3.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. 155 2 04/2022 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. 3.4.Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed in Article 9L.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. For formal partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Owner 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 Owner will reimburse the Contractor for half of the eligible expenses as approved. 4.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. 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 9L.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. 156 3 04/2022 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 < 75 1.05 ≥ 25 and < 50 1.15 < 25 1.25 If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8L, “Prosecution and Progress.” 5.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. 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. 6.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 CPA-prepared labor burden rates directly to the Owner. 157 4 04/2022 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: 6.1.Standby Equipment Costs. Payment will be made in accordance with Section 9L.7.1.4.3., “Standby Equipment Costs.” 6.2.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  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. 6.3.Home Office Overhead. The Owner will not compensate the Contractor for home office overhead. 7.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. If a dispute cannot be resolved, initiate the Contract claim procedure by filing a Contract claim after the completion of the Contract or when required for orderly performance of the Contract. Submit the claim to the Owner in accordance with state law. 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 in a timely manner. 158 1 04/2022 Item 5L Control of the Work 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. The Engineer may pursue actions against the Contrator, including but not limited to the withholding of payments and suspending the work, for noncompliance of the Contract. The Engineer may suspend the work without suspending working day charges for noncompliance of the Contract. 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. 159 2 04/2022 Table 1 Signature and Approval Requirements for Working Drawings Working Drawings For Requires Licensed Professional Engineer’s Signature, Seal, and Date Requires Owner Approval 1. Alternate or optional designs submitted by Contractor Yes Yes 2. Supplementary shop and fabrication drawings for structural Items No unless required on the plans See applicable Item 3. Contractor-proposed temporary facilities that affect the public safety, not included on the plans Yes Yes 4. Form and falsework details Bridges, retaining walls, and other major structures Yes unless otherwise shown on the plans No1 Minor structures No unless otherwise shown on the plans No 5. Erection drawings Yes No1,2 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. Submit shop drawings electronically for the fabrication of structural items. 3.CONFORMITY WITH PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS Furnish materials and perform work in reasonably close conformity with the lines, grades, cross-sections, dimensions, details, gradations, physical and chemical 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. 3.1.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. 3.2.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. 160 3 04/2022 4.COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS The specifications, accompanying plans (including additional plans for non-site-specific 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. 5.COOPERATION OF CONTRACTOR 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 experienced with the work being performed and capable of reading and understanding the Contract. Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act 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 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. 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. 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. 161 4 04/2022 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. 7.COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 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. 8.1.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. 8.2.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.  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. 9.CONSTRUCTION SURVEYING Use Method C 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. 9.1.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. 162 5 04/2022 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. 9.2.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. 9.3.Method C. Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. 10. 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 4L.4., “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. 11. 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. 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. The work performed under this Article will not be paid for directly but will be considered subsidiary to Items of the Contract. 12. FINAL ACCEPTANCE 12.1.Final acceptance is made when all work is complete and the Engineer, in writing, accepts all work for the work locations in the Contract. Final acceptance relieves the Contractor from further Contract responsibilities. 163 6 04/2022 12.1.1.Work Completed. Work completed must include work for vegetative establishment and maintenance, test, and performance periods and work to meet the requirements of Article 5L.11., “Final Cleanup.” 12.1.2.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 7 calendar days, unless otherwise authorized by the Engineer. 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. 12.1.3.Final Measurement. Final measurements and pay quantity adjustments may be made after final acceptance. 12.1.4.Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning signs upon final acceptance or as directed. 164 1 04/2022 Item 6L Control of Materials 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 reinspected in accordance with Article 6L.4., “Sampling, Testing, and Inspection.” 1.1.Buy America. Comply with the latest provisions of Buy America as listed at 23 CFR 635.410. 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 (Department Form 1818 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.). 1.2. 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 federal-aid highway construction projects. 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. 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 payments due to the Contractor. 3.MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 165 2 04/2022 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 reinspected 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. 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:  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.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. 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. 166 3 04/2022 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. 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 (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. 10. HAZARDOUS MATERIALS Comply with the requirements of Article 7L.11., “Responsibility for 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. 10.1.Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans. 10.1.1.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. 10.1.2.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. Maintain certification for the duration of the work. Provide copies of audits or certification if requested. 167 4 04/2022 Comply with worker and public safety regulations, including, but not limited to, OSHA 29 CFR Parts 1910.1025, 1926.62, and 1926.63. 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. The work performed, materials furnished, equipment, labor, tools, and incidentals will be paid for in accordance with Item 446, “Field Cleaning and Painting Steel.” 10.2.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,” and Item 497, “Sale of Salvagable Material.” 10.3.Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM) have been found. 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. 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 Part 61, 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. DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or renovation of each structure or load bearing member shown on the plans. If the actual demolition, renovation, or removal date is changed or delayed, notify the Engineer in writing of these revised dates in sufficient time to allow for the Owner’s notification to DSHS to be postmarked at least 10 days in advance of the work. Failure to provide the above information may require the temporary suspension of work under Article 8L.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. 10.3.1.Asbestos Removed by Third Party. At locations where unknown ACM is discovered, the Owner will arrange for abatement by a third party. 10.3.2.Asbestos Removed by the Contractor. Maintain certification as Asbestos Abatement Contractor by the Texas Department of State Health Services for the duration of the Contract. Provide copies of audits and certification to the Engineer. 168 5 04/2022 10.4.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. 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. 169 1 04/2022 Item 7L Legal Relations and Responsibilities 1.SAFETY 1.1.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. 1.2.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 4L.2., “Preconstruction Conference.” Attendees for this safety preconstruction meeting will be:  the Contractor,  subcontractors,  Owner,  local law enforcement, and  other personnel that play an active role on the project. 1.3.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 502.2.2., “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. 1.4.Use of Blue Warning Lights. Texas Transportation Code 547.105 authorizes the use of warning lights to promote safety and provides an effective means of 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. 1.5.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 178170 2 04/2022 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 will make an inspection of the traffic control devices. Comply with the results of the inspection in the prescribed time frame. 1.5.1.Contractor Responsible Person and Alternate. Designate in writing, a Contractor’s Responsible Person (CRP) and an alternate to be the representative of the Contractor who is responsible for taking or directing corrective measures regarding the traffic control. The CRP or alternate must be accessible by phone 24 hr. per day and able to respond when notified. The CRP and alternate must comply with the requirements of Section 7L.1.5.5., “Training.” 1.5.2.Flaggers. Designate in writing, a flagger instructor who will serve as a flagging supervisor and is responsible for training and assuring that all flaggers are qualified to perform flagging duties. Before beginning work, provide a list of flaggers certified to perform flagging duties. Provide flaggers as directed. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must dress appropriately, wear high-visibility safety apparel, use flags, signs, stop-slow paddles, and other hand-signaling devices, and follow the flagging procedures in the TMUTCD. Comply with the requirements of Section 7L.1.5.5., “Training.” 1.5.3.Law Enforcement Personnel. Provide uniformed law enforcement personnel with patrol vehicles as directed. Document the work zone traffic services provided in the manner prescribed by the Department. Law enforcement personnel providing work zone traffic services must be trained for the service they perform. Comply with Section 7L.1.5.5., “Training.” 1.5.4.Other Work Zone Personnel. Workers involved with traffic control, including the maintenance of the traffic control, must comply with the requirements of Section 7L.1.5.5., “Training.” 1.5.5.Training. Workers involved with the traffic control must be trained using Department-approved training, except in the case of Section 7L.1.5.4, “Other Work Zone Personnel” who may be trained using Contractor- developed Training in lieu of Department-approved Training. Provide a copy of the certification of completion to the Engineer, except in the case of Contractor-developed Training. Ensure the certification of completion includes the following:  name of provider and course title,  name of participant,  date of completion, and  date of expiration. For Contractor developed-Training, maintain a log of attendees. Make the log available upon request. Ensure the log is legible and includes the following:  print name and signature of participant,  name and title of trainer, and  date of training. 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 and its representatives against any claim arising from violation by the Contractor of any law, ordinance, or regulation. 179171 3 04/2022 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. 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 7L.6., “Preservation of Cultural and Natural Resources and the Environment.” 4.PATENTED DEVICES, MATERIAL, AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor’s use of any patented design, device, material, process, trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs, expenses, or damages that it may be obliged to pay, by reason of this infringement, at any time during the prosecution or after the completion of the work. 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. 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. 6.1.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. 6.2.Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). The Contractor 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 SWP3. 6.3.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 Engineers before work begins. Adhere to all agreements, mitigation plans, and standard best management practices required by the permit. When Contractor-initiated changes in the construction method changes the impacts to waters of the U.S., obtain new or revised Section 404 permits. 6.4.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. 6.5.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. 6.6.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 172 4 04/2022 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, 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. 6.7.Contractor Responsibility. If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is responsible for obtaining clearances and coordinating with appropriate regulatory agencies. 7.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. 8.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. 9.USING EXPLOSIVES The contractor is not permitted to use explosives. 173 5 04/2022 10. 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 4.4., “Changes in the Work.” Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 11. 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. 12. RESPONSIBILITY FOR DAMAGE CLAIMS Indemnify and save harmless the Owner and its agents and employees 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 laws, including workers’ compensation and the Texas Tort Claims Act. Indemnify and save harmless the Owner 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 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. 13. 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. 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. 13.1.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 174 6 04/2022 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. 13.2.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. 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. 13.3.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. 13.4.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. 14. 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 nonexecution 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. 14.1.Reimbursable Repair. Except for damage to appurtenances listed in Section 7L.16.2.1., “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. 175 7 04/2022 14.2.Appurtenances. 14.2.1.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 7L.16.2.2., “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. 14.2.2.Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section 7L.16.1., “Reimbursable Repair,” to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments). 14.3.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 7L.16.1., “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. 14.4.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 7L.16.1., “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. 14.5.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. 14.5.1.Isolated Work Locations. For isolated work locations, when all work is completed, including work for Article 5L.11., “Final Cleanup,” the Engineer may relieve the Contractor from responsibility for maintenance. 14.5.2.Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work for Article 5L.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. 14.5.3.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. 14.5.4.When Directed by the Engineer. The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 14.6.Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in accordance with pertinent items or Article 4L.4., “Changes in the Work.” 176 8 04/2022 15. ELECTRICAL REQUIREMENTS 15.1.Definitions. 15.1.1.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. 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. 15.1.2.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. 15.1.3.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. 15.1.4.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. 177 9 04/2022 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  sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. 15.2.Work Requirements. The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. Table 2 Work Requirements Type of Work Qualifications to Perform Work Electrical work with plans Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Electrical work without plans Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed electrician or workers directly supervised by a licensed electrician Replace lamps, starting aids, and changing fixtures Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Conduit in precast section with approved working drawings Inspection by licensed electrician or certified person Conduit in cast-in-place section Inspection by licensed electrician or certified person All other electrical work (troubleshooting, repairs, component replacement, etc.) Licensed electrician or workers directly supervised by a licensed electrician “Directly supervised by a licensed electrician” means that a licensed electrician is physically present during all electrical work. “Directly supervised by a licensed electrician or certified person” means that a licensed electrician or certified person is physically present during all electrical work. 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.” 16. PAYROLLS Ensure that employees, contract labor, and any subcontractor’s employees are paid at least the predetermined wage rates shown on the Contract. Payroll records must contain the information required by law. As an option, form WH-347, “Payroll” is provided by the U.S. Department of Labor. Maintain payroll and related records during the course of the Contract and preserve these records for a period of 3 years following the completion of the Contract or as required by law. 16.1.Minimum Wage Requirements for Federally Funded Contracts. Comply with the requirements of FHWA- 1723, “Required Contract Provisions Federal-Aid Construction Contract.” Submit payroll records to the Engineer in the manner prescribed by the Owner. 178 10 04/2022 16.2.Minimum Wage Requirements for State Funded Contracts. Comply with the requirements of 29 USC 206 unless otherwise shown in the Contract. Upon request, submit payroll records to the Engineer in the manner prescribed by the Owner. 179 1 04/2022 Item 8L Prosecution and Progress 1.PROSECUTION OF WORK Unless otherwise shown in the Contract, begin work within 30 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. 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. 2.1.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 by the Engineer 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 determined 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. 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. 180 2 04/2022 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. 2.2.Payments to Subcontractors. Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner. 2.3.Payment Records. Make payment records, including but not limited to copies of cancelled checks, available for inspection by the Owner. Submit payment records upon request. Retain payment records for a period of 3 years 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 payments and suspending the work. This work will not be measured or paid for directly but will be subsidiary to pertinent items. 2.4.Payrolls. Comply with Article 7L.19., “Payrolls.” 3.COMPUTATION OF CONTRACT TIME FOR COMPLETION The number of working days is established by the Contract. Working day charges will begin as prescribed in Article 8L.1., “Prosecution of Work.” Working day charges will continue in accordance with the Contract. 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. 3.1.Working Day Charges. Working days will be charged in accordance with Section 8L.3.1.4., “Standard Workweek,” unless otherwise shown in the Contract documents. Working days will be computed and charged in accordance with one of the following: 3.1.1.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. 3.1.2.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. 3.1.3.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. 3.1.4.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 181 3 04/2022 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. 3.1.5.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. 3.1.6.Other. Working days will be charged as shown in the Contract documents. 3.2.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. 3.3.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. 3.3.1.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. 3.3.2.Standard Workweek. 3.3.2.1.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 8L.3.3., “Nighttime Work,” unless otherwise shown in the Contract documents. 3.3.2.2.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 8L.3.3., “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 8L.3.3.2.1., “Nighttime Work Only.” 3.4.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. 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. 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 182 4 04/2022 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. 5.1.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. 5.2.Progress Schedule. 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. 5.3.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  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. 5.4.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. 5.5.Schedule Types. 5.5.1.Bar Chart. Seven calendar days before the preconstruction meeting, prepare and submit a hard copy of the schedule using the bar chart method. 5.5.1.1.Progress Schedule Reviews. Update the project schedule and submit a hard copy when changes to the schedule occur or when requested. 5.5.2.Critical Path Method. Prepare and submit the schedule using the CPM. 183 5 04/2022 5.5.2.1. 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. 5.5.2.2. 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. 5.5.2.2.1. 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. 5.5.2.3. 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. 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. 184 6 04/2022 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. 5.5.2.3.1. Project Schedule Summary Report (PSSR). When shown on the plans, provide the PSSR instead of the narrative required in Section 8L.5.5.2.3., “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. 5.5.3. 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. 5.5.4. 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 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. 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 185 7 04/2022 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. 7. DEFAULT OF THE CONTRACT 7.1. 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 with Section 8L.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. 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 3.4.3., “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 186 8 04/2022 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 8L.2., “Subcontracting,” and abide by the DBE/HUB/SBE commitments previously approved by the Owner . No markups as defined in Article 9L.7., “Payment for Extra Work and Force Account Method,” will be allowed for the Surety. 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 4L.7., “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 8L.8., “Termination of the Contract.” 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. 8.1. 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;  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 187 9 04/2022 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. 8.2. 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. 188 1 04/2022 Item 9L Measurement and Payment 1.MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures, unless otherwise specified. 1.1.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. 1.2.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. 1.3.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. 1.3.1.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 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. 1.3.2.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. 189 2 04/2022 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. 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 4L.4., “Changes in the Work.” 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 5L.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. 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. 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 198190 3 04/2022 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, 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 record-keeping 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. 7. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed, performed, and accepted will be made in accordance with Article 4L.4., “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 approval and payment an invoice of actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work. 7.1. Markups. Payment for extra work may include markups as compensation for the use of small tools, overhead expense, and profit. 7.1.1. 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. 7.1.2. Insurance and Taxes. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9L.7.1.1., “Labor,” will be paid as compensation for labor insurance and labor taxes including the 191 4 04/2022 cost of premiums on non-project-specific liability (excluding vehicular) insurance, workers compensation insurance, Social Security, unemployment insurance taxes, and fringe benefits. 7.1.3. 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. 7.1.4. 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. 7.1.4.1. 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, nor more than 176 hours per month, except when time is computed using a six-day 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. 7.1.4.2. 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. 7.1.4.3. Standby Equipment Costs. Payment for standby equipment will be made in accordance with Section 9L.7.1.4., “Equipment,” except that: 7.1.4.3.1. 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. 7.1.4.3.2. Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor:  Standby will be paid at the invoice daily rental rate, excluding operating cost, which includes fuel, lubricants, repairs, and servicing. The Owner reserves the right to limit the daily standby rate to 192 5 04/2022 comparable FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor.  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. 7.1.5. Subcontracting. An additional 5% of the actual invoice cost will be paid to the Contractor as compensation for administrative cost, superintendence, and profit. 7.1.6. Law Enforcement. An additional 5% of the actual invoice cost will be paid as compensation for administrative costs, superintendence, and profit. 7.1.7. Railroad Flaggers. An additional 5% of the actual invoice cost will be paid as compensation for administrative cost, superintendence, and profit. 7.1.8. Bond Cost. An additional 1% of the total compensation provided in Article 9L.7., “Payment for Extra Work and Force Account Method,” will be paid for the increase in bond. 8. RETAINAGE See section 00 72 00 General Conditions for policy on retainage. 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. The inspection and approval of a subcontractor’s work does not eliminate the Contractor’s responsibilities for all the work as defined in Article 7L.16., “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. 193 6 04/2022 10. FINAL PAYMENT When the Contract has been completed, all work has been approved, final acceptance has been made in accordance with Article 5L.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. 194 CONTROL: 0918-46-319 PROJECT: CM 2022 (916) COUNTY: DENTON DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS The following goal for disadvantaged business enterprises is established: DBE: 7.5% 195 ENGINEERS’ CERTIFICATION CONTROL: 0918-46-319 PROJECT: CM 2022 (916) COUNTY: DENTON The Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes and Specification Data in this document have been selected by me or under my responsible supervision as being applicable to this project. Kevin T. Howlett Date PE No. 95000 1/23/24 196 CONTROL: 0918-46-319 PROJECT: CM 2022 (916) COUNTY: DENTON INDEX OF GOVERNING STANDARD SPECIFICATIONS “STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES” Adopted by The Texas Department of Transportation November 1, 2014, standard specifications and references are incorporated into the contract by reference. ITEM 100 PREPARING RIGHT OF WAY ITEM 104 REMOVING CONCRETE ITEM 105 REMOVING TREATED AND UNTREATED BASE AND ASPHALT PAVEMENT ITEM 110 EXCAVATION ITEM 132 EMBANKMENT ITEM 160 TOPSOIL ITEM 162 SODDING FOR EROSION CONTROL ITEM 164 SEEDING FOR EROSION CONTROL ITEM 168 VEGETATIVE WATERING ITEM 260 LIME TREATMENT (ROAD-MIXED) ITEM 310 PRIME COAT ITEM 360 CONCRETE PAVEMENT ITEM 400 EXCAVATION AND BACKFILL FOR STRUCTURES 197 ITEM 402 TRENCH EXCAVATION PROTECTION ITEM 403 TEMPORARY SPECIAL SHORING ITEM 416 DRILLED SHAFT FOUNDATIONS ITEM 420 CONCRETE SUBSTRUCTURES ITEM 423 RETAINING WALLS ITEM 432 RIPRAP ITEM 450 RAILING ITEM 462 CONCRETE BOX CULVERTS AND DRAINS ITEM 464 REINFORCED CONCRETE PIPE ITEM 465 JUNCTION BOXES, MANHOLES, AND INLETS ITEM 466 HEADWALLS AND WINGWALLS ITEM 467 SAFETY END TREATMENT ITEM 479 ADJUSTING MANHOLES AND INLETS ITEM 481 PIPE FOR DRAINS ITEM 496 REMOVING STRUCTURES ITEM 502 BARRICADES, SIGNS, AND TRAFFIC HANDLING ITEM 506 TEMPORARY EROSION, SEDIMENTATION, ENVIRONMENTAL CONTROLS ITEM 508 CONSTRUCTING DETOURS ITEM 528 COLORED TEXTURED CONCRETE AND LANDSCAPE PAVERS ITEM 529 CONCRETE CURB, GUTTER, AND COMBINED CURB AND GUTTER ITEM 530 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS ITEM 531 SIDEWALKS ITEM 540 METAL BEAM GUARD FENCE ITEM 542 REMOVING METAL BEAM GUARD FENCE ITEM 544 GUARDRAIL END TREATMENTS 198 ITEM 550 CHAIN LINK FENCE ITEM 552 WIRE FENCE ITEM 560 MAILBOX ASSEMBLIES ITEM 618 CONDUIT ITEM 620 ELECTRICAL CONDUCTORS ITEM 621 TRAY CABLE ITEM 624 GROUND BOXES ITEM 628 ELECTRICAL SERVICES ITEM 644 SMALL ROADSIDE SIGN ASSEMBLIES ITEM 662 WORK ZONE PAVEMENT MARKINGS ITEM 666 RETROREFLECTORIZED PAVEMENT MARKINGS ITEM 668 PREFABRICATED PAVEMENT MARKINGS ITEM 672 RAISED PAVEMENT MARKERS ITEM 677 ELIMINATING EXISTING PAVEMENT MARKINGS AND MARKERS ITEM 680 HIGHWAY TRAFFIC SIGNALS ITEM 682 VEHICLE AND PEDESTRIAN SIGNAL HEADS ITEM 684 TRAFFIC SIGNAL CABLES ITEM 686 TRAFFIC SIGNAL POLE ASSEMBLIES (STEEL) ITEM 687 PEDESTAL POLE ASSEMBLIES ITEM 688 PEDESTRIAN DETECTORS AND VEHICLE LOOP DETECTORS ITEM 690 MAINTENANCE OF TRAFFIC SIGNALS 199 000-002L 1 04/2022 Special Provision to Item 000 Nondiscrimination 1. DESCRIPTION All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964, as amended, (Title VI). Title VI forbids discrimination against anyone in the United States on the grounds of race, color, or national origin by any agency receiving federal funds. Owner, as a recipient of Federal financial assistance, and under Title VI and related statutes, ensures that no person shall on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. § 2000d-3), color, national origin, sex, age or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any of Owner’s programs or activities. 2. DEFINITION OF TERMS Where the term “contractor” appears in the following six nondiscrimination clauses, the term “contractor” is understood to include all parties to contracts or agreements with the Owner. 3. NONDISCRIMINATION PROVISIONS During the performance of this contract, the contractor agrees as follows: 3.1. Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 3.2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall 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 shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 3.4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Owner or the Texas Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 200 000-002L 2 04/2022 3.5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Owner may determine to be appropriate, including, but not limited to:  withholding of payments to the contractor under the contract until the contractor complies, and/or  cancellation, termination or suspension of the contract, in whole or in part. 3.6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs (3.1) through (3.6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 201 000-003L 1 04/2022 Special Provision to Item 000 Certification of Nondiscrimination in Employment 1.GENERAL By signing this proposal, the Bidder certifies that Bidder has participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if Bidder has not participated in a previous contract of this type, or if Bidder has had previous contract or subcontracts and has not filed, Bidder will file with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Note—The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by Bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 202 000-004L 1 04/2022 Special Provision to Item 000 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1.GENERAL In addition to the affirmative action requirements of the Special Provision titled “Standard Federal Equal Employment Opportunity Construction Contract Specifications” as set forth elsewhere in this proposal, the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. 2.GOALS 2.1.Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4. 2.2.The goals for minority and female participation expressed in percentage terms for the Contractor’s aggregate work force in each trade on all construction work in the covered area are as follows: Goals for minority participation in each trade, % Goals for female participation in each trade, % See Table 1 6.9 2.3.These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it will apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 will be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor must make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals will be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 2.4.A Contractor or subcontractor will be considered in compliance with these provisions by participation in the Texas Highway-Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each Contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees. The overall good performance of other Contractors and subcontractors toward a goal in an approved plan does not excuse any covered Contractor’s or subcontractor’s failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3.SUBCONTRACTING The Contractor must provide written notification to the Owner within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation pending concurrence of the Owner in the award. The notification will list the names, 203 000-004L 2 04/2022 address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. 4.COVERED AREA As used in this special provision, and in the Contract resulting from this solicitation, the geographical area covered by these goals for female participation is the State of Texas. The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1. 5.REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246 as amended. OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. Table 1 Goals for Minority Participation County Participation, % County Participation, % Anderson 22.5 Chambers 27.4 Andrews 18.9 Cherokee 22.5 Angelina 22.5 Childress 11.0 Aransas 44.2 Clay 12.4 Archer 11.0 Cochran 19.5 Armstrong 11.0 Coke 20.0 Atascosa 49.4 Coleman 10.9 Austin 27.4 Collin 18.2 Bailey 19.5 Collingsworth 11.0 Bandera 49.4 Colorado 27.4 Bastrop 24.2 Comal 47.8 Baylor 11.0 Comanche 10.9 Bee 44.2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 Bosque 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoria 27.3 Culberson 49.0 Brazos 23.7 Dallam 11.0 Brewster 49.0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 Deaf Smith 11.0 Brown 10.9 Delta 17.2 Burleson 27.4 Denton 18.2 Burnet 24.2 DeWitt 27.4 Caldwell 24.2 Dickens 19.5 Calhoun 27.4 Dimmit 49.4 Callahan 11.6 Donley 11.0 Cameron 71.0 Duval 44.2 Camp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 Edwards 49.4 Castro 11.0 Ellis 18.2 204 000-004L 3 04/2022 County Participation, % County Participation, % El Paso 57.8 Kenedy 44.2 Erath 17.2 Kent 10.9 Falls 18.6 Kerr 49.4 Fannin 17.2 Kimble 20.0 Fayette 27.4 King 19.5 Fisher 10.9 Kinney 49.4 Floyd 19.5 Kleberg 44.2 Foard 11.0 Knox 10.9 Fort Bend 27.3 Lamar 20.2 Franklin 17.2 Lamb 19.5 Freestone 18.6 Lampasas 18.6 Frio 49.4 LaSalle 49.4 Gaines 19.5 Lavaca 27.4 Galveston 28.9 Lee 24.2 Garza 19.5 Leon 27.4 Gillespie 49.4 Liberty 27.3 Glasscock 18.9 Limestone 18.6 Goliad 27.4 Lipscomb 11.0 Gonzales 49.4 Live Oak 44.2 Gray 11.0 Llano 24.2 Grayson 9.4 Loving 18.9 Gregg 22.8 Lubbock 19.6 Grimes 27.4 Lynn 19.5 Guadalupe 47.8 Madison 27.4 Hale 19.5 Marion 22.5 Hall 11.0 Martin 18.9 Hamilton 18.6 Mason 20.0 Hansford 11.0 Matagorda 27.4 Hardeman 11.0 Maverick 49.4 Hardin 22.6 McCulloch 20.0 Harris 27.3 McLennan 20.7 Harrison 22.8 McMullen 49.4 Hartley 11.0 Medina 49.4 Haskell 10.9 Menard 20.0 Hays 24.1 Midland 19.1 Hemphill 11.0 Milam 18.6 Henderson 22.5 Mills 18.6 Hidalgo 72.8 Mitchell 10.9 Hill 18.6 Montague 17.2 Hockley 19.5 Montgomery 27.3 Hood 18.2 Moore 11.0 Hopkins 17.2 Morris 20.2 Houston 22.5 Motley 19.5 Howard 18.9 Nacogdoches 22.5 Hudspeth 49.0 Navarro 17.2 Hunt 17.2 Newton 22.6 Hutchinson 11.0 Nolan 10.9 Irion 20.0 Nueces 41.7 Jack 17.2 Ochiltree 11.0 Jackson 27.4 Oldham 11.0 Jasper 22.6 Orange 22.6 Jeff Davis 49.0 Palo Pinto 17.2 Jefferson 22.6 Panola 22.5 Jim Hogg 49.4 Parker 18.2 Jim Wells 44.2 Parmer 11.0 Johnson 18.2 Pecos 18.9 Jones 11.6 Polk 27.4 Karnes 49.4 Potter 9.3 Kaufman 18.2 Presidio 49.0 Kendall 49.4 Randall 9.3 205 000-004L 4 04/2022 County Participation, % County Participation, % Rains 17.2 Reagan 20.0 Real 49.4 Throckmorton 10.9 Red River 20.2 Titus 20.2 Reeves 18.9 Tom Green 19.2 Refugio 44.2 Travis 24.1 Roberts 11.0 Trinity 27.4 Robertson 27.4 Tyler 22.6 Rockwall 18.2 Upshur 22.5 Runnels 20.0 Upton 18.9 Rusk 22.5 Uvalde 49.4 Sabine 22.6 Val Verde 49.4 San Augustine 22.5 Van Zandt 17.2 San Jacinto 27.4 Victoria 27.4 San Patricio 41.7 Walker 27.4 San Saba 20.0 Waller 27.3 Schleicher 20.0 Ward 18.9 Scurry 10.9 Washington 27.4 Shackelford 10.9 Webb 87.3 Shelby 22.5 Wharton 27.4 Sherman 11.0 Wheeler 11.0 Smith 23.5 Wichita 12.4 Somervell 17.2 Wilbarger 11.0 Starr 72.9 Willacy 72.9 Stephens 10.9 Williamson 24.1 Sterling 20.0 Wilson 49.4 Stonewall 10.9 Winkler 18.9 Sutton 20.0 Wise 18.2 Swisher 11.0 Wood 22.5 Tarrant 18.2 Yoakum 19.5 Taylor 11.6 Young 11.0 Terrell 20.0 Zapata 49.4 Terry 19.5 Zavala 49.4 206 000-005L 1 04/2022 Special Provision to Item 000 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1.GENERAL 1.1.As used in these specifications:  “Covered area” means the geographical area described in the solicitation from which this Contract resulted;  “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;  “Employer identification number” means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.  “Minority” includes: ·Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); ·Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); ·Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and ·American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 1.2.Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it will physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1.3.If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) will be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the equal employment opportunity (EEO) clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1.4.The Contractor will implement the specific affirmative action standards provided in Section 1.7.1. through Section 1.7.16. of these specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer. The 207 000-005L 2 04/2022 Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women will excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 1.6.In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 1.7.The Contractor will take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions. The Contractor will document these efforts fully, and will implement affirmative action steps at least as extensive as the following: 1.7.1.Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor will specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 1.7.2.Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. 1.7.3.Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this will be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. 1.7.4.Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations. 1.7.5.Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor. The Contractor will provide notice of these programs to the sources compiled under 7b above. 1.7.6.Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and Collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 1.7.7.Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other 208 000-005L 3 04/2022 employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., before the initiation of construction work at any job site. A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 1.7.8.Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 1.7.9.Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor will send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 1.7.10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. 1.7.11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1.7.12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 1.7.13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1.7.14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities will be provided to assure privacy between the sexes. 1.7.15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 1.7.16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8.Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (Section 7.1. through Section 7.16.). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Section 7.1. through Section 7.16. of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance. 1.9.A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor 209 000-005L 4 04/2022 may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1.10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 1.11.The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1.12.The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as amended. 1.13.The Contractor, in fulfilling its obligations under these specifications, will implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1.14.The Contractor will designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records must at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records must be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 1.15.Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1.16.In addition to the reporting requirements set forth elsewhere in this Contract, the Contractor and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, will submit for every month of July during which work is performed, employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in accordance with the included instructions. 210 000-241L Special Provision 000 Cargo Preference Act Requirements in Federal Aid Contracts 1.DESCRIPTION All recipients of federal financial assistance are required to comply with the U.S. Department of Transportation’s (DOT) Cargo Preference Act Requirements, 46 CFR Part 381, Use of United States-Flag Vessels. This requirement applies to material or equipment that is acquired specifically for a Federal-aid highway project. It is not applicable to goods or materials that come into inventories independent of a Federal Highway Administration (FHWA) funded contract. When oceanic shipments are necessary for materials or equipment acquired for a specific Federal-aid construction project, the contractor agrees to: Utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. Furnish a legible copy of a rated, on-board commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of 46 CFR Part 381 Section 7, “Federal Grant, Guaranty, Loan and Advance of Funds Agreements,” within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, to both the Engineer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. Insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 1 04/2022 211 000-394L 1 - 7 Special Provision to Item 000 Disadvantaged Business Enterprise in Federal-Aid Contracts 1.DESCRIPTION The purpose of this Special Provision is to carry out the U.S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT-assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT-assisted Contracts. 2.DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1.Policy. It is the policy of the DOT and the Texas Department of Transportation (Department) that DBEs, as defined in 49 CFR Part 26, Subpart A, and the Department's DBE Program, will have the opportunity to participate in the performance of Contracts financed in whole or in part with federal funds. The DBE requirements of 49 CFR Part 26, and the Department’s DBE Program, apply to this Contract as follows. The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A, and the Department's DBE Program, or show a good faith effort to meet the DBE goal for this Contract. The Contractor, subrecipient, or subcontractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. The requirements of this Special Provision must be physically included in any subcontract. By signing the Contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. 2.2.Definitions. 2.2.1.Administrative Reconsideration. A process by which the low bidder may request reconsideration when the Department determines the good faith effort (GFE) requirements have not been met. 2.2.2.Commercially Useful Function (CUF). A CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing, managing, and supervising the work. 2.2.3.Disadvantaged Business Enterprise (DBE). A for-profit 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 individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it. 2.2.4.DBE Joint Venture. An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose 212 000-394L 2 - 7 share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. 2.2.5.DOT. The U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). 2.2.6.Federal-Aid Contract. Any Contract between the Owner and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7.Good Faith Effort. All necessary and reasonable steps to achieve the contract goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A. 2.2.8.North American Industry Classification System (NAICS). A designation that best describes the primary business of a firm. The NAICS is described in the North American Industry Classification Manual—United States, which is available on the Internet at the U.S. Census Bureau website: http://www.census.gov/eos/www/naics/. 2.2.9.Race-Conscious. A measure or program that is focused specifically on assisting only DBEs, including women-owned businesses. 2.2.10.Race-Neutral DBE Participation. Any participation by a DBE through customary competitive procurement procedures. 2.2.11.Texas Unified Certification Program (TUCP) Directory. An online directory listing all DBEs currently certified by the TUCP. The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3.Contractor’s Responsibilities. 2.3.1.DBE Liaison Officer. Designate a DBE liaison officer who will administer the Contractor’s DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. 2.3.2.Compliance Tracking System (CTS). This Contract is subject to Contract compliance tracking. Contractors and DBEs are required to provide any noted and requested Contract compliance-related data to the Owner. This includes, but is not limited to, commitments, payments, substitutions, and good faith efforts. Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information by the Owner. Attachments can be accessed at the following internet address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachements. 2.3.3.Apparent Low Bidder. The apparent low bidder must submit DBE commitments (Form 4901, etc.) to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved, in whole or part, no later than 5 calendar days after bid opening. The means of transmittal and the risk of timely receipt of the information will be the bidder’s responsibility and no extension of the 5-calendar-day timeframe will be allowed for any reason. 2.3.4.DBE Contractor. A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs. In the event a DBE subcontracts to a non-DBE, that information must be reported monthly. 2.3.5.DBE Committal. Only those DBEs certified by the TUCP are eligible to be used for goal attainment. The Directory can be accessed at the following Internet address: https://txdot.txdotcms.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XID=2340. 221213 000-394L 3 - 7 A DBE must be certified on the day the commitment is considered and at time of subcontract execution. It is the Contractor’s responsibility to ensure firms identified for participation are approved certified DBE firms. The Bidder is responsible to ensure that all submittals are checked for accuracy. Any and all omissions, deletions, and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder. Commitments in excess of the goal are considered race-neutral commitments. 2.3.6.Good Faith Effort Requirements. A Contractor who cannot meet the Contract goal, in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A. 2.3.6.1.Administrative Reconsideration. If the Owner determines that the apparent low bidder has failed to satisfy the good faith efforts requirement, the Owner will notify the Bidder of the failure and will give the Bidder an opportunity for administrative reconsideration. The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice. The request must be submitted directly to the Owner. If a reconsideration request is timely received, the reconsideration decision will be made by the Owner’s DBE liaison officer or, if the DBE liaison officer took part in the original determination that the Bidder failed to satisfy the good faith effort requirements, an Owner employee who holds a senior leadership position and reports directly to the executive officer, and who did not take part in the original determination will act as an administrative hearing officer. The Bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the Contract goal. The DBE liaison or other Owner employee making the reconsideration determination may request a meeting with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts were made to obtain the commitments to meet the Contract goal. The meeting must be held within 7 days of the date of the request submitted under this section. If the Bidder is unavailable to meet during the 7-day period, the reconsideration decision will be made on the written information provided by the Bidder. The Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did not meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal, within 7 days of the date of the notice issued in this section. The reconsideration decision is final and not subject to administrative appeal. 2.3.7.Determination of DBE Participation. The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment. Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a Commercially Useful Function. The total amount paid to the DBE for work performed with its own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its Contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. 214 000-394L 4 - 7 DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the Contractor or its affiliates is not allowed. Project materials or supplies acquired from an affiliate of the Contractor cannot directly or indirectly (second or lower tier subcontractor) be used for DBE goal credit. If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE’s subcontract, the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract goal. If the DBE firm is decertified before the DBE firm has signed a subcontract, the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100% of its expenditure to a DBE manufacturer. According to 49 CFR 26.55(e)(1)(i), a DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. The Contractor may count only 60% of its expenditure to a DBE regular dealer. According to 49 CFR 26.55(e)(2)(i), a DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles, or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. A firm may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the firm both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment must be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. A long-term lease with a third-party transportation company is not eligible for 60% goal credit. With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer, the Contractor may count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the Contract performed by the DBE. 2.3.8.Commercially Useful Function. It is the Contractor’s obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF. Under the terms established in 49 CFR 26.55, a DBE performs a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. With respect to material and supplies used on the Contract, a DBE must be responsible for negotiating price, determining quality and quantity, ordering the material, installing the material, if applicable, and paying for the material itself. With respect to trucking, the DBE trucking firm must own and operate at least one fully licensed, insured, and operational truck used on the Contract. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. 215 000-394L 5 - 7 A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. The Owner will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved, the Owner will presume that the DBE is not performing a CUF. If the Owner determines that a DBE is not performing a CUF, no work performed by such DBE will count as eligible participation. The denial period of time may occur before or after a determination has been made by the Owner. In case of the denial of credit for non-performance, the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 2.3.8.1.Rebuttal of a Finding of No Commercially Useful Function. Consistent with the provisions of 49 CFR 26.55(c)(4)&(5), before the Owner makes a final finding that no CUF has been performed by a DBE, the Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal. 2.3.9.Joint Check. The use of joint checks between a Contractor and a DBE is allowed with Owner approval. To obtain approval, the Contractor must submit a completed Form 2178, “DBE Joint Check Approval,” to the Owner. The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the DBE’s ability to perform a CUF. When joint checks are utilized, DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in the lack of participation towards the Contract goal requirement if DBE independence cannot be established. Joint checks will not be allowed simply for the convenience of the Contractor. If the proper procedures are not followed or the Owner determines that the arrangements result in a lack of independence for the DBE involved, no credit for the DBE’s participation as it relates to the material cost will be used toward the Contract goal requirement, and the Contractor will need to make up the difference elsewhere on the project. 2.3.10.DBE Termination and Substitution. No DBE named in the commitment submitted under Section 2.3.5. will be terminated for convenience, in whole or part, without the Owner’s approval. This includes, but is not limited to, instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. Unless consent is provided, the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Contractor, prior to submitting its request to terminate, must first give written notice to the DBE of its intent to terminate and the reason for the termination. The Contractor will copy the Owner on the Notice of Intent to terminate. 216 000-394L 6 - 7 The DBE has 5 calendar days to respond to the Contractor’s notice and will advise the Contractor and the Owner of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime Contractor’s request for termination. The Owner may provide a shorter response time if required in a particular case as a matter of public necessity. The Owner will consider both the Contractor’s request and DBE’s stated position prior to approving the request. The Owner may provide a written approval only if it agrees, for reasons stated in its concurrence document, that the Contractor has good cause to terminate the DBE. If the Owner does not approve the request, the Contractor must continue to use the committed DBE firm in accordance with the Contract. For guidance on what good cause includes, see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate, reduce, or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the DBE firm was engaged. When a DBE subcontractor is terminated, make good faith efforts to find, as a substitute for the original DBE, another DBE to perform, at least to the extent needed to meet the established Contract goal, the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228, “DBE Termination Substitution Request,” within seven (7) days, which may be extended for an additional 7 days if necessary at the request of the Contractor. The Owner will provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated. 2.3.11.Reports and Records. By the 15th of each month and after work begins, report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals. These payment reports will be required until all DBE subcontracting or material supply activity is completed. Negative payment reports are required when no activity has occurred in a monthly period. Notify the Owner if payment to any DBE subcontractor is withheld or reduced. Before receiving final payment from the Owner, the Contractor must indicate a final payment on the compliance tracking system. The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work, and must be available at reasonable times and places for inspection by authorized representatives of the Owner, Texas Department of Transportation or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. 2.3.12.Failure to Comply. If the Owner determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal, the Contractor will be given an opportunity for reconsideration by the Owner. A Contractor’s failure to comply with the requirements of this Special Provision will constitute a material breach of this Contract. In such a case, the Owner reserves the right to terminate the Contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor; or to secure a refund, not as a penalty but as liquidated damages, to the Owner or such other remedy or remedies as the Owner deems appropriate. 2.3.13.Investigations. The Owner may conduct reviews or investigations of participants as necessary. All participants, including, but not limited to, DBEs and complainants using DBE Subcontractors to meet the Contract goal, are required to cooperate fully and promptly with compliance reviews, investigations, and other requests for information. 217 000-394L 7 - 7 2.3.14.Falsification and Misrepresentation. If the Owner determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Owner to be unallowable, or if the Contractor engages in repeated violations, falsification, or misrepresentation, the Owner may:  refuse to count any fraudulent or misrepresented DBE participation;  withhold progress payments to the Contractor commensurate with the violation;  refer the matter to the Office of Inspector General of the US Department of Transportation for investigation; and/or  seek any other available contractual remedy. 218 000-1243L 1 06/2022 Special Provision to Item 000 Schedule of Liquidated Damages The dollar amount of daily contract administration Liquidated Damages per Working Day is $2,500.00 219 002-009L 1 04/2022 Special Provision to Item 2L Instructions to Bidders Item 2L, “Instructions to Bidders,” of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Article 2L.3., “Issuing Bid Documents,” second paragraph, is supplemented by the following. The Owner will not issue a proposal form if one or more of the following apply:  the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project but was deemed nonresponsive for failure to submit a DBE commitment as specified in Article 2L.13., “Disadvantaged Business Enterprise (DBE),” is prohibited from rebidding that specific project. Article 2L.7., “Nonresponsive Bid,” is supplemented by the following: The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered nonresponsive:  the Bidder failed to submit a DBE commitment as specified in Article 2L.13., “Disadvantaged Business Enterprise (DBE).” Article 2L.13., “Disadvantaged Business Enterprise (DBE),” is added. The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5 calendar days (as defined in 49 CFR Part 26, Subpart A) of bid opening. For a submission that meets the 5-day requirement, administrative corrections will be allowed. If the apparent low Bidder fails to submit their DBE information within the specified timeframe, the apparent low bidder will be deemed nonresponsive and the proposal guaranty will become the property of the Owner, not as a penalty, but as liquidated damages. The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the design of the work. The Owner may recommend:  reject all bids, or  award the Contract to the new apparent low Bidder, if the new apparent low Bidder submits DBE information within one calendar day of notification by the Owner. If the new apparent low Bidder is unable to submit the required DBE information within one calendar day:  the new apparent low Bidder will not be deemed nonresponsive,  the Bidder’s guaranty will not be forfeited,  the Owner will reject all bids, and  the Bidder will remain eligible to receive future proposals for the same project. 220 006-040L 1 11/2023 Special Provision to Item 6L Control of Materials Item 6L, “Control of Materials” of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 1.1. “Buy America.,” This section is voided and replaced by the following: 1.1. Buy America. Comply with the latest provisions of Build America, Buy America Act (BABA Act) of the Bipartisan Infrastructure Law and applicable CFR, which restrict funds being made available from Federal financial assistance programs unless all the iron products, steel products, manufactured products, and construction materials used in the project are produced in the United States. Use iron or steel products, manufactured products, or construction materials produced in the United States for all permanently installed materials and products except when defined in Section 1.1.5., “Buy America Exceptions.” A material is solely classified based on its status at the time it is brought to the work site as either an iron or steel product, construction material, manufactured product, or Section 70917(c) material. Refer to the Buy America Material Classification Sheet found at https://www.txdot.gov/business/resources/materials/buy- america-material-classification-sheet.html for additional clarification on material classification. 1.1.1. Iron or Steel. Iron or steel products means articles, materials, or supplies that consist of iron or steel or a combination of both. For iron or steel products, manufacturing includes any process that modifies the chemical content, physical shape or size, or final finish of a product. The manufacturing process begins with initial melting and mixing and continues through fabrication (cutting, drilling, welding, bending, etc.) and coating (paint, galvanizing, epoxy, etc.). For iron or steel products submit a notarized original FORM D-9-USA-1 (Department Form 1818) with the proper attachments for verification of compliance. 1.1.2. Section 70917(c) Materials. Section 70917(c) materials mean cement and cementitious material; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Section 70917(c) materials do not require domestic sourcing or Buy America certification. 1.1.3. Construction Materials. Construction materials are classified as articles, materials, or supplies that consist of only one of the items listed in bullets below. Minor additions (as determined by plans or Engineer) to any of the items listed is still a construction material.  non-ferrous metals,  plastic and polymer-based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables),  glass (including optic glass),  fiber optic cable (including drop cable),  optical fiber,  lumber,  engineered wood, or  drywall. 221 006-040L 2 11/2023 For construction materials, submit a Construction Material Buy America Certification Form (Department Form 2806) for verification of compliance that all manufacturing processes, as required, occurred in the United States. Each construction material has specific certification requirements stated below. Provide additional documentation as requested. Details shown on the plans provide additional clarification on Buy America requirements. For non-ferrous metals, certification requires all manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. For plastic and polymer-based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables), certification requires all manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States. For glass (including optic glass), certification requires all manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. For fiber optic cable (including drop cable), certification requires all manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others. For optical fiber, certification requires all manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. For lumber, certification requires all manufacturing processes, from initial debarking through treatment and planing, occurred in the United States. For engineered wood, certification requires all manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. For drywall, certification requires all manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. 1.1.4. Manufactured Products. Materials classified as a manufactured product are currently waived from Buy America requirements by an FHWA general waiver and are not required to be domestically sourced. However, iron or steel products incorporated into manufactured products must meet iron and steel compliance requirements. 1.1.5. Buy America Exceptions. Use of iron, steel, construction materials, and manufactured products manufactured in the United States is required unless the material meets an exception below.  A waiver exists exempting the material from Buy America compliance.  The total value of the non-compliant products (other than iron or steel products) is no more than the lesser of $1,000,000 or 5% of Total Applicable Costs for the project. Total Applicable Cost means the actual cost of all materials requiring Buy America compliance including iron, steel, or other materials that are within the scope of existing waivers. Contractor must provide documentation showing under threshold in advance for Engineer’s consideration.  The total value of foreign iron and steel products, including delivery, does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater. Contractor must provide documentation showing under threshold in advance for Engineer’s consideration.  Foreign steel may be allowed when the Contract contains an alternate item for a foreign source iron or steel product and the Contract is awarded based on the alternate item. 222 006-040L 3 11/2023  The materials are temporarily installed or are supplies, tools and equipment not incorporated into the project. Temporarily installed means the materials and products must be removed at the end of the project or may be removed at the contractor’s convenience with Engineers approval. 223 007-011L 1 04/2022 Special Provision to Item 7L Legal Relations and Responsibilities Item 7L, “Legal Relations and Responsibilities,” of the Standard Specifications is amended with respect to the clauses cited below. Section 1.5.2., “Flaggers,” the first paragraph is voided and replaced by the following: 1.5.2 Flaggers. Designate in writing, a flagger instructor who will serve as a flagging supervisor and is responsible for training and assuring that all flaggers are qualified to perform flagging duties. Certify to the Engineer that all flaggers will be trained and make available upon request a list of flaggers trained to perform flagging duties. Section 1.5.5., “Training,” is voided and replaced by the following: 1.5.5 Training. Train workers involved with the traffic control using Department-approved training as shown on the “Traffic Control Training” Material Producer List. Coordinate enrollment, pay associated fees, and successfully complete Department-approved training or Contractor-developed training. Training is valid for the period prescribed by the provider. Except for law enforcement personnel training, refresher training is required every 4 yr. from the date of completion unless otherwise specified by the course provider. The Engineer may require training at a frequency instead of the period prescribed based on the Department’s needs. Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items. Certify to the Engineer that workers involved in traffic control and other work zone personnel have been trained and make available upon request a copy of the certification of completion to the Engineer. Ensure the following is included in the certification of completion: name of provider and course title, name of participant, date of completion, and date of expiration. Where Contractor-developed training or a Department-approved training course does not produce a certification, maintain a log of attendees. Make the log available upon request. Ensure the log is legible and includes the following: printed name and signature of participant, name and title of trainer, and date of training. 1.5.5.1. Contractor-developed Training. Develop and deliver Contractor-developed training meeting the minimum requirements established by the Department. The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting. The CRP or designated alternate may deliver the training instead of the Department-approved training. The work performed and materials furnished to develop and deliver the training will not be measured or paid for directly but will be considered subsidiary to pertinent Items. 1.5.5.1.1. Flagger Training Minimum Requirements. A Contractor’s certified flagging instructor is permitted to train other flaggers. 224 007-011L 2 04/2022 1.5.5.1.2. Optional Contractor-developed Training for Other Work Zone Personnel. For other work zone personnel, the Contractor may provide training meeting the curriculum shown below instead of Department-approved training. Minimum curriculum for Contractor-provided training is as follows: Contractor-developed training must provide information on the use of personnel protection equipment, occupational hazards and health risks, and other pertinent topics related to traffic management. The type and amount of training will depend on the job duties and responsibilities. Develop training applicable to the work being performed. Develop training to include the following topics. The Life You Save May Be Your Own (or other similar company safety motto). Purpose of the training. It’s the Law. To make work zones safer for workers and motorist. To understand what is needed for traffic control. To save lives including your own. Personal and Co-Worker Safety. High Visibility Safety Apparel. Discuss compliant requirements; inspect regularly for fading and reduced reflective properties; if night operations are required, discuss the additional and appropriate required apparel in addition to special night work risks; if moving operations are underway, discuss appropriate safety measures specific to the situation and traffic control plan. Blind Areas. A blind area is the area around a vehicle or piece of construction equipment not visible to the operators, either by line of sight or indirectly by mirrors. Discuss the “Circle of Safety” around equipment and vehicles; use of spotters; maintain eye contact with equipment operators; and use of hand signals. Runovers and Backovers. Remain alert at all times; keep a safe distance from traffic; avoid turning your back to traffic and if you must then use a spotter; and stay behind protective barriers, whenever possible. Note: It is not safe to sit on or lean against a concrete barrier, these barriers can deflect four plus feet when struck by a vehicle. Look out for each other, warn co-workers. Be courteous to motorists. Do not run across active roadways. Workers must obey traffic laws and drive courteously while operating vehicles in the work zones. Workers must be made aware of company distracted driving policies. Night Time Operations. Focus should be placed on projects with a nighttime element. Traffic Control Training. Basics of Traffic Control. Identify work zone traffic control supervisor and other appropriate persons to report issues to when they arise. Emphasize that work zone traffic control devices must be in clean and in undamaged condition. If devices have been hit but not damaged, put back in their correct place and report to traffic control supervisor. If devices have been damaged, replace with new one and report to traffic control supervisor. If devices are dirty, faded or have missing or damaged reflective tape clean or replace and report to traffic control supervisor. Show examples of non-acceptable device conditions. Discuss various types of traffic control devices to be used and where spacing requirements can be found. Channelizing Devices and Barricades with Slanted Stripes. Stripes are to slant in the direction you want traffic to stay or move to; demonstrate this with a device. Traffic Queuing. Workers must be made aware of traffic queuing and the dangers created by it. Workers must be instructed to immediately notify the traffic control supervisor and other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limits. 225 007-011L 3 04/2022 Signs. Signs must be straight and not leaning. Report problems to the traffic control supervisor or other as designated for immediate repair. Covered signs must be fully covered. If covers are damaged or out of place, report to traffic control supervisor or other as designated. 226 009-011L Special Provision to Item 9L Measurement and Payment Item 9, “Measurement and Payment” of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 7.1.4.3., “Standby Equipment Costs,” is voided and replaced by the following: 7.1.4.3.Standby Equipment Costs. Payment for standby equipment will be made in accordance with Section 9L.7.1.4., “Equipment,” except that the 15% markup will not be allowed and that: Section 7.1.4.3.1., “Contractor-Owned Equipment,” is voided and replaced by the following: 7.1.4.3.1. Contractor-Owned Equipment. For Contractor-owned equipment: Standby will be paid at 50% of the monthly Equipment Watch rate after the regional and age adjustment factors have been applied. Operating costs will not be allowed. Calculate the standby rate as follows. Standby rate = (FHWA hourly rate - operating costs) × 50% If an hourly rate is needed, divide the monthly Equipment Watch rate by 176. No more than 8 hr. of standby will be paid during a 24-hr. day period, nor more than 40 hr. per week. Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 1 04/2022 227 506-001L 1 04/2022 Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls For this project, item 506, “Temporary Erosion, Sedimentation, and Environmental Controls,” of the standard specifications, is hereby voided and replaced with the following. 1.DESCRIPTION Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) in the plans and the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000. 2.MATERIALS Furnish materials in accordance with the following:  Item 161, “Compost”  Item 432, “Riprap”  Item 556, “Pipe Underdrains” 2.1.Rock Filter Dams. 2.1.1.Aggregate. Furnish aggregate with hardness, durability, cleanliness, and resistance to crumbling, flaking, and eroding acceptable to the Owner. Provide the following:  Types 1, 2, and 4 Rock Filter Dams. Use 3 to 6 in. aggregate.  Type 3 Rock Filter Dams. Use 4 to 8 in. aggregate. 2.1.2.Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams. Type 4 dams require:  a double-twisted, hexagonal weave with a nominal mesh opening of 2-1/2 in. × 3-1/4 in.;  minimum 0.0866 in. steel wire for netting;  minimum 0.1063 in. steel wire for selvages and corners; and  minimum 0.0866 in. for binding or tie wire. 2.1.3.Sandbag Material. Furnish sandbags meeting Section 506.2.8., “Sandbags,” except that any gradation of aggregate may be used to fill the sandbags. 2.2.Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing, watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections that conform to the plans. Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432, “Riprap.” 2.3.Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable non-erodible material that conforms to the plans. Provide rock or rubble with a minimum diameter of 6 in. and a maximum volume of 1/2 cu. ft. for the construction of energy dissipaters. 228 506-001L 2 04/2022 2.4.Construction Exits. Provide materials that meet the details shown on the plans and this Section. 2.4.1.Rock Construction Exit. Provide crushed aggregate for long- and short-term construction exits. Furnish aggregates that are clean, hard, durable, and free from adherent coatings such as salt, alkali, dirt, clay, loam, shale, soft or flaky materials, and organic and injurious matter. Use 4- to 8-in. aggregate for Type 1. Use 2- to 4-in. aggregate for Type 3. 2.4.2.Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-term construction exits, free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. Provide plywood or pressed wafer board at least 1/2 in. thick for short-term exits. 2.4.3.Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic cement concrete, or other materials as shown on the plans or directed. 2.5.Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a stable embankment to meet the intended use. 2.6.Pipe. Provide pipe outlet material in accordance with Item 556, “Pipe Underdrains,” and details shown on the plans. 2.7.Construction Perimeter Fence. 2.7.1.Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts with a minimum diameter of 3 in., or use nominal 2 × 4 in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 × 1-1/5 in. Furnish T- or L-shaped steel posts with a minimum weight of 0.5 lb. per foot. 2.7.2.Fence. Provide orange construction fencing as approved. 2.7.3.Fence Wire. Provide 11 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie wire. 2.7.4.Flagging. Provide brightly-colored flagging that is fade-resistant and at least 3/4 in. wide to provide maximum visibility both day and night. 2.7.5.Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long. 2.7.6.Used Materials. Previously used materials meeting the applicable requirements may be used if approved. 2.8.Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 oz. per square yard, a Mullen burst-strength exceeding 300 psi, and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled sandbags must be 24 to 30 in. long, 16 to 18 in. wide, and 6 to 8 in. thick. Table 1 Sand Gradation Sieve # Retained (% by Weight) 4 Maximum 3% 100 Minimum 80% 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic. The aggregate size shall not exceed 3/8 in. 229 506-001L 3 04/2022 2.9.Temporary Sediment Control Fence. Provide a net-reinforced fence using woven geo-textile fabric. Logos visible to the traveling public will not be allowed. 2.9.1.Fabric. Provide fabric materials in accordance with DMS-6230, “Temporary Sediment Control Fence Fabric.” 2.9.2.Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise shown on the plans. Furnish soft wood posts at least 3 in. in diameter, or use nominal 2 × 4 in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 × 1-1/2 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.3 lb. per foot. 2.9.3.Net Reinforcement. Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh, with a maximum opening size of 2 × 4 in., at least 24 in. wide, unless otherwise shown on the plans. 2.9.4.Staples. Provide staples with a crown at least 3/4 in. wide and legs 1/2 in. long. 2.9.5.Used Materials. Use recycled material meeting the applicable requirements if approved. 2.10.Biodegradable Erosion Control Logs. 2.10.1.Core Material. Furnish core material that is biodegradable or recyclable. Use compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material unless specifically called out on the plans. Permit no more than 5% of the material to escape from the containment mesh. Furnish compost meeting the requirements of Item 161, “Compost.” 2.10.2.Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable, or recyclable such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3.Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff containment mesh densely so logs do not deform. 3.CONSTRUCTION 3.1.Contractor Responsibilities. Implement the Owner’s Storm Water Pollution Prevention Plan (SWP3) for the project in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed by the Owner. Develop and implement an SWP3 for project-specific material supply plants within and outside of the Owner’s right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 3.2.General. 3.2.1.Phasing. Implement control measures in the area to be disturbed before beginning construction, or as directed. Limit the disturbance to the area shown on the plans or as directed. If, in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations, the Owner will limit the disturbed area to that which the Contractor is able to control. Minimize disturbance to vegetation. 3.2.2.Maintenance. Immediately correct ineffective control measures. Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. 230 506-001L 4 04/2022 3.2.3. Stabilization. Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit. Establish a uniform vegetative cover. The project will not be accepted until a 70% density of existing adjacent undisturbed areas is obtained, unless otherwise shown on the plans. When shown on the plans, the Owner may accept the project when adequate controls are in place that will control erosion, sedimentation, and water pollution until sufficient vegetative cover can be established. 3.2.4. Finished Work. Upon acceptance of vegetative cover, remove and dispose of all temporary control measures, temporary embankments, bridges, matting, falsework, piling, debris, or other obstructions placed during construction that are not a part of the finished work, or as directed. 3.2.5. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on-site to prevent actual or potential water pollution. Manage, control, and dispose of litter on-site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only as described in the TPDES General Permit TXR150000. Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e. dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law. 3.3. Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, according to manufacturers’ guidelines, and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner. . If a device ceases to function as intended, repair or replace the device or portions thereof as necessary. Remove sediment, debris, and litter. When approved, sediments may be disposed of within embankments, or in the right of way in areas where the material will not contribute to further siltation. Dispose of removed material in accordance with federal, state, and local regulations. Remove devices upon approval or as directed. Finish-grade and dress the area upon removal. Stabilize disturbed areas in accordance with the permit, and as shown on the plans or directed. Materials removed are considered consumed by the project. Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 3.3.1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor’s option. Place the aggregate to the lines, height, and slopes specified, without undue voids for Types 1, 2, 3, and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties, or hog rings for Types 2 and 3, or as directed. Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams according to the following criteria unless otherwise shown on the plans: 3.3.1.1. Type 1 (Non-reinforced). 3.3.1.1.1. Height. At least 18 in. measured vertically from existing ground to top of filter dam. 3.3.1.1.2. Top Width. At least 2 ft. 3.3.1.1.3. Slopes. No steeper than 2:1. 3.3.1.2. Type 2 (Reinforced). 231 506-001L 5 04/2022 3.3.1.2.1. Height. At least 18 in. measured vertically from existing ground to top of filter dam. 3.3.1.2.2. Top Width. At least 2 ft. 3.3.1.2.3. Slopes. No steeper than 2:1. 3.3.1.3. Type 3 (Reinforced). 3.3.1.3.1. Height. At least 36 in. measured vertically from existing ground to top of filter dam. 3.3.1.3.2. Top Width. At least 2 ft. 3.3.1.3.3. Slopes. No steeper than 2:1. 3.3.1.4. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. Connect the sides by lacing in a single loop–double loop pattern on 4- to 5-in. spacing for vertical filling. Pull the end lacing rod at one end until tight, wrap around the end, and twist 4 times. Fill with stone at the filling end, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires 4 times. Place the sack flat in a filling trough, fill with stone, connect sides, and secure ends as described above for horizontal filling. Lift and place without damaging the gabion. Shape sack gabions to existing contours. 3.3.1.5. Type 5. Provide rock filter dams as shown on the plans. 3.3.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, “Riprap,” when designated on the plans. 3.3.3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above, to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed. 3.3.4. Construction Exits. Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits when tracking conditions exist. Construct exits for either long- or short-term use. 3.3.4.1. Long-Term. Place the exit over a foundation course as required. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed. 3.3.4.1.1. Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed. 3.3.4.1.2. Type 2. Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short-Term. 232 506-001L 6 04/2022 3.3.4.2.1. Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical. 3.3.4.2.2. Type 4. Construct as shown on the plans or as directed. 3.3.5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 3.3.5.1. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin, where required, providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas. 3.3.5.2. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. 3.3.6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed. 3.3.6.1. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft. 3.3.6.2. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire. 3.3.6.3. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot. 3.3.7. Sandbags for Erosion Control. Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 3.3.8. Temporary Sediment-Control Fence. Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion-control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as specified in this Section, or as directed. 3.3.8.1. Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6 to 8 ft. and install on a slight angle toward the runoff source. 3.3.8.2. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in. of fabric. Provide a minimum trench cross-section of 6 × 6 in. Place the fabric against the side of the trench and align approximately 2 in. of fabric along the bottom in the upstream direction. Backfill the trench, then hand-tamp. 3.3.8.3. Fabric and Net Reinforcement Attachment. Attach the reinforcement to wooden posts with staples, or to steel posts with T-clips, in at least 4 places equally spaced unless otherwise shown on the plans. Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in. or less. 233 506-001L 7 04/2022 3.3.8.4. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least 6 places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment-control fence include the following:  fabric with minimal or no visible signs of biodegradation (weak fibers),  fabric without excessive patching (more than 1 patch every 15 to 20 ft.),  posts without bends, and  backing without holes. 3.3.9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align, and locate the biodegradable erosion control logs as specified below, as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events, prevent damage to the logs, and to the satisfaction of the Owner such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor’s expense. 3.3.10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in. long × 2 to 4 in. wide × 1/2 to 2 in. deep. Do not exceed 12 in. between track impressions. Install continuous linear track impressions where the 12 in. length impressions are perpendicular to the slope. Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 4.1. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard. The measured volume will include sandbags, when used. 4.1.1. Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the centerline of the top of the dam. 4.1.2. Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based on the volume of rock computed by the method of average end areas. 4.1.2.1. Installation. Measurement will be made in final position. 4.1.2.2. Removal. Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot. 4.3. Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 4.4. Construction Exits. Construction exits will be measured by the square yard of surface area. 4.5. Earthwork for Erosion and Sediment Control. 4.5.1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 4.5.2. Volume Measurement. 234 506-001L 8 04/2022 4.5.2.1. In Place. 4.5.2.1.1. Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 4.5.2.1.2. Embankment. Embankment will be measured by the cubic yard in its final position by the method of average end areas. The volume of embankment will be determined between:  the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and  the lines, grades and slopes of the accepted embankment for the feature. 4.5.2.2. In Vehicles. Excavation and embankment quantities will be combined and paid for under “Earthwork (Erosion and Sediment Control, In Vehicle).” Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4.6. Construction Perimeter Fence. Construction perimeter fence will be measured by the foot. 4.7. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 4.8. Temporary Sediment-Control Fence. Installation or removal of temporary sediment-control fence will be measured by the foot. 4.9. Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 4.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 5. PAYMENT The following will not be paid for directly but are subsidiary to pertinent Items:  erosion-control measures for Contractor project-specific locations (PSLs) inside and outside the right of way (such as construction and haul roads, field offices, equipment and supply areas, plants, and material sources);  removal of litter, unless a separate pay item is shown on the plans;  repair to devices and features damaged by Contractor operations;  added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and failure to install permanent controls;  removal and reinstallation of devices and features needed for the convenience of the Contractor;  finish grading and dressing upon removal of the device; and  minor adjustments including but not limited to plumbing posts, reattaching fabric, minor grading to maintain slopes on an erosion embankment feature, or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1. Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows: 235 506-001L 9 04/2022 5.1.1. Installation. Installation will be paid for as “Rock Filter Dams (Install)” of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 5.1.2. Removal. Removal will be paid for as “Rock Filter Dams (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. When the Owner directs that the rock filter dam installation or portions thereof be replaced, payment will be made at the unit price bid for “Rock Filter Dams (Remove)” and for “Rock Filter Dams (Install)” of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 5.2. Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Temporary Pipe Slope Drains” of the size specified. This price is full compensation for furnishing materials, removal and disposal, furnishing and operating equipment, labor, tools, and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the pipe slope drain installation or portions thereof be replaced, payment will be made at the unit price bid for “Temporary Pipe Slope Drains” of the size specified, which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation, including construction of the sediment trap, will be measured and paid for under “Earthwork for Erosion and Sediment Control.” Riprap concrete or stone, when used as an energy dissipater or as a stabilized sediment trap, will be measured and paid for in accordance with Item 432, “Riprap.” 5.3. Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Temporary Paved Flume (Install)” or “Temporary Paved Flume (Remove).” This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals. When the Owner directs that the paved flume installation or portions thereof be replaced, payment will be made at the unit prices bid for “Temporary Paved Flume (Remove)” and “Temporary Paved Flume (Install).” These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor, tools, and incidentals. Earthwork required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under “Earthwork for Erosion and Sediment Control.” 5.4. Construction Exits. Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” for construction exits needed on right of way access to work areas required by the Owner will be paid for at the unit price bid for “Construction Exits (Install)” of the type specified or “Construction Exits (Remove).” This price is full compensation for furnishing and placing materials, excavating, removal and disposal, cleaning vehicles, labor, tools, and incidentals. When the Owner directs that a construction exit or portion thereof be removed and replaced, payment will be made at the unit prices bid for “Construction Exit (Remove)” and “Construction Exit (Install)” of the type specified. These prices are full compensation for the removal and replacement of the construction exit and for equipment, labor, tools, and incidentals. 236 506-001L 10 04/2022 Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under “Earthwork for Erosion and Sediment Control.” 5.5. Earthwork for Erosion and Sediment Control. 5.5.1. Initial Earthwork for Erosion and Sediment Control. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Excavation (Erosion and Sediment Control, In Place),” “Embankment (Erosion and Sediment Control, In Place),” “Excavation (Erosion and Sediment Control, In Vehicle),” “Embankment (Erosion and Sediment Control, (In Vehicle),” or “Earthwork (Erosion and Sediment Control, In Vehicle).” This price is full compensation for excavation and embankment including hauling, disposal of material not used elsewhere on the project; embankments including furnishing material from approved sources and construction of erosion-control features; and equipment, labor, tools, and incidentals. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 5.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid under a Contractor Force Account Item from invoice provided to the Owner. This price is full compensation for excavation, embankment, and re-grading including removal of accumulated sediment in various erosion control installations as directed, hauling, and disposal of material not used elsewhere on the project; excavation for construction of erosion-control features; embankments including furnishing material from approved sources and construction of erosion-control features; and equipment, labor, tools, and incidentals. Earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 5.6. Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Construction Perimeter Fence.” This price is full compensation for furnishing and placing the fence; digging, fence posts, wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for “Construction Perimeter Fence,” which is full compensation for the removal and reinstallation of the construction perimeter fence. 5.7. Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for “Sandbags for Erosion Control” (of the height specified when measurement is by the foot). This price is full compensation for materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for “Sandbags for Erosion Control,” which is full compensation for the reinstallation of the sandbags. 5.8. Temporary Sediment-Control Fence. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows: 237 506-001L 11 04/2022 5.8.1. Installation. Installation will be paid for as “Temporary Sediment-Control Fence (Install).” This price is full compensation for furnishing and operating equipment finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 5.8.2. Removal. Removal will be paid for as “Temporary Sediment-Control Fence (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 5.9. Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows: 5.9.1. Installation. Installation will be paid for as “Biodegradable Erosion Control Logs (Install)” of the size specified. This price is full compensation for furnishing and operating equipment finish backfill and grading, staking, proper disposal, labor, materials, tools, and incidentals. 5.9.2. Removal. Removal will be paid for as “Biodegradable Erosion Control Logs (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 5.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 238 1 FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I.GeneralII.NondiscriminationIII.Non-segregated FacilitiesIV.Davis-Bacon and Related Act ProvisionsV.Contract Work Hours and Safety Standards ActProvisionsVI.Subletting or Assigning the ContractVII.Safety: Accident PreventionVIII.False Statements Concerning Highway ProjectsIX.Implementation of Clean Air Act and Federal WaterPollution Control ActX.Certification Regarding Debarment, Suspension,Ineligibility and Voluntary ExclusionXI.Certification Regarding Use of Contract Funds forLobbyingXII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for AppalachianDevelopment Highway System or Appalachian Local AccessRoad Contracts (included in Appalachian contracts only) I. GENERAL 1.Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under title 23, United StatesCode, as required in 23 CFR 633.102(b) (excludingemergency contracts solely intended for debris removal). Thecontractor (or subcontractor) must insert this form in eachsubcontract and further require its inclusion in all lower tiersubcontracts (excluding purchase orders, rental agreementsand other agreements for supplies or services). 23 CFR633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the followingsections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in theseRequired Contract Provisions may be sufficient grounds forwithholding of progress payments, withholding of finalpayment, termination of the contract, suspension / debarmentor any other action determined to be appropriate by thecontracting agency and FHWA. 4. Selection of Labor: During the performance of this contract,the contractor shall not use convict labor for any purposewithin the limits of a construction project on a Federal-aidhighway unless it is labor performed by convicts who are onparole, supervised release, or probation. 23 U.S.C. 114(b).The term Federal-aid highway does not include roadwaysfunctionally classified as local roads or rural minor collectors.23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 239 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 240 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 241 4 (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 242 5 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 243 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. 244 7 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 245 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 246 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; 247 10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." 248 11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 249 12 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 250 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 251 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 252 CLASS. # CLASSIFICATION DESCRIPTIONZONETX02*(TX20240002)ZONETX03*(TX20240003)ZONETX04*(TX20240004)ZONETX05*(TX20240005)ZONETX06*(TX20240006)ZONETX07*(TX20240007)ZONETX08*(TX20240008)ZONE TX24*(TX20240024)ZONETX25*(TX20240025)ZONETX27*(TX20240027)ZONETX28*(TX20240028)ZONETX29*(TX20240029)ZONETX30*(TX20240030)ZONETX37*(TX20240037)ZONETX38*(TX20240038)ZONETX42*(TX20240042)1428 Agricultural Tractor Operator$12.69 $12.35 $11.751300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.72 $15.58 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 $14.25 $14.03 $13.75 $14.06 $14.401303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.05 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 $13.44 $12.53 $14.00 $14.32 $12.991106 Asphalt Raker $12.28 $10.61 $12.02 $14.21 $11.65 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 $11.67 $11.40 $12.59 $12.36 $11.781112 Batching Plant Operator, Asphalt1115 Batching Plant Operator, Concrete1214 Blaster1615 Boom Truck Operator$18.361444 Boring Machine Operator1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.99 $11.04 $11.62 $11.74 $11.41 $10.30 $10.23 $10.60 $12.68 $11.051144 Communications Cable Installer1124Concrete Finisher, Paving andStructures$13.55 $12.46 $13.16 $12.85 $12.64 $12.56 $12.77 $12.44 $14.12 $13.04 $13.38 $12.64 $12.80 $12.79 $12.98 $13.321318Concrete Pavement Finishing Machine Operator$16.05 $15.48 $16.05 $19.31 $13.071315Concrete Paving, Curing, Float, Texturing Machine Operator$16.34 $11.711333 Concrete Saw Operator $14.67 $14.48 $17.33 $13.991399 Concrete/Gunite Pump Operator1344Crane Operator, Hydraulic 80 tonsor less$18.22 $18.36 $18.12 $18.04 $20.21 $18.63 $13.861345Crane Operator, Hydraulic Over80 Tons1342Crane Operator, Lattice Boom 80 Tons or Less$16.82 $14.39 $13.85 $17.27 $15.87 $17.27 $14.67 $16.42 $14.97 $13.871343Crane Operator, Lattice Boom Over 80 Tons$20.52 $19.38 $20.52 $17.49 $25.13 $15.801306 Crawler Tractor Operator $13.96 $16.63 $13.62 $14.26 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.501351 Crusher or Screen Plant Operator1446 Directional Drilling Locator$11.671445 Directional Drilling Operator$20.32 $17.241139 Electrician $20.96 $19.87 $19.80 $26.35 $20.27 $19.80 $20.92 $27.11 $19.871347Excavator Operator, 50,000pounds or less$13.46 $12.56 $13.67 $17.19 $12.88 $14.38 $13.49 $17.19 $13.88 $14.09 $12.71 $14.421348Excavator Operator, Over 50,000pounds$15.23 $13.52 $17.04 $17.71 $16.99 $18.80 $16.22 $14.53 $13.521150 Flagger $9.30 $9.10 $8.50 $10.28 $8.81 $9.45 $8.70 $10.06 $9.71 $9.03 $8.81 $9.08 $9.90 $10.33 $8.101151 Form Builder/Setter, Structures $13.52 $12.30 $13.38 $12.91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13.07 $13.61 $12.82 $14.73 $12.23 $12.251160 Form Setter, Paving & Curb $12.36 $12.16 $13.93 $11.83 $10.71 $12.94 $13.16 $12.54 $11.33 $10.69 $13.33 $12.34 $13.931360Foundation Drill Operator, Crawler Mounted $17.99 $17.99$17.431363Foundation Drill Operator,Truck Mounted$16.86 $22.05 $21.51 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89 $22.051369Front End Loader Operator,3 CY or Less$12.28 $13.49 $13.40 $13.85 $13.04 $13.15 $13.29 $13.69 $12.64 $12.89 $13.51 $13.32 $12.171372Front End Loader Operator,Over 3 CY$12.77 $13.69 $12.33 $14.96 $13.21 $12.86 $13.57 $14.72 $13.75 $12.32 $13.19 $13.17 $13.021329 Joint Sealer1172 Laborer, Common $10.30 $9.86 $10.08 $10.51 $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 $10.25 $10.03 $10.54 $11.02 $10.151175 Laborer, Utility$11.80 $11.53 $12.70 $12.17 $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 $11.23 $11.50 $11.95 $11.73 $12.371346 Loader/Backhoe Operator $14.18 $12.77 $12.97 $15.68 $14.12 $15.18 $13.58 $12.87 $13.21 $14.13 $14.29 $12.901187 Mechanic $20.14 $15.47 $17.47 $17.74 $17.00 $17.10 $17.68 $18.94 $18.58 $17.00 $16.61 $18.46 $16.96 $17.47The wage rates listed herein are those predetermined by the Secretary of Labor and State Statue and listed in the United States Department of Labor's (USDOL) General Decisions dated 01-05-2024 and are the minimum wages to be paid accordingly for each specified classification. To determine the applicable wage rate zone, a list entitled "TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES" is provided in the contract. Any wage rate that is not listed herein and not in the USDOL's general decision, must be requested by the contractor through the completion of an Additional Classification and Wage Rate Request and be submitted for approval. IMPORTANT NOTICE FOR STATE PROJECTS: only the controlling wage rate zone applies to the contract. Effective 01-05-2024.253 CLASS. # CLASSIFICATION DESCRIPTIONZONETX02*(TX20240002)ZONETX03*(TX20240003)ZONETX04*(TX20240004)ZONETX05*(TX20240005)ZONETX06*(TX20240006)ZONETX07*(TX20240007)ZONETX08*(TX20240008)ZONE TX24*(TX20240024)ZONETX25*(TX20240025)ZONETX27*(TX20240027)ZONETX28*(TX20240028)ZONETX29*(TX20240029)ZONETX30*(TX20240030)ZONETX37*(TX20240037)ZONETX38*(TX20240038)ZONETX42*(TX20240042)1380 Milling Machine Operator$15.54 $14.64 $12.22 $14.29 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $12.801390Motor Grader Operator,Fine Grade$17.49 $16.52 $16.88 $17.12 $18.37 $18.51 $16.69 $16.13 $17.19 $18.35 $17.07 $17.74 $17.47 $17.08 $15.69 $20.011393 Motor Grader Operator, Rough $16.15 $14.62 $15.83 $16.20 $17.07 $14.63 $18.50 $16.02 $16.44 $15.12 $16.85 $14.47 $17.39 $14.23 $15.531413 Off Road Hauler $10.08 $12.26 $11.88 $12.25 $12.23 $13.00 $14.601196 Painter, Structures$21.29 $18.34$21.29 $18.621396Pavement Marking MachineOperator$16.42 $13.10 $13.55 $19.17 $12.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18 $13.101443Percussion or Rotary Drill Operator1202 Piledriver$14.951205 Pipelayer $11.87 $14.64 $13.17 $11.17 $12.79 $11.37 $13.24 $12.66 $13.24 $11.17 $11.67 $12.12 $14.641384 Reclaimer/Pulverizer Operator $12.85 $11.90 $12.88 $11.01 $10.461500 Reinforcing Steel Worker $13.50 $14.07 $17.53 $16.17 $14.00 $16.18 $12.74 $15.83 $17.10 $15.15 $17.721402 Roller Operator, Asphalt $10.95 $11.96 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.501405 Roller Operator, Other $10.36 $10.44 $11.82 $10.50 $11.64 $11.51 $10.59 $10.30 $12.04 $12.85 $11.57 $10.661411 Scraper Operator $10.61 $11.07 $10.85 $12.88 $12.27 $11.12 $12.96 $11.88 $12.43 $11.22 $13.95 $13.47 $10.891417 Self-Propelled Hammer Operator1194 Servicer $13.98 $12.34 $14.11 $14.74 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 $12.43 $13.72 $13.97 $14.111513 Sign Erector1708Slurry Seal or Micro-Surfacing Machine Operator1341 Small Slipform Machine Operator$15.961515 Spreader Box Operator$12.60$13.12 $14.71$14.04$14.73 $13.84 $13.68$13.45 $11.83 $13.58 $14.051705 Structural Steel Welder$12.851509 Structural Steel Worker$19.29$14.391339 Subgrade Trimmer1143 Telecommunication Technician1145 Traffic Signal/Light Pole Worker$16.001440Trenching Machine Operator,Heavy$18.481437Trenching Machine Operator,Light1609 Truck Driver Lowboy-Float$14.46 $13.63 $13.41 $15.00 $15.93 $15.66$16.24 $16.39 $14.30 $16.62 $15.63 $14.28 $16.03 $13.411612 Truck Driver Transit-Mix$14.14$14.141600 Truck Driver, Single Axle$12.74 $10.82 $10.75 $13.04 $11.61 $11.79 $13.53 $13.16 $12.31 $13.40 $10.30 $11.61$11.97 $11.46 $10.751606Truck Driver, Single or Tandem Axle Dump Truck$11.33 $14.53 $11.95 $12.95 $11.68 $14.06 $12.62 $11.45 $12.28 $13.08 $11.68 $11.48 $11.101607Truck Driver, Tandem Axle Tractor withSemi Trailer$12.49 $12.12 $12.50 $13.42 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27 $12.501441Tunneling Machine Operator,Heavy1442 Tunneling Machine Operator, Light1706 Welder$14.02$14.86$15.97$13.74 $14.84$13.781520 Work Zone Barricade Servicer$10.30 $12.88 $11.46 $11.70$11.57 $11.85 $10.77$11.68 $12.20 $11.22 $11.51 $12.96 $10.54 $11.67 $11.76Notes:*Represents the USDOL wage decision.Any worker employed on this project shall be paid at the 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.For reference, the titles and descriptions for the classifications listed here are detailed further in the AGC of Texas’ Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas posted on the AGC's Web site for any contractor.254 TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES: 2, 3, 4, 5, 6, 7, 8, 24, 25, 27, 28, 29, 30, 37, 38, 42 County Name Zone County Name Zone County Name Zone County Name Zone Anderson 28 Donley 37 Karnes 27 Reagan 37Andrews37Duval30Kaufman25Real37Angelina28Eastland37Kendall7Red River 28 Aransas 29 Ector 2 Kenedy 30 Reeves 8Archer25Edwards8Kent37Refugio27Armstrong2El Paso 24 Kerr 27 Roberts 37Atascosa7Ellis25Kimble37Robertson7Austin38Erath28King37Rockwall25 Bailey 37 Falls 28 Kinney 8 Runnels 37Bandera7Fannin28Kleberg27Rusk4Bastrop7Fayette27Knox37Sabine28Baylor37Fisher37Lamar28San Augustine 28Bee27Floyd37Lamb37San Jacinto 38 Bell 7 Foard 37 Lampasas 7 San Patricio 29Bexar7Fort Bend 38 LaSalle 30 San Saba 37Blanco27Franklin28Lavaca27Schleicher37Borden37Freestone28Lee27Scurry37Bosque28Frio27Leon28Shackelford37 Bowie 4 Gaines 37 Liberty 38 Shelby 28Brazoria38Galveston38Limestone28Sherman37Brazos7Garza37Lipscomb37Smith4Brewster8Gillespie27Live Oak 27 Somervell 28Briscoe37Glasscock37Llano27Starr30 Brooks 30 Goliad 29 Loving 37 Stephens 37Brown37Gonzales27Lubbock2Sterling37Burleson7Gray37Lynn37Stonewall37Burnet27Grayson25Madison28Sutton8Caldwell7Gregg4Marion28Swisher37 Calhoun 29 Grimes 28 Martin 37 Tarrant 25Callahan25Guadalupe7Mason27Taylor2Cameron3Hale37Matagorda27Terrell8Camp28Hall37Maverick30Terry37Carson2Hamilton28McCulloch37Throckmorton37 Cass 28 Hansford 37 McLennan 7 Titus 28Castro37Hardeman37McMullen30Tom Green 2Chambers38Hardin38Medina7Travis7Cherokee28Harris38Menard37Trinity28Childress37Harrison42Midland2Tyler28 Clay 25 Hartley 37 Milam 28 Upshur 4Cochran37Haskell37Mills37Upton37Coke37Hays7Mitchell37Uvalde30Coleman37Hemphill37Montague37Val Verde 8Collin25Henderson28Montgomery38Van Zandt 28 Collingsworth 37 Hidalgo 3 Moore 37 Victoria 6Colorado27Hill28Morris28Walker28Comal7Hockley37Motley37Waller38Comanche37Hood28Nacogdoches28Ward37Concho37Hopkins28Navarro28Washington28 Cooke 37 Houston 28 Newton 28 Webb 3Coryell7Howard37Nolan37Wharton27Cottle37Hudspeth8Nueces29Wheeler37Crane37Hunt25Ochiltree37Wichita5Crockett8Hutchinson37Oldham37Wilbarger37Crosby2Irion2Orange38Willacy30Culberson8Jack28Palo Pinto 28 Williamson 7Dallam37Jackson27Panola28Wilson7Dallas25Jasper28Parker25Winkler37Dawson37Jeff Davis 8 Parmer 37 Wise 25Deaf Smith 37 Jefferson 38 Pecos 8 Wood 28Delta25Jim Hogg 30 Polk 28 Yoakum 37Denton25Jim Wells 27 Potter 2 Young 37DeWitt27Johnson25Presidio8Zapata30Dickens37Jones25Rains28Zavala30Dimmit30Randall2 01/05/2024255 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with the awarding of any Federalgrant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment or modification of any Federalcontract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of anyagency, a Member of Congress, an officer or employee of Congress, or an employee of aMember of Congress in connection with this Federal contract, grant, loan, or cooperativeagreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosureof Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included inthe award documents of all sub-awards at all tiers (including subcontracts, sub-grants,and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: Street address: City, State, Zip: CERTIFIED BY:(type or print) TITLE: (signature) (date) 256 Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1.Type of Federal Action: a. contract ____ b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2.Status of Federal Action: a. bid/offer/application _____ b. initial award c. post-award 3.Report Type: a. initial filing _____ b. material change For material change only: Year _______ quarter _______ Date of last report___________ 4.Name and Address of Reporting Entity: ____ Prime _____ Subawardee Tier______, if Known: Congressional District, if known: 5.If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 6. Federal Department/Agency:7. Federal Program Name/Description: CFDA Number, if applicable: __________________ 8. Federal Action Number, if known:9.Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: __________________________________ Print Name:_________________________________ Title:______________________________________ Telephone No.: ________________ Date: _______ Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) 257 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, atthe initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to anylobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with acovered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influencethe outcome of a covered Federal action. 2.Identify the status of the covered Federal action. 3.Identify the appropriate classification of this report. If this is a followup report caused by a material changeto the information previously reported, enter the year and quarter in which the change occurred. Enter thedate of the last previously submitted report by this reporting entity for this covered Federal action. 4.Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District,if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be,a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime isthe 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards undergrants. 5.If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city,State and zip code of the prime Federal recipient. Include Congressional District, if known. 6.Enter the name of the federal agency making the award or loan commitment. Include at least oneorganizational level below agency name, if known. For example, Department of Transportation, UnitedStates Coast Guard. 7.Enter the Federal program name or description for the covered Federal action (item 1). If known, enter thefull Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, andloan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number;the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.” 9.For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the LobbyingDisclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federalaction. (b) Enter the full names of the individual(s) performing services, and include full address if different from10(a). Enter Last Name, First Name, and Middle Initial (MI). 11.The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control Number. The valid OMB control number for this informationcollection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10minutes per response, including time for reviewing instructions, searching existing data sources, gathering andmaintaining the data needed, and completing and reviewing the collection of information. Send comments regardingthe burden estimate or any other aspect of this collection of information, including suggestions for reducing thisburden, to the Office of Management and Budget,Paperwork Reduction Project (0348-0046), Washington, DC 20503 258 State of Texas Child Support Business Ownership Form County: ___________________________________ TxDOT CSJ: ______________________________ Project Name: _____________________________ LG Project Number: ________________________ Business Entity Submitting Bid:________________________________ Section 231.006, Family Code, requires a bid for a contract paid from state funds to include the names and social security number of individuals owning 25% or more of the business entity submitting the bid. 1.In the spaces below please provide the names and social security number of individuals owning 25% or more of the business. Name Social Security Number ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ 2. Please check the box below if no individual owns 25% or more of the business. ( ) No individual own 25% or more of the business. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act (42 USC Section 601-617 and 651-699). Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The information collected on this form will be maintained by ____________________________. With few exceptions, you are entitled on request to be informed about the information collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the Government Code, you are also entitled to have information about you corrected that you believe is incorrect. _____________________________________________________ Signature Date __________________________________ Printed Name IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM. Enter Local Government Name 259 CHILD SUPPORT STATEMENT Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity names in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 260 CONTRACTOR’S ASSURANCE (Subcontracts – Federal Aid Projects) By signing this Contract, the Contractor is giving assurances that all subcontract agreements of $10,000 or more on this project will incorporate the following provisions: Special Provision “Certification of Nondiscrimination in Employment” SP 000-003L Special Provision “Notice of Requirement for Affirmative Action to Ensure SP 000-004L Equal Employment Opportunity” (Executive Order 11246) Special Provision “Standard Federal Equal Employment Opportunity SP 000-005L Construction Contract Specifications (Executive Order 11246) Form FHWA 1273 “Required Contract Provisions Federal-Aid Construction Contracts” (From FHWA 1273 must also be physically attached to subcontracts and purchase orders of $10,000 or more) 261 Prohibition on Certain Telecommunications Equipment or Services  The Federal Register Notice issued the Final Rule and states that the amendment to 2 CFR  200.216 is effective on August 13, 2020. The new 2 CFR 200.471 regulation provides clarity that  the telecommunications and video surveillance costs associated with 2 CFR 200.216 are  unallowable for services and equipment from these specific providers.  OMB’s Federal Register  Notice includes the new 2 CFR 200.216 and 2 CFR 200.471 regulations.   Per the Federal Law referenced above, use of services, systems, or services or systems that  contain components produced by any of the following manufacturers is strictly prohibited for  use on this project. Therefore, for any telecommunications, CCTV, or video surveillance  equipment, services or systems cannot be manufactured by, or have components  manufactured by:  Huawei Technologies Company, ZTE Corporation (any subsidiary and affiliate of such entities), Hyatera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company (any subsidiary and affiliate of such entities). Violation of this requirement will require replacement of the equipment at the contractor’s  expense.  262 3077 1 - 32 10-19 Statewide Special Specification 3077 Superpave Mixtures 1.DESCRIPTION Construct a hot-mix asphalt (HMA) pavement layer composed of a compacted, Superpave (SP) mixture of aggregate and asphalt binder mixed hot in a mixing plant. Payment adjustments will apply to HMA placed under this specification unless the HMA is deemed exempt in accordance with Section 3077.4.9.4., “Exempt Production.” 2.MATERIALS Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications. Notify the Engineer of all material sources and before changing any material source or formulation. The Engineer will verify that the specification requirements are met when the Contractor makes a source or formulation change and may require a new laboratory mixture design, trial batch, or both. The Engineer may sample and test project materials at any time during the project to verify specification compliance in accordance with Item 6, “Control of Materials.” 2.1.Aggregate. Furnish aggregates from sources that conform to the requirements shown in Table 1 and as specified in this Section. Aggregate requirements in this Section, including those shown in Table 1, may be modified or eliminated when shown on the plans. Additional aggregate requirements may be specified when shown on the plans. Provide aggregate stockpiles that meet the definitions in this Section for coarse, intermediate, or fine aggregate. Aggregate from reclaimed asphalt pavement (RAP) is not required to meet Table 1 requirements unless otherwise shown on the plans. Supply aggregates that meet the definitions in Tex-100-E for crushed gravel or crushed stone. The Engineer will designate the plant or the quarry as the sampling location. Provide samples from materials produced for the project. The Engineer will establish the Surface Aggregate Classification (SAC) and perform Los Angeles abrasion, magnesium sulfate soundness, and Micro-Deval tests. Perform all other aggregate quality tests listed in Table 1. Document all test results on the mixture design report. The Engineer may perform tests on independent or split samples to verify Contractor test results. Stockpile aggregates for each source and type separately. Determine aggregate gradations for mixture design and production testing based on the washed sieve analysis given in Tex-200-F, Part II. 2.1.1.Coarse Aggregate. Coarse aggregate stockpiles must have no more than 20% material passing the No. 8 sieve. Aggregates from sources listed in the Department’s Bituminous Rated Source Quality Catalog (BRSQC) are preapproved for use. Use only the rated values for hot-mix listed in the BRSQC. Rated values for surface treatment (ST) do not apply to coarse aggregate sources used in hot-mix asphalt. For sources not listed on the Department’s BRSQC:  build an individual stockpile for each material;  request the Department test the stockpile for specification compliance; and  once approved, do not add material to the stockpile unless otherwise approved. Provide aggregate from non-listed sources only when tested by the Engineer and approved before use. Allow 30 calendar days for the Engineer to sample, test, and report results for non-listed sources. 263 3077 2 - 32 10-19 Statewide Provide coarse aggregate with at least the minimum SAC shown on the plans. SAC requirements only apply to aggregates used on the surface of travel lanes. SAC requirements apply to aggregates used on surfaces other than travel lanes when shown on the plans. The SAC for sources on the Department’s Aggregate Quality Monitoring Program (AQMP) (Tex-499-A) is listed in the BRSQC. 2.1.1.1. Blending Class A and Class B Aggregates. Class B aggregate meeting all other requirements in Table 1 may be blended with a Class A aggregate to meet requirements for Class A materials, unless otherwise shown on the plans. Ensure that at least 50% by weight, or volume if required, of the material retained on the No. 4 sieve comes from the Class A aggregate source when blending Class A and B aggregates to meet a Class A requirement unless otherwise shown on the plans. Blend by volume if the bulk specific gravities of the Class A and B aggregates differ by more than 0.300. Coarse aggregate from RAP and Recycled Asphalt Shingles (RAS) will be considered as Class B aggregate for blending purposes. The Engineer may perform tests at any time during production, when the Contractor blends Class A and B aggregates to meet a Class A requirement, to ensure that at least 50% by weight, or volume if required, of the material retained on the No. 4 sieve comes from the Class A aggregate source. The Engineer will use the Department’s mix design template, when electing to verify conformance, to calculate the percent of Class A aggregate retained on the No. 4 sieve by inputting the bin percentages shown from readouts in the control room at the time of production and stockpile gradations measured at the time of production. The Engineer may determine the gradations based on either washed or dry sieve analysis from samples obtained from individual aggregate cold feed bins or aggregate stockpiles. The Engineer may perform spot checks using the gradations supplied by the Contractor on the mixture design report as an input for the template; however, a failing spot check will require confirmation with a stockpile gradation determined by the Engineer. 2.1.1.2. Micro-Deval Abrasion. The Engineer will perform a minimum of one Micro-Deval abrasion test in accordance with Tex-461-A for each coarse aggregate source used in the mixture design that has a Rated Source Soundness Magnesium (RSSM) loss value greater than 15 as listed in the BRSQC. The Engineer will perform testing before the start of production and may perform additional testing at any time during production. The Engineer may obtain the coarse aggregate samples from each coarse aggregate source or may require the Contractor to obtain the samples. The Engineer may waive all Micro-Deval testing based on a satisfactory test history of the same aggregate source. The Engineer will estimate the magnesium sulfate soundness loss for each coarse aggregate source, when tested, using the following formula: Mgest. = (RSSM)(MDact./RSMD) where: Mgest. = magnesium sulfate soundness loss MDact. = actual Micro-Deval percent loss RSMD = Rated Source Micro-Deval When the estimated magnesium sulfate soundness loss is greater than the maximum magnesium sulfate soundness loss specified, the coarse aggregate source will not be allowed for use unless otherwise approved. The Engineer will consult the Soils and Aggregates Section of the Materials and Tests Division, and additional testing may be required before granting approval. 2.1.2. Intermediate Aggregate. Aggregates not meeting the definition of coarse or fine aggregate will be defined as intermediate aggregate. Supply intermediate aggregates, when used that are free from organic impurities. The Engineer may test the intermediate aggregate in accordance with Tex-408-A to verify the material is free from organic impurities. Supply intermediate aggregate from coarse aggregate sources, when used that meet the requirements shown in Table 1 unless otherwise approved. Test the stockpile if 10% or more of the stockpile is retained on the No. 4 sieve, and verify that it meets the requirements in Table 1 for crushed face count (Tex-460-A) and flat and elongated particles (Tex-280-F). 264 3077 3 - 32 10-19 Statewide 2.1.3. Fine Aggregate. Fine aggregates consist of manufactured sands, screenings, and field sands. Fine aggregate stockpiles must meet the gradation requirements in Table 2. Supply fine aggregates that are free from organic impurities. The Engineer may test the fine aggregate in accordance with Tex-408-A to verify the material is free from organic impurities. Unless otherwise shown on the plans, up to 10% of the total aggregate may be field sand or other uncrushed fine aggregate. Use fine aggregate, with the exception of field sand, from coarse aggregate sources that meet the requirements shown in Table 1 unless otherwise approved. Test the stockpile if 10% or more of the stockpile is retained on the No. 4 sieve and verify that it meets the requirements in Table 1 for crushed face count (Tex-460-A) and flat and elongated particles (Tex-280-F). Table 1 Aggregate Quality Requirements Property Test Method Requirement Coarse Aggregate SAC Tex-499-A (AQMP) As shown on the plans Deleterious material, %, Max Tex-217-F, Part I 1.0 Decantation, %, Max Tex-217-F, Part II 1.5 Micro-Deval abrasion, % Tex-461-A Note 1 Los Angeles abrasion, %, Max Tex-410-A 352 Magnesium sulfate soundness, 5 cycles, %, Max Tex-411-A 253 Crushed face count,4 %, Min Tex-460-A, Part I 85 Flat and elongated particles @ 5:1, %, Max Tex-280-F 10 Fine Aggregate Linear shrinkage, %, Max Tex-107-E 3 Sand equivalent, %, Min Tex-203-F 45 1. Used to estimate the magnesium sulfate soundness loss in accordance with Section 3077.2.1.1.2., “Micro-Deval Abrasion.” 2. For base mixtures defined in Section 3077.2.7., “Recycled Materials,” the Los Angeles abrasion may be increased to a maximum of 40%. 3. For base mixtures defined in Section 3077.2.7., “Recycled Materials,” the magnesium sulfate soundness, five cycles, may be increased to a maximum of 30%. 4. Only applies to crushed gravel. Table 2 Gradation Requirements for Fine Aggregate Sieve Size % Passing by Weight or Volume 3/8″ 100 #8 70–100 #200 0–30 2.2. Mineral Filler. Mineral filler consists of finely divided mineral matter such as agricultural lime, crusher fines, hydrated lime, or fly ash. Mineral filler is allowed unless otherwise shown on the plans. Use no more than 2% hydrated lime or fly ash unless otherwise shown on the plans. Use no more than 1% hydrated lime if a substitute binder is used unless otherwise shown on the plans or allowed. Test all mineral fillers except hydrated lime and fly ash in accordance with Tex-107-E to ensure specification compliance. The plans may require or disallow specific mineral fillers. Provide mineral filler, when used, that:  is sufficiently dry, free-flowing, and free from clumps and foreign matter as determined by the Engineer;  does not exceed 3% linear shrinkage when tested in accordance with Tex-107-E; and  meets the gradation requirements in Table 3, unless otherwise shown on the plans. Table 3 Gradation Requirements for Mineral Filler Sieve Size % Passing by Weight or Volume #8 100 #200 55–100 2.3. Baghouse Fines. Fines collected by the baghouse or other dust-collecting equipment may be reintroduced into the mixing drum. 265 3077 4 - 32 10-19 Statewide 2.4. Asphalt Binder. Furnish the type and grade of performance-graded (PG) asphalt specified on the plans. 2.5. Tack Coat. Furnish CSS-1H, SS-1H, or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300, “Asphalts, Oils, and Emulsions.” Specialized tack coat materials listed on the Department’s MPL are allowed or required when shown on the plans. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use. 2.6. Additives. Use the type and rate of additive specified when shown on the plans. Additives that facilitate mixing, compaction, or improve the quality of the mixture are allowed when approved. Provide the Engineer with documentation such as the bill of lading showing the quantity of additives used in the project unless otherwise directed. 2.6.1. Lime and Liquid Antistripping Agent. When lime or a liquid antistripping agent is used, add in accordance with Item 301, “Asphalt Antistripping Agents.” Do not add lime directly into the mixing drum of any plant where lime is removed through the exhaust stream unless the plant has a baghouse or dust collection system that reintroduces the lime into the drum. 2.6.2. Warm Mix Asphalt (WMA). Warm Mix Asphalt (WMA) is defined as HMA that is produced within a target temperature discharge range of 215°F and 275°F using approved WMA additives or processes from the Department’s MPL. WMA is allowed for use on all projects and is required when shown on the plans. When WMA is required, the maximum placement or target discharge temperature for WMA will be set at a value below 275°F. Department-approved WMA additives or processes may be used to facilitate mixing and compaction of HMA produced at target discharge temperatures above 275°F; however, such mixtures will not be defined as WMA. 2.6.3. Compaction Aid. Compaction Aid is defined as a chemical warm mix additive that is used to produce an asphalt mixture at a discharge temperature greater than 275°F. Compaction Aid is allowed for use on all projects and is required when shown on the plans. 2.7. Recycled Materials. Use of RAP and RAS is permitted unless otherwise shown on the plans. Use of RAS is restricted to only intermediate and base mixes unless otherwise shown on the plans. Do not exceed the maximum allowable percentages of RAP and RAS shown in Table 4. The allowable percentages shown in Table 4 may be decreased or increased when shown on the plans. Determine the asphalt binder content and gradation of the RAP and RAS stockpiles for mixture design purposes in accordance with Tex-236-F, Part I. The Engineer may verify the asphalt binder content of the stockpiles at any time during production. Perform other tests on RAP and RAS when shown on the plans. Asphalt binder from RAP and RAS is designated as recycled asphalt binder. Calculate and ensure that the ratio of the recycled asphalt binder to total binder does not exceed the percentages shown in Table 5 during mixture design and HMA production when RAP or RAS is used. Use a separate cold feed bin for each stockpile of RAP and RAS during HMA production. Surface, intermediate, and base mixes referenced in Tables 4 and 5 are defined as follows:  Surface. The final HMA lift placed at the top of the pavement structure or placed directly below mixtures produced in accordance with Items 316, 342, 347, or 348;  Intermediate. Mixtures placed below an HMA surface mix and less than or equal to 8.0 in. from the riding surface; and  Base. Mixtures placed greater than 8.0 in. from the riding surface. Unless otherwise shown on the plans, mixtures used for bond breaker are defined as base mixtures. 2.7.1. RAP. RAP is salvaged, milled, pulverized, broken, or crushed asphalt pavement. Fractionated RAP is defined as a stockpile that contains RAP material with a minimum of 95.0% passing the 3/8-in. or 1/2-in. 266 3077 5 - 32 10-19 Statewide sieve, before burning in the ignition oven, unless otherwise approved. The Engineer may allow the Contractor to use an alternate to the 3/8-in. or 1/2-in. screen to fractionate the RAP. Use of Contractor-owned RAP including HMA plant waste is permitted unless otherwise shown on the plans. Department-owned RAP stockpiles are available for the Contractor’s use when the stockpile locations are shown on the plans. If Department-owned RAP is available for the Contractor’s use, the Contractor may use Contractor-owned fractionated RAP and replace it with an equal quantity of Department-owned RAP. Department-owned RAP generated through required work on the Contract is available for the Contractor’s use when shown on the plans. Perform any necessary tests to ensure Contractor- or Department-owned RAP is appropriate for use. The Department will not perform any tests or assume any liability for the quality of the Department-owned RAP unless otherwise shown on the plans. The Contractor will retain ownership of RAP generated on the project when shown on the plans. Do not use Department- or Contractor-owned RAP contaminated with dirt or other objectionable materials. Do not use Department- or Contractor-owned RAP if the decantation value exceeds 5% and the plasticity index is greater than eight. Test the stockpiled RAP for decantation in accordance with Tex-406-A, Part I. Determine the plasticity index in accordance with Tex-106-E if the decantation value exceeds 5%. The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction or ignition. Do not intermingle Contractor-owned RAP stockpiles with Department-owned RAP stockpiles. Remove unused Contractor-owned RAP material from the project site upon completion of the project. Return unused Department-owned RAP to the designated stockpile location. Table 4 Maximum Allowable Amounts of RAP1 Maximum Allowable Fractionated RAP (%) Surface Intermediate Base 20.0 30.0 35.0 1. Must also meet the recycled binder to total binder ratio shown in Table 5. 2.7.2. RAS. Use of post-manufactured RAS or post-consumer RAS (tear-offs) is not permitted in surface mixtures unless otherwise shown on the plans. RAS may be used in intermediate and base mixtures unless otherwise shown on the plans. Up to 3% RAS may be used separately or as a replacement for fractionated RAP in accordance with Table 4 and Table 5. RAS is defined as processed asphalt shingle material from manufacturing of asphalt roofing shingles or from re-roofing residential structures. Post-manufactured RAS is processed manufacturer’s shingle scrap by-product. Post-consumer RAS is processed shingle scrap removed from residential structures. Comply with all regulatory requirements stipulated for RAS by the TCEQ. RAS may be used separately or in conjunction with RAP. Process the RAS by ambient grinding or granulating such that 100% of the particles pass the 3/8 in. sieve when tested in accordance with Tex-200-F, Part I. Perform a sieve analysis on processed RAS material before extraction (or ignition) of the asphalt binder. Add sand meeting the requirements of Table 1 and Table 2 or fine RAP to RAS stockpiles if needed to keep the processed material workable. Any stockpile that contains RAS will be considered a RAS stockpile and be limited to no more than 3.0% of the HMA mixture in accordance with Table 4. Certify compliance of the RAS with DMS-11000, “Evaluating and Using Nonhazardous Recyclable Materials Guidelines.” Treat RAS as an established nonhazardous recyclable material if it has not come into contact with any hazardous materials. Use RAS from shingle sources on the Department’s MPL. Remove substantially all materials before use that are not part of the shingle, such as wood, paper, metal, plastic, and felt paper. Determine the deleterious content of RAS material for mixture design purposes in accordance with Tex-217-F, Part III. Do not use RAS if deleterious materials are more than 0.5% of the stockpiled RAS unless 267 3077 6 - 32 10-19 Statewide otherwise approved. Submit a sample for approval before submitting the mixture design. The Department will perform the testing for deleterious material of RAS to determine specification compliance. 2.8. Substitute Binders. Unless otherwise shown on the plans, the Contractor may use a substitute PG binder listed in Table 5 instead of the PG binder originally specified if using recycled materials, and if the substitute PG binder and mixture made with the substitute PG binder meet the following:  the substitute binder meets the specification requirements for the substitute binder grade in accordance with Section 300.2.10., “Performance-Graded Binders;” and  the mixture has less than 10.0 mm of rutting on the Hamburg Wheel test (Tex-242-F) after the number of passes required for the originally specified binder. Use of substitute PG binders may only be allowed at the discretion of the Engineer if the Hamburg Wheel test results are between 10.0 mm and 12.5 mm. Table 5 Allowable Substitute PG Binders and Maximum Recycled Binder Ratios Originally Specified PG Binder Allowable Substitute PG Binder for Surface Mixes Allowable Substitute PG Binder for Intermediate and Base Mixes Maximum Ratio of Recycled Binder1 to Total Binder (%) Surface Intermediate Base 76-224,5 70-22 70-22 15.0 25.0 30.0 70-222,5 N/A 64-22 15.0 25.0 30.0 64-222,3 N/A N/A 15.0 25.0 30.0 76-284,5 70-28 70-28 15.0 25.0 30.0 70-282,5 N/A 64-28 15.0 25.0 30.0 64-282,3 N/A N/A 15.0 25.0 30.0 1. Combined recycled binder from RAP and RAS. RAS is not permitted in surface mixtures unless otherwise shown on the plans. 2. Binder substitution is not allowed for surface mixtures. 3. Binder substitution is not allowed for intermediate and base mixtures. 4. Use no more than 15.0% recycled binder in surface mixtures when using this originally specified PG binder. 5. Use no more than 25.0% recycled binder when using this originally specified PG binder for intermediate mixtures. Use no more than 30.0% recycled binder when using this originally specified PG binder for base mixtures. 3. EQUIPMENT Provide required or necessary equipment in accordance with Item 320, “Equipment for Asphalt Concrete Pavement.” 4. CONSTRUCTION Produce, haul, place, and compact the specified paving mixture. In addition to tests required by the specification, Contractors may perform other QC tests as deemed necessary. At any time during the project, the Engineer may perform production and placement tests as deemed necessary in accordance with Item 5, “Control of the Work.” Schedule and participate in a mandatory pre-paving meeting with the Engineer on or before the first day of paving unless otherwise shown on the plans. 4.1. Certification. Personnel certified by the Department-approved hot-mix asphalt certification program must conduct all mixture designs, sampling, and testing in accordance with Table 6. Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel 268 3077 7 - 32 10-19 Statewide changes are made. Provide a mixture design developed and signed by a Level 2 certified specialist. Provide Level 1A certified specialists at the plant during production operations. Provide Level 1B certified specialists to conduct placement tests. Provide AGG101 certified specialists for aggregate testing. 269 3077 8 - 32 10-19 Statewide Table 6 Test Methods, Test Responsibility, and Minimum Certification Levels Test Description Test Method Contractor Engineer Level1 1. Aggregate and Recycled Material Testing Sampling Tex-221-F   1A/AGG101 Dry sieve Tex-200-F, Part I   1A/AGG101 Washed sieve Tex-200-F, Part II   1A/AGG101 Deleterious material Tex-217-F, Parts I & III   AGG101 Decantation Tex-217-F, Part II   AGG101 Los Angeles abrasion Tex-410-A  TxDOT Magnesium sulfate soundness Tex-411-A  TxDOT Micro-Deval abrasion Tex-461-A  AGG101 Crushed face count Tex-460-A   AGG101 Flat and elongated particles Tex-280-F   AGG101 Linear shrinkage Tex-107-E   AGG101 Sand equivalent Tex-203-F   AGG101 Bulk specific gravity Tex-201-F   AGG101 Unit weight Tex-404-A   AGG101 Organic impurities Tex-408-A   AGG101 2. Asphalt Binder & Tack Coat Sampling Asphalt binder sampling Tex-500-C, Part II   1A/1B Tack coat sampling Tex-500-C, Part III   1A/1B 3. Mix Design & Verification Design and JMF changes Tex-204-F   2 Mixing Tex-205-F   2 Molding (SGC) Tex-241-F   1A Laboratory-molded density Tex-207-F, Parts I & VI   1A Rice gravity Tex-227-F, Part II   1A Ignition oven correction factors2 Tex-236-F, Part II   2 Indirect tensile strength Tex-226-F   1A Hamburg Wheel test Tex-242-F   1A Boil test Tex-530-C   1A 4. Production Testing Selecting production random numbers Tex-225-F, Part I  1A Mixture sampling Tex-222-F   1A/1B Molding (SGC) Tex-241-F   1A Laboratory-molded density Tex-207-F, Parts I & VI   1A Rice gravity Tex-227-F, Part II   1A Gradation & asphalt binder content2 Tex-236-F, Part I   1A Control charts Tex-233-F   1A Moisture content Tex-212-F, Part II   1A/AGG101 Hamburg Wheel test Tex-242-F   1A Micro-Deval abrasion Tex-461-A  AGG101 Boil test Tex-530-C   1A Abson recovery Tex-211-F  TxDOT 5. Placement Testing Selecting placement random numbers Tex-225-F, Part II  1B Trimming roadway cores Tex-251-F, Parts I & II   1A/1B In-place air voids Tex-207-F, Parts I & VI   1A In-place density (nuclear method) Tex-207-F, Part III  1B Establish rolling pattern Tex-207-F, Part IV  1B Control charts Tex-233-F   1A Ride quality measurement Tex-1001-S   Note 3 Segregation (density profile) Tex-207-F, Part V   1B Longitudinal joint density Tex-207-F, Part VII   1B Thermal profile Tex-244-F   1B Shear Bond Strength Test Tex-249-F  TxDOT 1. Level 1A, 1B, AGG101, and 2 are certification levels provided by the Hot Mix Asphalt Center certification program. 2. Refer to Section 3077.4.9.2.3., “Production Testing,” for exceptions to using an ignition oven. 3. Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test Type B is specified. 270 3077 9 - 32 10-19 Statewide 4.2. Reporting and Responsibilities. Use Department-provided templates to record and calculate all test data, including mixture design, production and placement QC/QA, control charts, thermal profiles, segregation density profiles, and longitudinal joint density. Obtain the current version of the templates at http://www.txdot.gov/inside-txdot/forms-publications/consultants-contractors/forms/site-manager.html or from the Engineer. The Engineer and the Contractor will provide any available test results to the other party when requested. The maximum allowable time for the Contractor and Engineer to exchange test data is as given in Table 7 unless otherwise approved. The Engineer and the Contractor will immediately report to the other party any test result that requires suspension of production or placement, a payment adjustment less than 1.000, or that fails to meet the specification requirements. Record and electronically submit all test results and pertinent information on Department-provided templates. Subsequent sublots placed after test results are available to the Contractor, which require suspension of operations, may be considered unauthorized work. Unauthorized work will be accepted or rejected at the discretion of the Engineer in accordance with Article 5.3., “Conformity with Plans, Specifications, and Special Provisions.” Table 7 Reporting Schedule Description Reported By Reported To To Be Reported Within Production Quality Control Gradation1 Contractor Engineer 1 working day of completion of the sublot Asphalt binder content1 Laboratory-molded density2 Moisture content3 Boil test3 Production Quality Assurance Gradation3 Engineer Contractor 1 working day of completion of the sublot Asphalt binder content3 Laboratory-molded density1 Hamburg Wheel test4 Boil test3 Binder tests4 Placement Quality Control In-place air voids2 Contractor Engineer 1 working day of completion of the lot Segregation1 Longitudinal joint density1 Thermal profile1 Placement Quality Assurance In-place air voids1 Engineer Contractor 1 working day after receiving the trimmed cores5 Segregation3 1 working day of completion of the lot Longitudinal joint density3 Thermal profile3 Aging ratio4 Payment adjustment summary Engineer Contractor 2 working days of performing all required tests and receiving Contractor test data 1. These tests are required on every sublot. 2. Optional test. When performed on split samples, report the results as soon as they become available. 3. To be performed at the frequency specified in Table 17 or as shown on the plans. 4. To be reported as soon as the results become available. 5. Two days are allowed if cores cannot be dried to constant weight within 1 day. The Engineer will use the Department-provided template to calculate all payment adjustment factors for the lot. Sublot samples may be discarded after the Engineer and Contractor sign off on the payment adjustment summary documentation for the lot. Use the procedures described in Tex-233-F to plot the results of all quality control (QC) and quality assurance (QA) testing. Update the control charts as soon as test results for each sublot become available. 271 3077 10 - 32 10-19 Statewide Make the control charts readily accessible at the field laboratory. The Engineer may suspend production for failure to update control charts. 4.3. Quality Control Plan (QCP). Develop and follow the QCP in detail. Obtain approval for changes to the QCP made during the project. The Engineer may suspend operations if the Contractor fails to comply with the QCP. Submit a written QCP before the mandatory pre-paving meeting. Receive approval of the QCP before beginning production. Include the following items in the QCP: 4.3.1. Project Personnel. For project personnel, include:  a list of individuals responsible for QC with authority to take corrective action;  current contact information for each individual listed; and  current copies of certification documents for individuals performing specified QC functions. 4.3.2. Material Delivery and Storage. For material delivery and storage, include:  the sequence of material processing, delivery, and minimum quantities to assure continuous plant operations;  aggregate stockpiling procedures to avoid contamination and segregation;  frequency, type, and timing of aggregate stockpile testing to assure conformance of material requirements before mixture production; and  procedure for monitoring the quality and variability of asphalt binder. 4.3.3. Production. For production, include:  loader operation procedures to avoid contamination in cold bins;  procedures for calibrating and controlling cold feeds;  procedures to eliminate debris or oversized material;  procedures for adding and verifying rates of each applicable mixture component (e.g., aggregate, asphalt binder, RAP, RAS, lime, liquid antistrip, WMA);  procedures for reporting job control test results; and  procedures to avoid segregation and drain-down in the silo. 4.3.4. Loading and Transporting. For loading and transporting, include:  type and application method for release agents; and  truck loading procedures to avoid segregation. 4.3.5. Placement and Compaction. For placement and compaction, include:  proposed agenda for mandatory pre-paving meeting, including date and location;  proposed paving plan (e.g., paving widths, joint offsets, and lift thicknesses);  type and application method for release agents in the paver and on rollers, shovels, lutes, and other utensils;  procedures for the transfer of mixture into the paver, while avoiding segregation and preventing material spillage;  process to balance production, delivery, paving, and compaction to achieve continuous placement operations and good ride quality;  paver operations (e.g., operation of wings, height of mixture in auger chamber) to avoid physical and thermal segregation and other surface irregularities; and  procedures to construct quality longitudinal and transverse joints. 272 3077 11 - 32 10-19 Statewide 4.4. Mixture Design. 4.4.1. Design Requirements. Use the SP design procedure provided in Tex-204-F, unless otherwise shown on the plans. Design the mixture to meet the requirements listed in Tables 1, 2, 3, 4, 5, 8, 9, 10, and 11. Design the mixture at 50 gyrations (Ndesign). Use a target laboratory-molded density of 96.0% to design the mixture; however, adjustments can be made to the Ndesign value as noted in Table 10. The Ndesign level may be reduced to at least 35 gyrations at the Contractor’s discretion. Use an approved laboratory from the Department’s MPL to perform the Hamburg Wheel test and provide results with the mixture design, or provide the laboratory mixture and request that the Department perform the Hamburg Wheel test. The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test results on the laboratory mixture design. The Engineer will provide the mixture design when shown on the plans. The Contractor may submit a new mixture design at any time during the project. The Engineer will verify and approve all mixture designs (JMF1) before the Contractor can begin production. The aggregate gradation may pass below or through the reference zone shown in Table 9 unless otherwise shown on the plans. Design a mixture with a gradation that has stone-on-stone contact and passes below the reference zone shown in Table 9 when shown on the plans. Verify stone-on-stone contact using the method given in the SP design procedure in Tex-204-F, Part IV. Provide the Engineer with a mixture design report using the Department-provided template. Include the following items in the report:  the combined aggregate gradation, source, specific gravity, and percent of each material used;  asphalt binder content and aggregate gradation of RAP and RAS stockpiles;  the Ndesign level used;  results of all applicable tests;  the mixing and molding temperatures;  the signature of the Level 2 person or persons that performed the design;  the date the mixture design was performed; and  a unique identification number for the mixture design. Table 8 Master Gradation Limits (% Passing by Weight or Volume) and VMA Requirements Sieve Size SP-B Intermediate SP-C Surface SP-D Fine Mixture 2″ – – – 1-1/2″ 100.01 – – 1″ 98.0–100.0 100.01 – 3/4″ 90.0–100.0 98.0–100.0 100.01 1/2″ Note2 90.0–100.0 98.0–100.0 3/8″ – Note2 90.0–100.0 #4 23.0–90.0 28.0–90.0 32.0–90.0 #8 23.0–34.6 28.0–37.0 32.0–40.0 #16 2.0–28.3 2.0–31.6 2.0–37.6 #30 2.0–20.7 2.0–23.1 2.0–27.5 #50 2.0–13.7 2.0–15.5 2.0–18.7 #200 2.0–8.0 2.0–10.0 2.0–10.0 Design VMA, % Minimum – 14.0 15.0 16.0 Production (Plant-Produced) VMA, % Minimum – 13.5 14.5 15.5 1. Defined as maximum sieve size. No tolerance allowed. 2. Must retain at least 10% cumulative. 273 3077 12 - 32 10-19 Statewide Table 9 Reference Zones (% Passing by Weight or Volume) Sieve Size SP-B Intermediate SP-C Surface SP-D Fine Mixture 2″ – – – 1-1/2″ – – – 1″ – – – 3/4″ – – – 1/2″ – – – 3/8″ – – – #4 – – – #8 34.6–34.6 39.1–39.1 47.2–47.2 #16 22.3–28.3 25.6–31.6 31.6–37.6 #30 16.7–20.7 19.1–23.1 23.5–27.5 #50 13.7–13.7 15.5–15.5 18.7–18.7 #200 – – – Table 10 Laboratory Mixture Design Properties Mixture Property Test Method Requirement Target laboratory-molded density, % Tex-207-F 96.0 Design gyrations (Ndesign) Tex-241-F 501 Indirect tensile strength (dry), psi Tex-226-F 85–2002 Dust/asphalt binder ratio3 – 0.6–1.4 Boil test4 Tex-530-C – 1. Adjust within a range of 35–100 gyrations when shown on the plans or specification or mutually agreed between the Engineer and Contractor. 2. The Engineer may allow the IDT strength to exceed 200 psi if the corresponding Hamburg Wheel rut depth is greater than 3.0 mm and less than 12.5 mm. 3. Defined as % passing #200 sieve divided by asphalt binder content. 4. Used to establish baseline for comparison to production results. May be waived when approved. Table 11 Hamburg Wheel Test Requirements High-Temperature Binder Grade Test Method Minimum # of Passes @ 12.5 mm1 Rut Depth, Tested @ 50°C PG 64 or lower Tex-242-F 10,0002 PG 70 15,0003 PG 76 or higher 20,000 1. When the rut depth at the required minimum number of passes is less than 3 mm, the Engineer may require the Contractor to lower the Ndesign level to at least 35 gyrations. 2. May be decreased to at least 5,000 passes when shown on the plans. 3. May be decreased to at least 10,000 passes when shown on the plans. 4.4.2. Job-Mix Formula Approval. The job-mix formula (JMF) is the combined aggregate gradation, Ndesign level, and target asphalt percentage used to establish target values for hot-mix production. JMF1 is the original laboratory mixture design used to produce the trial batch. When WMA is used, JMF1 may be designed and submitted to the Engineer without including the WMA additive. When WMA is used, document the additive or process used and recommended rate on the JMF1 submittal. The Engineer and the Contractor will verify JMF1 based on plant-produced mixture from the trial batch unless otherwise approved. The Engineer may accept an existing mixture design previously used on a Department project and may waive the trial batch to verify JMF1. The Department may require the Contractor to reimburse the Department for verification tests if more than two trial batches per design are required. 4.4.2.1. Contractor’s Responsibilities. 4.4.2.1.1. Providing Superpave Gyratory Compactor (SGC). Furnish an SGC calibrated in accordance with Tex-241-F for molding production samples. Locate the SGC at the Engineer’s field laboratory and make the SGC available to the Engineer for use in molding production samples. 274 3077 13 - 32 10-19 Statewide 4.4.2.1.2. Gyratory Compactor Correlation Factors. Use Tex-206-F, Part II, to perform a gyratory compactor correlation when the Engineer uses a different SGC. Apply the correlation factor to all subsequent production test results. 4.4.2.1.3. Submitting JMF1. Furnish a mix design report (JMF1) with representative samples of all component materials and request approval to produce the trial batch. Provide approximately 10,000 g of the design mixture if opting to have the Department perform the Hamburg Wheel test on the laboratory mixture, and request that the Department perform the test. 4.4.2.1.4. Supplying Aggregates. Provide approximately 40 lb. of each aggregate stockpile unless otherwise directed. 4.4.2.1.5. Supplying Asphalt. Provide at least 1 gal. of the asphalt material and enough quantities of any additives proposed for use. 4.4.2.1.6. Ignition Oven Correction Factors. Determine the aggregate and asphalt correction factors from the ignition oven in accordance with Tex-236-F, Part II. Provide correction factors that are not more than 12 months old. Provide the Engineer with split samples of the mixtures before the trial batch production, including all additives (except water), and blank samples used to determine the correction factors for the ignition oven used for QA testing during production. Correction factors established from a previously approved mixture design may be used for the current mixture design if the mixture design and ignition oven are the same as previously used, unless otherwise directed. 4.4.2.1.7. Boil Test. Perform the test and retain the tested sample from Tex-530-C until completion of the project or as directed. Use this sample for comparison purposes during production. The Engineer may waive the requirement for the boil test. 4.4.2.1.8. Trial Batch Production. Provide a plant-produced trial batch upon receiving conditional approval of JMF1 and authorization to produce a trial batch, including the WMA additive or process if applicable, for verification testing of JMF1 and development of JMF2. Produce a trial batch mixture that meets the requirements in Table 4, Table 5, and Table 12. The Engineer may accept test results from recent production of the same mixture instead of a new trial batch. 4.4.2.1.9. Trial Batch Production Equipment. Use only equipment and materials proposed for use on the project to produce the trial batch. 4.4.2.1.10. Trial Batch Quantity. Produce enough quantity of the trial batch to ensure that the mixture meets the specification requirements. 4.4.2.1.11. Number of Trial Batches. Produce trial batches as necessary to obtain a mixture that meets the specification requirements. 4.4.2.1.12. Trial Batch Sampling. Obtain a representative sample of the trial batch and split it into 3 equal portions in accordance with Tex-222-F. Label these portions as “Contractor,” “Engineer,” and “Referee.” Deliver samples to the appropriate laboratory as directed. 4.4.2.1.13. Trial Batch Testing. Test the trial batch to ensure the mixture produced using the proposed JMF1 meets the mixture requirements in Table 12. Ensure the trial batch mixture is also in compliance with the Hamburg Wheel requirement in Table 11. Use a Department-approved laboratory to perform the Hamburg Wheel test on the trial batch mixture or request that the Department perform the Hamburg Wheel test. The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test results on the trial batch. Provide the Engineer with a copy of the trial batch test results. 4.4.2.1.14. Development of JMF2. Evaluate the trial batch test results after the Engineer grants full approval of JMF1 based on results from the trial batch, determine the optimum mixture proportions, and submit as JMF2. 275 3077 14 - 32 10-19 Statewide Adjust the asphalt binder content or gradation to achieve the specified target laboratory-molded density. The asphalt binder content established for JMF2 is not required to be within any tolerance of the optimum asphalt binder content established for JMF1; however, mixture produced using JMF2 must meet the voids in mineral aggregates (VMA) requirements for production shown in Table 8. If the optimum asphalt binder content for JMF2 is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 production to confirm the indirect tensile strength does not exceed 200 psi. Verify that JMF2 meets the mixture requirements in Table 4 and Table 5. 4.4.2.1.15. Mixture Production. Use JMF2 to produce Lot 1 as described in Section 3077.4.9.3.1.1., “Lot 1 Placement,” after receiving approval for JMF2 and a passing result from the Department’s or a Department-approved laboratory’s Hamburg Wheel test on the trial batch. If desired, proceed to Lot 1 production, once JMF2 is approved, at the Contractor’s risk without receiving the results from the Department’s Hamburg Wheel test on the trial batch. Notify the Engineer if electing to proceed without Hamburg Wheel test results from the trial batch. Note that the Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor’s expense. 4.4.2.1.16. Development of JMF3. Evaluate the test results from Lot 1, determine the optimum mixture proportions, and submit as JMF3 for use in Lot 2. 4.4.2.1.17. JMF Adjustments. If JMF adjustments are necessary to achieve the specified requirements, make the adjustment before beginning a new lot. The adjusted JMF must:  be provided to the Engineer in writing before the start of a new lot;  be numbered in sequence to the previous JMF;  meet the mixture requirements in Table 4 and Table 5;  meet the master gradation limits shown in Table 8; and  be within the operational tolerances of JMF2 listed in Table 12. 4.4.2.1.18. Requesting Referee Testing. Use referee testing, if needed, in accordance with Section 3077.4.9.1., “Referee Testing,” to resolve testing differences with the Engineer. 276 3077 15 - 32 10-19 Statewide Table 12 Operational Tolerances Description Test Method Allowable Difference Between Trial Batch and JMF1 Target Allowable Difference from Current JMF Target Allowable Difference between Contractor and Engineer1 Individual % retained for #8 sieve and larger Tex-200-F or Tex-236-F Must be Within Master Grading Limits in Table 8 ±5.02,3 ±5.0 Individual % retained for sieves smaller than #8 and larger than #200 ±3.02,3 ±3.0 % passing the #200 sieve ±2.02,3 ±1.6 Asphalt binder content, % Tex-236-F ±0.5 ±0.33 ±0.3 Dust/asphalt binder ratio4 – Note 5 Note 5 N/A Laboratory-molded density, % Tex-207-F ±1.0 ±1.0 ±0.5 In-place air voids, % N/A N/A ±1.0 Laboratory-molded bulk specific gravity N/A N/A ±0.020 VMA, % min Tex-204-F Note 6 Note 6 N/A Theoretical maximum specific (Rice) gravity Tex-227-F N/A N/A ±0.020 1. Contractor may request referee testing only when values exceed these tolerances. 2. When within these tolerances, mixture production gradations may fall outside the master grading limits; however, the % passing the #200 will be considered out of tolerance when outside the master grading limits. 3. Only applies to mixture produced for Lot 1 and higher. 4. Defined as % passing #200 sieve divided by asphalt binder content. 5. Verify that Table 10 requirement is met. 6. Verify that Table 8 requirements are met. 4.4.2.2. Engineer’s Responsibilities. 4.4.2.2.1. Gyratory Compactor. The Engineer will use a Department SGC, calibrated in accordance with Tex-241-F, to mold samples for laboratory mixture design verification. For molding trial batch and production specimens, the Engineer will use the Contractor-provided SGC at the field laboratory or provide and use a Department SGC at an alternate location. The Engineer will make the Contractor-provided SGC in the Department field laboratory available to the Contractor for molding verification samples. 4.4.2.2.2. Conditional Approval of JMF1 and Authorizing Trial Batch. The Engineer will review and verify conformance of the following information within two working days of receipt:  the Contractor’s mix design report (JMF1);  the Contractor-provided Hamburg Wheel test results;  all required materials including aggregates, asphalt, additives, and recycled materials; and  the mixture specifications. The Engineer will grant the Contractor conditional approval of JMF1 if the information provided on the paper copy of JMF1 indicates that the Contractor’s mixture design meets the specifications. When the Contractor does not provide Hamburg Wheel test results with laboratory mixture design, 10 working days are allowed for conditional approval of JMF1. The Engineer will base full approval of JMF1 on the test results on mixture from the trial batch. Unless waived, the Engineer will determine the Micro-Deval abrasion loss in accordance with Section 3077.2.1.1.2., “Micro-Deval Abrasion.” If the Engineer’s test results are pending after two working days, conditional approval of JMF1 will still be granted within 2 working days of receiving JMF1. When the Engineer’s test results become available, they will be used for specification compliance. After conditionally approving JMF1, including either Contractor- or Department-supplied Hamburg Wheel test results, the Contractor is authorized to produce a trial batch. 277 3077 16 - 32 10-19 Statewide 4.4.2.2.3. Hamburg Wheel Testing of JMF1. If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the laboratory mixture, the Engineer will mold samples in accordance with Tex-242-F to verify compliance with the Hamburg Wheel test requirement in Table 11. 4.4.2.2.4. Ignition Oven Correction Factors. The Engineer will use the split samples provided by the Contractor to determine the aggregate and asphalt correction factors for the ignition oven used for QA testing during production in accordance with Tex-236-F, Part II. Provide correction factors that are not more than 12 months old. 4.4.2.2.5. Testing the Trial Batch. Within 1 full working day, the Engineer will sample and test the trial batch to ensure that the mixture meets the requirements in Table 12. If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the trial batch mixture, the Engineer will mold samples in accordance with Tex-242-F to verify compliance with the Hamburg Wheel test requirement in Table 11. The Engineer will have the option to perform the following tests on the trial batch:  Tex-226-F, to verify that the indirect tensile strength meets the requirement shown in Table 10; and  Tex-530-C, to retain and use for comparison purposes during production. 4.4.2.2.6. Full Approval of JMF1. The Engineer will grant full approval of JMF1 and authorize the Contractor to proceed with developing JMF2 if the Engineer’s results for the trial batch meet the requirements in Table 12. The Engineer will notify the Contractor that an additional trial batch is required if the trial batch does not meet these requirements. 4.4.2.2.7. Approval of JMF2. The Engineer will approve JMF2 within one working day if the mixture meets the requirements in Table 5 and the gradation meets the master grading limits shown in Table 8. The asphalt binder content established for JMF2 is not required to be within any tolerance of the optimum asphalt binder content established for JMF1; however, mixture produced using JMF2 must meet the VMA requirements shown in Table 8. If the optimum asphalt binder content for JMF2 is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 production to confirm the indirect tensile strength does not exceed 200 psi. 4.4.2.2.8. Approval of Lot 1 Production. The Engineer will authorize the Contractor to proceed with Lot 1 production (using JMF2) as soon as a passing result is achieved from the Department’s or a Department-approved laboratory’s Hamburg Wheel test on the trial batch. The Contractor may proceed at its own risk with Lot 1 production without the results from the Hamburg Wheel test on the trial batch. If the Department’s or Department-approved laboratory’s sample from the trial batch fails the Hamburg Wheel test, the Engineer will suspend production until further Hamburg Wheel tests meet the specified values. The Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test be removed and replaced at the Contractor’s expense. 4.4.2.2.9. Approval of JMF3 and Subsequent JMF Changes. JMF3 and subsequent JMF changes are approved if they meet the mixture requirements shown in Table 4, Table 5, and the master grading limits shown in Table 8, and are within the operational tolerances of JMF2 shown in Table 12. 4.5. Production Operations. Perform a new trial batch when the plant or plant location is changed. Take corrective action and receive approval to proceed after any production suspension for noncompliance to the specification. Submit a new mix design and perform a new trial batch when the asphalt binder content of:  any RAP stockpile used in the mix is more than 0.5% higher than the value shown on the mixture design report; or  RAS stockpile used in the mix is more than 2.0% higher than the value shown on the mixture design report. 278 3077 17 - 32 10-19 Statewide 4.5.1. Storage and Heating of Materials. Do not heat the asphalt binder above the temperatures specified in Item 300, “Asphalts, Oils, and Emulsions,” or outside the manufacturer’s recommended values. Provide the Engineer with daily records of asphalt binder and hot-mix asphalt discharge temperatures (in legible and discernible increments) in accordance with Item 320, “Equipment for Asphalt Concrete Pavement,” unless otherwise directed. Do not store mixture for a period long enough to affect the quality of the mixture, nor in any case longer than 12 hr. unless otherwise approved. 4.5.2. Mixing and Discharge of Materials. Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target. Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed the maximum production temperatures listed in Table 13 (or 275°F for WMA). The Department will not pay for or allow placement of any mixture produced above the maximum production temperatures listed in Table 13. Table 13 Maximum Production Temperature High-Temperature Binder Grade1 Maximum Production Temperature PG 64 325˚F PG 70 335˚F PG 76 345˚F 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. Produce WMA within the target discharge temperature range of 215°F and 275°F when WMA is required. Take corrective action any time the discharge temperature of the WMA exceeds the target discharge range. The Engineer may suspend production operations if the Contractor’s corrective action is not successful at controlling the production temperature within the target discharge range. Note that when WMA is produced, it may be necessary to adjust burners to ensure complete combustion such that no burner fuel residue remains in the mixture. Control the mixing time and temperature so that substantially all moisture is removed from the mixture before discharging from the plant. Determine the moisture content, if requested, by oven-drying in accordance with Tex-212-F, Part II, and verify that the mixture contains no more than 0.2% of moisture by weight. Obtain the sample immediately after discharging the mixture into the truck, and perform the test promptly. 4.6. Hauling Operations. Clean all truck beds before use to ensure that mixture is not contaminated. Use a release agent shown on the Department’s MPL to coat the inside bed of the truck when necessary. Use equipment for hauling as defined in Section 3077.4.7.3.3., “Hauling Equipment.” Use other hauling equipment only when allowed. 4.7. Placement Operations. Collect haul tickets from each load of mixture delivered to the project and provide the Department’s copy to the Engineer approximately every hour or as directed. Use a hand-held thermal camera or infrared thermometer, when a thermal imaging system is not used, to measure and record the internal temperature of the mixture as discharged from the truck or Material Transfer Device (MTD) before or as the mix enters the paver and an approximate station number or GPS coordinates on each ticket. Calculate the daily yield and cumulative yield for the specified lift and provide to the Engineer at the end of paving operations for each day unless otherwise directed. The Engineer may suspend production if the Contractor fails to produce and provide haul tickets and yield calculations by the end of paving operations for each day. Prepare the surface by removing raised pavement markers and objectionable material such as moisture, dirt, sand, leaves, and other loose impediments from the surface before placing mixture. Remove vegetation from pavement edges. Place the mixture to meet the typical section requirements and produce a smooth, finished surface with a uniform appearance and texture. Offset longitudinal joints of successive courses of hot-mix by at least 6 in. Place mixture so that longitudinal joints on the surface course coincide with lane lines and are not placed in the wheel path, or as directed. Ensure that all finished surfaces will drain properly. Place the 279 3077 18 - 32 10-19 Statewide mixture at the rate or thickness shown on the plans. The Engineer will use the guidelines in Table 14 to determine the compacted lift thickness of each layer when multiple lifts are required. The thickness determined is based on the rate of 110 lb./sq. yd. for each inch of pavement unless otherwise shown on the plans. Table 14 Compacted Lift Thickness and Required Core Height Mixture Type Compacted Lift Thickness Guidelines Minimum Untrimmed Core Height (in.) Eligible for Testing Minimum (in.) Maximum (in.) SP-B 2.50 4.0 2.00 SP-C 2.00 3.0 1.25 SP-D 1.25 2.0 1.25 4.7.1. Weather Conditions. 4.7.1.1. When Using a Thermal Imaging System. Place mixture when the roadway is dry and the roadway surface temperature is at or above the temperatures listed in Table 15A.The Engineer may restrict the Contractor from paving surface mixtures if the ambient temperature is likely to drop below 32°F within 12 hr. of paving. Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable as determined by the Engineer. Provide output data from the thermal imaging system to demonstrate to the Engineer that no recurring severe thermal segregation exists in accordance with Section 3077.4.7.3.1.2., “Thermal Imaging System.” Table 15A Minimum Pavement Surface Temperatures High-Temperature Binder Grade1 Minimum Pavement Surface Temperatures (°F) Subsurface Layers or Night Paving Operations Surface Layers Placed in Daylight Operations PG 64 35 40 PG 70 452 502 PG 76 452 502 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Contractors may pave at temperatures 10°F lower than these values when a chemical WMA additive is used as a compaction aid in the mixture or when using WMA. 4.7.1.2. When Not Using a Thermal Imaging System. When using a thermal camera instead of the thermal imaging system, place mixture when the roadway surface temperature is at or above the temperatures listed in Table 15B unless otherwise approved or as shown on the plans. Measure the roadway surface temperature with a hand-held thermal camera or infrared thermometer. The Engineer may allow mixture placement to begin before the roadway surface reaches the required temperature if conditions are such that the roadway surface will reach the required temperature within 2 hr. of beginning placement operations. Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable as determined by the Engineer. The Engineer may restrict the Contractor from paving if the ambient temperature is likely to drop below 32°F within 12 hr. of paving. 280 3077 19 - 32 10-19 Statewide Table 15B Minimum Pavement Surface Temperatures High-Temperature Binder Grade1 Minimum Pavement Surface Temperatures (°F) Subsurface Layers or Night Paving Operations Surface Layers Placed in Daylight Operations PG 64 45 50 PG 70 552 602 PG 76 602 602 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Contractors may pave at temperatures 10°F lower than these values when a chemical WMA additive is used as a compaction aid in the mixture, when using WMA, or utilizing a paving process with equipment that eliminates thermal segregation. In such cases, for each sublot and in the presence of the Engineer, use a hand-held thermal camera operated in accordance with Tex-244-F to demonstrate to the satisfaction of the Engineer that the uncompacted mat has no more than 10°F of thermal segregation. 4.7.2. Tack Coat. 4.7.2.1. Application. Clean the surface before placing the tack coat. The Engineer will set the rate between 0.04 and 0.10 gal. of residual asphalt per square yard of surface area. Apply a uniform tack coat at the specified rate unless otherwise directed. Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns. Apply the tack coat to all surfaces that will come in contact with the subsequent HMA placement, unless otherwise directed. Allow adequate time for emulsion to break completely before placing any material. Prevent splattering of tack coat when placed adjacent to curb, gutter, and structures. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use. 4.7.2.2. Sampling. The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C, Part III, and test it to verify compliance with Item 300, “Asphalts, Oils, and Emulsions.” The Engineer will notify the Contractor when the sampling will occur and will witness the collection of the sample from the asphalt distributor immediately before use. For emulsions, the Engineer may test as often as necessary to ensure the residual of the emulsion is greater than or equal to the specification requirement in Item 300, “Asphalts, Oils, and Emulsions.” 4.7.3. Lay-Down Operations. Use the placement temperatures in Table 16 to establish the minimum placement temperature of mixture delivered to the paver. Table 16 Minimum Mixture Placement Temperature High-Temperature Binder Grade1 Minimum Placement Temperature (Before Entering Paver)2,3 PG 64 260˚F PG 70 270˚F PG 76 280˚F 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Minimum placement temperatures may be reduced 10°F if using a chemical WMA additive as a compaction aid. 3. When using WMA, the minimum placement temperature is 215°F. 4.7.3.1. Thermal Profile. Use a hand-held thermal camera or a thermal imaging system to obtain a continuous thermal profile in accordance with Tex-244-F. Thermal profiles are not applicable in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” 4.7.3.1.1. Thermal Segregation. 281 3077 20 - 32 10-19 Statewide 4.7.3.1.1.1. Moderate. Any areas that have a temperature differential greater than 25°F, but not exceeding 50°F, are deemed as moderate thermal segregation. 4.7.3.1.1.2. Severe. Any areas that have a temperature differential greater than 50°F are deemed as severe thermal segregation. 4.7.3.1.2. Thermal Imaging System. Review the output results when a thermal imaging system is used, and provide the automated report described in Tex-244-F to the Engineer daily unless otherwise directed. Modify the paving process as necessary to eliminate any recurring (moderate or severe) thermal segregation identified by the thermal imaging system. The Engineer may suspend paving operations if the Contractor cannot successfully modify the paving process to eliminate recurring severe thermal segregation. Density profiles are not required and not applicable when using a thermal imaging system. Provide the Engineer with electronic copies of all daily data files that can be used with the thermal imaging system software to generate temperature profile plots daily or upon completion of the project or as requested by the Engineer. 4.7.3.1.3. Thermal Camera. When using a thermal camera instead of the thermal imaging system, take immediate corrective action to eliminate recurring moderate thermal segregation when a hand-held thermal camera is used. Evaluate areas with moderate thermal segregation by performing density profiles in accordance with Section 3077.4.9.3.3.2., “Segregation (Density Profile).” Provide the Engineer with the thermal profile of every sublot within one working day of the completion of each lot. When requested by the Engineer, provide the thermal images generated using the thermal camera. Report the results of each thermal profile in accordance with Section 3077.4.2., “Reporting and Responsibilities.” The Engineer will use a hand-held thermal camera to obtain a thermal profile at least once per project. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains severe thermal segregation. Suspend operations and take immediate corrective action to eliminate severe thermal segregation unless otherwise directed. Resume operations when the Engineer determines that subsequent production will meet the requirements of this Section. Evaluate areas with severe thermal segregation by performing density profiles in accordance with Section 3077.4.9.3.3.2., “Segregation (Density Profile).” Remove and replace the material in any areas that have both severe thermal segregation and a failing result for Segregation (Density Profile) unless otherwise directed. The sublot in question may receive a production and placement payment adjustment greater than 1.000, if applicable, when the defective material is successfully removed and replaced. 4.7.3.2. Windrow Operations. Operate windrow pickup equipment so that when hot-mix is placed in windrows, substantially all the mixture deposited on the roadbed is picked up and loaded into the paver. 4.7.3.3. Hauling Equipment. Use belly dumps, live bottom, or end dump trucks to haul and transfer mixture; however, with exception of paving miscellaneous areas, end dump trucks are only allowed when used in conjunction with an MTD with remixing capability or when a thermal imaging system is used unless otherwise allowed. 4.7.3.4. Screed Heaters. Turn off screed heaters to prevent overheating of the mat if the paver stops for more than 5 min. The Engineer may evaluate the suspect area in accordance with Section 3077.4.9.3.3.4., “Recovered Asphalt Dynamic Shear Rheometer (DSR),” if the screed heater remains on for more than 5 min. while the paver is stopped. 4.8. Compaction. Compact the pavement uniformly to contain between 3.7% and 7.5% in-place air voids. Take immediate corrective action to bring the operation within 3.7% and 7.5% when the in-place air voids exceed the range of these tolerances. The Engineer will allow paving to resume when the proposed corrective action is likely to yield between 3.7% and 7.5% in-place air voids. Obtain cores in areas placed under Exempt Production, as directed, at locations determined by the Engineer. The Engineer may test these cores and suspend operations or require removal and replacement if the in- place air voids are less than 2.7% or more than 9.0%. Areas defined in Section 3077.4.9.3.1.4., “Miscellaneous Areas,” are not subject to in-place air void determination. 282 3077 21 - 32 10-19 Statewide Furnish the type, size, and number of rollers required for compaction as approved. Use additional rollers as required to remove any roller marks. Use only water or an approved release agent on rollers, tamps, and other compaction equipment unless otherwise directed. Use the control strip method shown in Tex-207-F, Part IV, on the first day of production to establish the rolling pattern that will produce the desired in-place air voids unless otherwise directed. Use tamps to thoroughly compact the edges of the pavement along curbs, headers, and similar structures and in locations that will not allow thorough compaction with rollers. The Engineer may require rolling with a trench roller on widened areas, in trenches, and in other limited areas. Complete all compaction operations before the pavement temperature drops below 160°F unless otherwise allowed. The Engineer may allow compaction with a light finish roller operated in static mode for pavement temperatures below 160°F. Allow the compacted pavement to cool to 160°F or lower before opening to traffic unless otherwise directed. Sprinkle the finished mat with water or limewater, when directed, to expedite opening the roadway to traffic. 4.9. Acceptance Plan. Payment adjustments for the material will be in accordance with Article 3077.6., “Payment.” Sample and test the hot-mix on a lot and sublot basis. Suspend production until test results or other information indicates to the satisfaction of the Engineer that the next material produced or placed will result in pay factors of at least 1.000 if the production pay factor given in Section 3077.6.1., “Production Payment Adjustment Factors,” for two consecutive lots or the placement pay factor given in Section 3077.6.2., “Placement Payment Adjustment Factors,” for two consecutive lots is below 1.000. 4.9.1. Referee Testing. The Materials and Tests Division is the referee laboratory. The Contractor may request referee testing if a “remove and replace” condition is determined based on the Engineer’s test results, or if the differences between Contractor and Engineer test results exceed the maximum allowable difference shown in Table 12 and the differences cannot be resolved. The Contractor may also request referee testing if the Engineer’s test results require suspension of production and the Contractor’s test results are within specification limits. Make the request within 5 working days after receiving test results and cores from the Engineer. Referee tests will be performed only on the sublot in question and only for the particular tests in question. Allow 10 working days from the time the referee laboratory receives the samples for test results to be reported. The Department may require the Contractor to reimburse the Department for referee tests if more than three referee tests per project are required and the Engineer’s test results are closer to the referee test results than the Contractor’s test results. The Materials and Tests Division will determine the laboratory-molded density based on the molded specific gravity and the maximum theoretical specific gravity of the referee sample. The in-place air voids will be determined based on the bulk specific gravity of the cores, as determined by the referee laboratory and the Engineer’s average maximum theoretical specific gravity for the lot. With the exception of “remove and replace” conditions, referee test results are final and will establish payment adjustment factors for the sublot in question. The Contractor may decline referee testing and accept the Engineer’s test results when the placement payment adjustment factor for any sublot results in a “remove and replace” condition. Placement sublots subject to be removed and replaced will be further evaluated in accordance with Section 3077.6.2.2., “Placement Sublots Subject to Removal and Replacement.” 4.9.2. Production Acceptance. 4.9.2.1. Production Lot. A production lot consists of four equal sublots. The default quantity for Lot 1 is 1,000 tons; however, when requested by the Contractor, the Engineer may increase the quantity for Lot 1 to no more than 4,000 tons. The Engineer will select subsequent lot sizes based on the anticipated daily production such 283 3077 22 - 32 10-19 Statewide that approximately three to four sublots are produced each day. The lot size will be between 1,000 tons and 4,000 tons. The Engineer may change the lot size before the Contractor begins any lot. If the optimum asphalt binder content for JMF2 is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 to confirm the indirect tensile strength does not exceed 200 psi. Take corrective action to bring the mixture within specification compliance if the indirect tensile strength exceeds 200 psi unless otherwise directed. 4.9.2.1.1. Incomplete Production Lots. If a lot is begun but cannot be completed, such as on the last day of production or in other circumstances deemed appropriate, the Engineer may close the lot. Adjust the payment for the incomplete lot in accordance with Section 3077.6.1., “Production Payment Adjustment Factors.” Close all lots within five working days unless otherwise allowed. 4.9.2.2. Production Sampling. 4.9.2.2.1. Mixture Sampling. Obtain hot-mix samples from trucks at the plant in accordance with Tex-222-F. The sampler will split each sample into three equal portions in accordance with Tex-200-F and label these portions as “Contractor,” “Engineer,” and “Referee.” The Engineer will perform or witness the sample splitting and take immediate possession of the samples labeled “Engineer” and “Referee.” The Engineer will maintain the custody of the samples labeled “Engineer” and “Referee” until the Department’s testing is completed. 4.9.2.2.1.1. Random Sample. At the beginning of the project, the Engineer will select random numbers for all production sublots. Determine sample locations in accordance with Tex-225-F. Take one sample for each sublot at the randomly selected location. The Engineer will perform or witness the sampling of production sublots. 4.9.2.2.1.2. Blind Sample. For one sublot per lot, the Engineer will obtain and test a “blind” sample instead of the random sample collected by the Contractor. Test either the “blind” or the random sample; however, referee testing (if applicable) will be based on a comparison of results from the “blind” sample. The location of the Engineer’s “blind” sample will not be disclosed to the Contractor. The Engineer’s “blind” sample may be randomly selected in accordance with Tex-225-F for any sublot or selected at the discretion of the Engineer. The Engineer will use the Contractor’s split sample for sublots not sampled by the Engineer. 4.9.2.2.2. Informational Shear Bond Strength Testing. Select one random sublot from Lot 2 or higher for shear bond strength testing. Obtain full depth cores in accordance with Tex-249-F. Label the cores with the Control Section Job (CSJ), producer of the tack coat, mix type, shot rate, lot, and sublot number and provide to the Engineer. The Engineer will ship the cores to the Materials and Tests Division or district laboratory for shear bond strength testing. Results from these tests will not be used for specification compliance. 4.9.2.2.3. Asphalt Binder Sampling. Obtain a 1-qt. sample of the asphalt binder witnessed by the Engineer for each lot of mixture produced. The Contractor will notify the Engineer when the sampling will occur. Obtain the sample at approximately the same time the mixture random sample is obtained. Sample from a port located immediately upstream from the mixing drum or pug mill and upstream from the introduction of any additives in accordance with Tex-500-C, Part II. Label the can with the corresponding lot and sublot numbers, producer, producer facility location, grade, district, date sampled, and project information including highway and CSJ. The Engineer will retain these samples for one year. The Engineer may also obtain independent samples. If obtaining an independent asphalt binder sample and upon request of the Contractor, the Engineer will split a sample of the asphalt binder with the Contractor. At least once per project, the Engineer will collect split samples of each binder grade and source used. The Engineer will submit one split sample to MTD to verify compliance with Item 300, “Asphalts, Oils, and Emulsions” and will retain the other split sample for one year. 4.9.2.3. Production Testing. The Contractor and Engineer must perform production tests in accordance with Table 17. The Contractor has the option to verify the Engineer’s test results on split samples provided by the Engineer. Determine compliance with operational tolerances listed in Table 12 for all sublots. 284 3077 23 - 32 10-19 Statewide Take immediate corrective action if the Engineer’s laboratory-molded density on any sublot is less than 95.0% or greater than 97.0% to bring the mixture within these tolerances. The Engineer may suspend operations if the Contractor’s corrective actions do not produce acceptable results. The Engineer will allow production to resume when the proposed corrective action is likely to yield acceptable results. The Engineer may allow alternate methods for determining the asphalt binder content and aggregate gradation if the aggregate mineralogy is such that Tex-236-F, Part I does not yield reliable results. Provide evidence that results from Tex-236-F, Part I are not reliable before requesting permission to use an alternate method unless otherwise directed. Use the applicable test procedure as directed if an alternate test method is allowed. Table 17 Production and Placement Testing Frequency Description Test Method Minimum Contractor Testing Frequency Minimum Engineer Testing Frequency Individual % retained for #8 sieve and larger Tex-200-F or Tex-236-F 1 per sublot 1 per 12 sublots1 Individual % retained for sieves smaller than #8 and larger than #200 % passing the #200 sieve Laboratory-molded density Tex-207-F N/A 1 per sublot1 Laboratory-molded bulk specific gravity In-place air voids VMA Tex-204-F Segregation (density profile) Tex-207-F, Part V 1 per sublot2 1 per project Longitudinal joint density Tex-207-F, Part VII Moisture content Tex-212-F, Part II When directed Theoretical maximum specific (Rice) gravity Tex-227-F N/A 1 per sublot1 Asphalt binder content Tex-236-F 1 per sublot 1 per lot1 Hamburg Wheel test Tex-242-F N/A 1 per project Recycled Asphalt Shingles (RAS)3 Tex-217-F, Part III N/A Thermal profile Tex-244-F 1 per sublot2 Asphalt binder sampling and testing Tex-500-C, Part II 1 per lot (sample only)4 Tack coat sampling and testing Tex-500-C, Part III N/A Boil test5 Tex-530-C 1 per lot Shear Bond Strength Test6 Tex-249-F 1 per project (sample only) 1. For production defined in Section 3077.4.9.4., “Exempt Production,” the Engineer will test one per day if 100 tons or more are produced. For Exempt Production, no testing is required when less than 100 tons are produced. 2. To be performed in the presence of the Engineer, unless otherwise approved. Not required when a thermal imaging system is used. 3. Testing performed by the Materials and Tests Division or designated laboratory. 4. Obtain samples witnessed by the Engineer. The Engineer will retain these samples for one year. 5. The Engineer may reduce or waive the sampling and testing requirements based on a satisfactory test history. 6. Testing performed by the Materials and Tests Division or District for informational purposes only. 4.9.2.4. Operational Tolerances. Control the production process within the operational tolerances listed in Table 12. When production is suspended, the Engineer will allow production to resume when test results or other information indicates the next mixture produced will be within the operational tolerances. 4.9.2.4.1. Gradation. Suspend operation and take corrective action if any aggregate is retained on the maximum sieve size shown in Table 8. A sublot is defined as out of tolerance if either the Engineer’s or the Contractor’s test results are out of operational tolerance. Suspend production when test results for gradation exceed the operational tolerances in Table 12 for three consecutive sublots on the same sieve or four consecutive sublots on any sieve unless otherwise directed. The consecutive sublots may be from more than one lot. 4.9.2.4.2. Asphalt Binder Content. A sublot is defined as out of operational tolerance if either the Engineer’s or the Contractor’s test results exceed the values listed in Table 12. No production or placement payment 285 3077 24 - 32 10-19 Statewide adjustments greater than 1.000 will be paid for any sublot that is out of operational tolerance for asphalt binder content. Suspend production and shipment of the mixture if the Engineer’s or the Contractor’s asphalt binder content deviates from the current JMF by more than 0.5% for any sublot. 4.9.2.4.3. Voids in Mineral Aggregates (VMA). The Engineer will determine the VMA for every sublot. For sublots when the Engineer does not determine asphalt binder content, the Engineer will use the asphalt binder content results from QC testing performed by the Contractor to determine VMA. Take immediate corrective action if the VMA value for any sublot is less than the minimum VMA requirement for production listed in Table 8. Suspend production and shipment of the mixture if the Engineer’s VMA results on two consecutive sublots are below the minimum VMA requirement for production listed in Table 8. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that does not meet the minimum VMA requirement for production listed in Table 8 based on the Engineer’s VMA determination. Suspend production and shipment of the mixture if the Engineer’s VMA result is more than 0.5% below the minimum VMA requirement for production listed in Table 8. In addition to suspending production, the Engineer may require removal and replacement or may allow the sublot to be left in place without payment. 4.9.2.4.4. Hamburg Wheel Test. The Engineer may perform a Hamburg Wheel test at any time during production, including when the boil test indicates a change in quality from the materials submitted for JMF1. In addition to testing production samples, the Engineer may obtain cores and perform Hamburg Wheel tests on any areas of the roadway where rutting is observed. Suspend production until further Hamburg Wheel tests meet the specified values when the production or core samples fail the Hamburg Wheel test criteria in Table 11. Core samples, if taken, will be obtained from the center of the finished mat or other areas excluding the vehicle wheel paths. The Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor’s expense. If the Department’s or Department approved laboratory’s Hamburg Wheel test results in a “remove and replace” condition, the Contractor may request that the Department confirm the results by re-testing the failing material. The Materials and Tests Division will perform the Hamburg Wheel tests and determine the final disposition of the material in question based on the Department’s test results. 4.9.2.5. Individual Loads of Hot-Mix. The Engineer can reject individual truckloads of hot-mix. When a load of hot- mix is rejected for reasons other than temperature, contamination, or excessive uncoated particles, the Contractor may request that the rejected load be tested. Make this request within 4 hr. of rejection. The Engineer will sample and test the mixture. If test results are within the operational tolerances shown in Table 12, payment will be made for the load. If test results are not within operational tolerances, no payment will be made for the load. 4.9.3. Placement Acceptance. 4.9.3.1. Placement Lot. A placement lot consists of four placement sublots. A placement sublot consists of the area placed during a production sublot. 4.9.3.1.1. Lot 1 Placement. Placement payment adjustments greater than 1.000 for Lot 1 will be in accordance with Section 3077.6.2., “Placement Payment Adjustment Factors;” however, no placement adjustment less than 1.000 will be assessed for any sublot placed in Lot 1 when the in-place air voids are greater than or equal to 2.7% and less than or equal to 9.0%. Remove and replace any sublot with in-place air voids less than 2.7% or greater than 9.0%. 4.9.3.1.2. Incomplete Placement Lots. An incomplete placement lot consists of the area placed as described in Section 3077.4.9.2.1.1., “Incomplete Production Lot,” excluding areas defined in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” Placement sampling is required if the random sample plan for production resulted in a sample being obtained from an incomplete production sublot. 286 3077 25 - 32 10-19 Statewide 4.9.3.1.3. Shoulders, Ramps, Etc. Shoulders, ramps, intersections, acceleration lanes, deceleration lanes, and turn lanes are subject to in-place air void determination and payment adjustments unless designated on the plans as not eligible for in-place air void determination. Intersections may be considered miscellaneous areas when determined by the Engineer. 4.9.3.1.4. Miscellaneous Areas. Miscellaneous areas include areas that typically involve significant handwork or discontinuous paving operations, such as temporary detours, driveways, mailbox turnouts, crossovers, gores, spot level-up areas, and other similar areas. Temporary detours are subject to in-place air void determination when shown on the plans. Miscellaneous areas also include level-ups and thin overlays when the layer thickness specified on the plans is less than the minimum untrimmed core height eligible for testing shown in Table 14. The specified layer thickness is based on the rate of 110 lb./sq. yd. for each inch of pavement unless another rate is shown on the plans. When “level up” is listed as part of the item bid description code, a payment adjustment factor of 1.000 will be assigned for all placement sublots as described in Article3077.6, “Payment.” Miscellaneous areas are not eligible for random placement sampling locations. Compact miscellaneous areas in accordance with Section 3077.4.8., “Compaction.” Miscellaneous areas are not subject to in-place air void determination, thermal profiles testing, segregation (density profiles), or longitudinal joint density evaluations. 4.9.3.2. Placement Sampling. The Engineer will select random numbers for all placement sublots at the beginning of the project. The Engineer will provide the Contractor with the placement random numbers immediately after the sublot is completed. Mark the roadway location at the completion of each sublot and record the station number. Determine one random sample location for each placement sublot in accordance with Tex-225-F. Adjust the random sample location by no more than necessary to achieve a 2-ft. clearance if the location is within 2 ft. of a joint or pavement edge. Shoulders, ramps, intersections, acceleration lanes, deceleration lanes, and turn lanes are always eligible for selection as a random sample location; however, if a random sample location falls on one of these areas and the area is designated on the plans as not subject to in-place air void determination, cores will not be taken for the sublot and a 1.000 pay factor will be assigned to that sublot. Provide the equipment and means to obtain and trim roadway cores on-site. On-site is defined as in close proximity to where the cores are taken. Obtain the cores within one working day of the time the placement sublot is completed unless otherwise approved. Obtain two 6-in. diameter cores side-by-side from within 1 ft. of the random location provided for the placement sublot. For SP-C and SP-D mixtures, 4-in. diameter cores are allowed. Mark the cores for identification, measure and record the untrimmed core height, and provide the information to the Engineer. The Engineer will witness the coring operation and measurement of the core thickness. Visually inspect each core and verify that the current paving layer is bonded to the underlying layer. Take corrective action if an adequate bond does not exist between the current and underlying layer to ensure that an adequate bond will be achieved during subsequent placement operations. Trim the cores immediately after obtaining the cores from the roadway in accordance with Tex-251-F if the core heights meet the minimum untrimmed value listed in Table 14. Trim the cores on-site in the presence of the Engineer. Use a permanent marker or paint pen to record the lot and sublot numbers on each core as well as the designation as Core A or B. The Engineer may require additional information to be marked on the core and may choose to sign or initial the core. The Engineer will take custody of the cores immediately after witnessing the trimming of the coresand will retain custody of the cores until the Department’s testing is completed. Before turning the trimmed cores over to the Engineer, the Contractor may wrap the trimmed cores or secure them in a manner that will reduce the risk of possible damage occurring during transport by the Engineer. After testing, the Engineer will return the cores to the Contractor. The Engineer may have the cores transported back to the Department’s laboratory at the HMA plant via the Contractor’s haul truck or other designated vehicle. In such cases where the cores will be out of the Engineer’s possession during transport, the Engineer will use Department-provided security bags and the Roadway Core Custody protocol located at http://www.txdot.gov/business/specifications.htm to provide a secure means and process that protects the integrity of the cores during transport. 287 3077 26 - 32 10-19 Statewide Decide whether to include the pair of cores in the air void determination for that sublot if the core height before trimming is less than the minimum untrimmed value shown in Table 14. Trim the cores as described above before delivering to the Engineer if electing to have the cores included in the air void determination. Deliver untrimmed cores to the Engineer and inform the Engineer of the decision to not have the cores included in air void determination if electing to not have the cores included in air void determination. The placement pay factor for the sublot will be 1.000 if cores will not be included in air void determination. Instead of the Contractor trimming the cores on-site immediately after coring, the Engineer and the Contractor may mutually agree to have the trimming operations performed at an alternate location such as a field laboratory or other similar location. In such cases, the Engineer will take possession of the cores immediately after they are obtained from the roadway and will retain custody of the cores until testing is completed. Either the Department or Contractor representative may perform trimming of the cores. The Engineer will witness all trimming operations in cases where the Contractor representative performs the trimming operation. Dry the core holes and tack the sides and bottom immediately after obtaining the cores. Fill the hole with the same type of mixture and properly compact the mixture. Repair core holes with other methods when approved. 4.9.3.3. Placement Testing. Perform placement tests in accordance with Table 17. After the Engineer returns the cores, the Contractor may test the cores to verify the Engineer’s test results for in-place air voids. The allowable differences between the Contractor’s and Engineer’s test results are listed in Table 12. 4.9.3.3.1. In-Place Air Voids. The Engineer will measure in-place air voids in accordance with Tex-207-F and Tex-227-F. Before drying to a constant weight, cores may be pre-dried using a CoreDry or similar vacuum device to remove excess moisture. The Engineer will average the values obtained for all sublots in the production lot to determine the theoretical maximum specific gravity. The Engineer will use the average air void content for in-place air voids. The Engineer will use the vacuum method to seal the core if required by Tex-207-F. The Engineer will use the test results from the unsealed core to determine the placement payment adjustment factor if the sealed core yields a higher specific gravity than the unsealed core. After determining the in-place air void content, the Engineer will return the cores and provide test results to the Contractor. 4.9.3.3.2. Segregation (Density Profile). Test for segregation using density profiles in accordance with Tex-207-F, Part V when using a thermal camera instead of the thermal imaging system. Density profiles are not required and are not applicable when using a thermal imaging system. Density profiles are not applicable in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” Perform a minimum of one density profile per sublot. Perform additional density profiles when any of the following conditions occur, unless otherwise approved:  the paver stops due to lack of material being delivered to the paving operations and the temperature of the uncompacted mat before the initial break down rolling is less than the temperatures shown in Table 18;  areas that are identified by either the Contractor or the Engineer with thermal segregation;  any visibly segregated areas that exist. 288 3077 27 - 32 10-19 Statewide Table 18 Minimum Uncompacted Mat Temperature Requiring a Segregation Profile High-Temperature Binder Grade1 Minimum Temperature of the Uncompacted Mat Allowed Before Initial Break Down Rolling2,3,4 PG 64 <250˚F PG 70 <260˚F PG 76 <270˚F 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Segregation profiles are required in areas with moderate and severe thermal segregation as described in Section 3077.4.7.3.1.3. 3. Minimum uncompacted mat temperature requiring a segregation profile may be reduced 10°F if using a chemical WMA additive as a compaction aid. 4. When using WMA, the minimum uncompacted mat temperature requiring a segregation profile is 215°F. Provide the Engineer with the density profile of every sublot in the lot within one working day of the completion of each lot. Report the results of each density profile in accordance with Section 3077.4.2., “Reporting and Responsibilities.” The density profile is considered failing if it exceeds the tolerances in Table 19. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains a failing density profile. When a hand-held thermal camera is used instead of a thermal imaging system, the Engineer will measure the density profile at least once per project. The Engineer’s density profile results will be used when available. The Engineer may require the Contractor to remove and replace the area in question if the area fails the density profile and has surface irregularities as defined in Section 3077.4.9.3.3.5., “Irregularities.” The sublot in question may receive a production and placement payment adjustment greater than 1.000, if applicable, when the defective material is successfully removed and replaced. Investigate density profile failures and take corrective actions during production and placement to eliminate the segregation. Suspend production if two consecutive density profiles fail unless otherwise approved. Resume production after the Engineer approves changes to production or placement methods. Table 19 Segregation (Density Profile) Acceptance Criteria Mixture Type Maximum Allowable Density Range (Highest to Lowest) Maximum Allowable Density Range (Average to Lowest) SP-B 8.0 pcf 5.0 pcf SP-C & SP-D 6.0 pcf 3.0 pcf 4.9.3.3.3. Longitudinal Joint Density. 4.9.3.3.3.1. Informational Tests. Perform joint density evaluations while establishing the rolling pattern and verify that the joint density is no more than 3.0 pcf below the density taken at or near the center of the mat. Adjust the rolling pattern, if needed, to achieve the desired joint density. Perform additional joint density evaluations at least once per sublot unless otherwise directed. 4.9.3.3.3.2. Record Tests. Perform a joint density evaluation for each sublot at each pavement edge that is or will become a longitudinal joint. Joint density evaluations are not applicable in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” Determine the joint density in accordance with Tex-207-F, Part VII. Record the joint density information and submit results on Department forms to the Engineer. The evaluation is considered failing if the joint density is more than 3.0 pcf below the density taken at the core random sample location and the correlated joint density is less than 90.0%. The Engineer will make independent joint density verification at least once per project and may make independent joint density 289 3077 28 - 32 10-19 Statewide verifications at the random sample locations. The Engineer’s joint density test results will be used when available. Provide the Engineer with the joint density of every sublot in the lot within one working day of the completion of each lot. Report the results of each joint density in accordance with Section 3077.4.2., “Reporting and Responsibilities.” Investigate joint density failures and take corrective actions during production and placement to improve the joint density. Suspend production if the evaluations on two consecutive sublots fail unless otherwise approved. Resume production after the Engineer approves changes to production or placement methods. 4.9.3.3.4. Recovered Asphalt Dynamic Shear Rheometer (DSR). The Engineer may take production samples or cores from suspect areas of the project to determine recovered asphalt properties. Asphalt binders with an aging ratio greater than 3.5 do not meet the requirements for recovered asphalt properties and may be deemed defective when tested and evaluated by the Materials and Tests Division. The aging ratio is the DSR value of the extracted binder divided by the DSR value of the original unaged binder. Obtain DSR values in accordance with AASHTO T 315 at the specified high temperature performance grade of the asphalt. The Engineer may require removal and replacement of the defective material at the Contractor’s expense. The asphalt binder will be recovered for testing from production samples or cores in accordance with Tex-211-F. 4.9.3.3.5. Irregularities. Identify and correct irregularities including segregation, rutting, raveling, flushing, fat spots, mat slippage, irregular color, irregular texture, roller marks, tears, gouges, streaks, uncoated aggregate particles, or broken aggregate particles. The Engineer may also identify irregularities, and in such cases, the Engineer will promptly notify the Contractor. If the Engineer determines that the irregularity will adversely affect pavement performance, the Engineer may require the Contractor to remove and replace (at the Contractor’s expense) areas of the pavement that contain irregularities. The Engineer may also require the Contractor to remove and replace (at the Contractor’s expense) areas where the mixture does not bond to the existing pavement. If irregularities are detected, the Engineer may require the Contractor to immediately suspend operations or may allow the Contractor to continue operations for no more than one day while the Contractor is taking appropriate corrective action. 4.9.4. Exempt Production. The Engineer may deem the mixture as exempt production for the following conditions:  anticipated daily production is less than 500 tons;  total production for the project is less than 5,000 tons;  when mutually agreed between the Engineer and the Contractor; or  when shown on the plans. For exempt production, the Contractor is relieved of all production and placement QC/QA sampling and testing requirements, except for coring operations when required by the Engineer. The production and placement pay factors are 1.000 if the specification requirements listed below are met, all other specification requirements are met, and the Engineer performs acceptance tests for production and placement listed in Table 17 when 100 tons or more per day are produced:  produce, haul, place, and compact the mixture in compliance with the specification and as directed;  control mixture production to yield a laboratory-molded density that is within ±1.0% of the target laboratory-molded density as tested by the Engineer;  compact the mixture in accordance with Section 3077.4.8., “Compaction”; and  when a thermal imaging system is not used, the Engineer may perform segregation (density profiles) and thermal profiles in accordance with the specification. 4.9.5. Ride Quality. Measure ride quality in accordance with Item 585, “Ride Quality for Pavement Surfaces,” unless otherwise shown on the plans. 290 3077 29 - 32 10-19 Statewide 5. MEASUREMENT 5.1. Superpave Mixtures. Hot mix will be measured by the ton of composite hot-mix, which includes asphalt, aggregate, and additives. Measure the weight on scales in accordance with Item 520, “Weighing and Measuring Equipment.” 5.2. Tack Coat. Tack coat will be measured at the applied temperature by strapping the tank before and after road application and determining the net volume in gallons from the calibrated distributor. The Engineer will witness all strapping operations for volume determination. All tack, including emulsions, will be measure by the gallon applied. The Engineer may allow the use of a metering device to determine the asphalt volume used and application rate if the device is accurate within 1.5% of the strapped volume. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under Article 3077.5.1, “Measurement,” will be paid for at the unit bid price for “Superpave Mixtures” of the mixture type, SAC, and binder specified. These prices are full compensation for surface preparation, materials, placement, equipment, labor, tools, and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under Article 3077.5.2, “Measurement,” will be paid for at the unit bid price for “Tack Coat” of the tack coat provided. These prices are full compensation for materials, placement, equipment, labor, tools, and incidentals. Payment adjustments will be applied as determined in this Item; however, a payment adjustment factor of 1.000 will be assigned for all placement sublots for “level ups” only when “level up” is listed as part of the item bid description code. A payment adjustment factor of 1.000 will be assigned to all production and placement sublots when “exempt” is listed as part of the item bid description code, and all testing requirements are met. Payment for each sublot, including applicable payment adjustments greater than 1.000, will only be paid for sublots when the Contractor supplies the Engineer with the required documentation for production and placement QC/QA, thermal profiles, segregation density profiles, and longitudinal joint densities in accordance with Section 3077.4.2., “Reporting and Responsibilities.” When a thermal imaging system is used, documentation is not required for thermal profiles or segregation density profiles on individual sublots; however, the thermal imaging system automated reports described in Tex-244-F are required. Trial batches will not be paid for unless they are included in pavement work approved by the Department. Payment adjustment for ride quality will be determined in accordance with Item 585, “Ride Quality for Pavement Surfaces.” 6.1. Production Payment Adjustment Factors. The production payment adjustment factor is based on the laboratory-molded density using the Engineer’s test results. The bulk specific gravities of the samples from each sublot will be divided by the Engineer’s maximum theoretical specific gravity for the sublot. The individual sample densities for the sublot will be averaged to determine the production payment adjustment factor in accordance with Table 20 for each sublot using the deviation from the target laboratory-molded density defined in Table 10. The production payment adjustment factor for completed lots will be the average of the payment adjustment factors for the four sublots sampled within that lot. 291 3077 30 - 32 10-19 Statewide Table 20 Production Payment Adjustment Factors for Laboratory-Molded Density1 Absolute Deviation from Target Laboratory-Molded Density Production Payment Adjustment Factor (Target Laboratory-Molded Density) 0.0 1.075 0.1 1.075 0.2 1.075 0.3 1.066 0.4 1.057 0.5 1.047 0.6 1.038 0.7 1.029 0.8 1.019 0.9 1.010 1.0 1.000 1.1 0.900 1.2 0.800 1.3 0.700 > 1.3 Remove and replace 1. If the Engineer’s laboratory-molded density on any sublot is less than 95.0% or greater than 97.0%, take immediate corrective action to bring the mixture within these tolerances. The Engineer may suspend operations if the Contractor’s corrective actions do not produce acceptable results. The Engineer will allow production to resume when the proposed corrective action is likely to yield acceptable results. 6.1.1. Payment for Incomplete Production Lots. Production payment adjustments for incomplete lots, described under Section 3077.4.9.2.1.1., “Incomplete Production Lots,” will be calculated using the average production pay factors from all sublots sampled. A production payment factor of 1.000 will be assigned to any lot when the random sampling plan did not result in collection of any samples within the first sublot. 6.1.2. Production Sublots Subject to Removal and Replacement. If after referee testing, the laboratory-molded density for any sublot results in a “remove and replace” condition as listed in Table 20, the Engineer may require removal and replacement or may allow the sublot to be left in place without payment. The Engineer may also accept the sublot in accordance with Section 3077.5.3.1., “Acceptance of Defective or Unauthorized Work.” Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. 6.2. Placement Payment Adjustment Factors. The placement payment adjustment factor is based on in-place air voids using the Engineer’s test results. The bulk specific gravities of the cores from each sublot will be divided by the Engineer’s average maximum theoretical specific gravity for the lot. The individual core densities for the sublot will be averaged to determine the placement payment adjustment factor in accordance with Table 21 for each sublot that requires in-place air void measurement. A placement payment adjustment factor of 1.000 will be assigned to the entire sublot when the random sample location falls in an area designated on the plans as not subject to in-place air void determination. A placement payment adjustment factor of 1.000 will be assigned to quantities placed in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” The placement payment adjustment factor for completed lots will be the average of the placement payment adjustment factors for up to four sublots within that lot. 292 3077 31 - 32 10-19 Statewide Table 21 Placement Payment Adjustment Factors for In-Place Air Voids In-Place Air Voids Placement Payment Adjustment Factor In-Place Air Voids Placement Payment Adjustment Factor < 2.7 Remove and Replace 5.9 1.048 2.7 0.710 6.0 1.045 2.8 0.740 6.1 1.042 2.9 0.770 6.2 1.039 3.0 0.800 6.3 1.036 3.1 0.830 6.4 1.033 3.2 0.860 6.5 1.030 3.3 0.890 6.6 1.027 3.4 0.920 6.7 1.024 3.5 0.950 6.8 1.021 3.6 0.980 6.9 1.018 3.7 1.000 7.0 1.015 3.8 1.015 7.1 1.012 3.9 1.030 7.2 1.009 4.0 1.045 7.3 1.006 4.1 1.060 7.4 1.003 4.2 1.075 7.5 1.000 4.3 1.075 7.6 0.980 4.4 1.075 7.7 0.960 4.5 1.075 7.8 0.940 4.6 1.075 7.9 0.920 4.7 1.075 8.0 0.900 4.8 1.075 8.1 0.880 4.9 1.075 8.2 0.860 5.0 1.075 8.3 0.840 5.1 1.072 8.4 0.820 5.2 1.069 8.5 0.800 5.3 1.066 8.6 0.780 5.4 1.063 8.7 0.760 5.5 1.060 8.8 0.740 5.6 1.057 8.9 0.720 5.7 1.054 9.0 0.700 5.8 1.051 > 9.0 Remove and Replace 6.2.1. Payment for Incomplete Placement Lots. Payment adjustments for incomplete placement lots described under Section 3077.4.9.3.1.2., “Incomplete Placement Lots,” will be calculated using the average of the placement pay factors from all sublots sampled and sublots where the random location falls in an area designated on the plans as not eligible for in-place air void determination. If the random sampling plan results in production samples, but not in placement samples, the random core location and placement adjustment factor for the sublot will be determined by applying the placement random number to the length of the sublot placed. If the random sampling plan results in placement samples, but not in production samples, no placement adjustment factor will apply for that sublot placed. A placement payment adjustment factor of 1.000 will be assigned to any lot when the random sampling plan did not result in collection of any production samples. 6.2.2. Placement Sublots Subject to Removal and Replacement. If after referee testing, the placement payment adjustment factor for any sublot results in a “remove and replace” condition as listed in Table 21, the Engineer will choose the location of two cores to be taken within 3 ft. of the original failing core location. The Contractor will obtain the cores in the presence of the Engineer. The Engineer will take immediate possession of the untrimmed cores and submit the untrimmed cores to the Materials and Tests Division, 293 3077 32 - 32 10-19 Statewide where they will be trimmed, if necessary, and tested for bulk specific gravity within 10 working days of receipt. The bulk specific gravity of the cores from each sublot will be divided by the Engineer’s average maximum theoretical specific gravity for the lot. The individual core densities for the sublot will be averaged to determine the new payment adjustment factor of the sublot in question. If the new payment adjustment factor is 0.700 or greater, the new payment adjustment factor will apply to that sublot. If the new payment adjustment factor is less than 0.700, no payment will be made for the sublot. Remove and replace the failing sublot, or the Engineer may allow the sublot to be left in place without payment. The Engineer may also accept the sublot in accordance with Section 3077.5.3.1., “Acceptance of Defective or Unauthorized Work.” Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. 6.3. Total Adjusted Pay Calculation. Total adjusted pay (TAP) will be based on the applicable payment adjustment factors for production and placement for each lot. TAP = (A+B)/2 where: A = Bid price × production lot quantity × average payment adjustment factor for the production lot B = Bid price × placement lot quantity × average payment adjustment factor for the placement lot + (bid price × quantity placed in miscellaneous areas × 1.000) Production lot quantity = Quantity actually placed - quantity left in place without payment Placement lot quantity = Quantity actually placed - quantity left in place without payment - quantity placed in miscellaneous areas 294 6010 1 - 17 03-15 Statewide Special Specification 6010 Closed Circuit Television (CCTV) Field Equipment 1. DESCRIPTION Furnish, install, relocate, or remove closed circuit television (CCTV) field equipment at locations shown on the plans, or as directed. 2. MATERIALS 2.1. General Requirements. Fabricate, provide, assemble, and install materials that are new, corrosion resistant and in strict accordance with the details shown on the plans and in the specifications. Provide CCTV field equipment that is compatible with software currently in operation in order to interface with the existing equipment and software located in the Department’s Traffic Management Control (TMC) Centers across the state. CCTV field equipment to include the following:  color video camera units,  camera lenses, filters, control circuits and accessories,  camera housing,  medium duty pan and tilt units with click and drag position control,  camera control receivers,  local field control unit (if required for operation),  video and camera control and power cable connectors and assemblies,  video, data, and power surge suppression, and  built-in ID generator. 2.2. Functional Requirements for Analog CCTV. Provide color video cameras that are solid state design and that meet the following functional requirements: 2.2.1. General. 2.2.1.1. Digital Signal Processing (DSP):  digital zoom with manual override functionality,  auto and manual iris control,  auto and manual exposure control with built in frame buffer,  auto and manual focus control, and  built-in ID generator, with white letters on black outline minimum or approved equivalent. 2.2.1.2. Image Pickup Device. Single chip interline transfer solid state color matrix charge-coupled device (CCD) or complementary metal-oxide semiconductor (CMOS) sensor. Provide a sensor having a minimum of 752 (H) X 480 (V) effective pixels. 2.2.1.3. Resolution. Greater than 350 lines vertical and greater than 460 lines horizontal, interlaced 2:1, measured per EIA-170A Standard. No discernible interlace jitter or line pairing on the viewing monitor. System limiting resolution that conforms to FCC regulations for broadcast signals. 2.2.1.4. Frame Rate. Adjustable frame rate frequency up to 30 frames per second. 295 6010 2 - 17 03-15 Statewide 2.2.1.5. Encoded NTSC Video Signal Format. Conformance to the National Television Standards Committee (NTSC) specification and produce NTSC compatible video in accordance with EIA-170A Standard, governed by the Electronic Components Association (ECA), for video output 1 V p-p composite also known as 140 IRE units per Institute of Radio Engineers (IRE). Provide up to 16 dB automatic gain control (AGC). 2.2.1.6. Output Impedance. 75 ohms ± 5%. 2.2.1.7. Aspect Ratio. Width to height aspect ratio of 4:3. 2.2.1.8. Image Quality. Ability to produce clear, free from distortion, usable video images of the areas, vehicles, objects, and other subjects visible from a roadside CCTV site. Ensure that video produced by the camera is true, accurate, distortion free, and free from transfer smear, oversaturation, and any other image defect that negatively impacts image quality under all lighting and weather conditions in both color and monochromatic modes. 2.2.1.9. Over Exposure Protection. Minimize glare and incur no permanent damage to the camera when pointed directly at strong light sources, including the sun, for brief periods of time. 2.2.1.10. Geometric Distortion. Zero. 2.2.1.11. Signal to Noise Ratio (AGC Off). 50 dB Minimum (weighted at 4.5 MHz). 2.2.1.12. Electronic Shutter Speed. Automatic shutter that is user selectable down to at least 1/10,000 sec. 2.2.1.13. Electronic Image Stabilization. User selectable on or off electronic image stabilization at 5 Hz and 10 Hz minimum. 2.2.1.14. Day (Color) and Night (Mono). Auto and manual switchover and iris control with user selectable modes for auto and manual control capabilities. 2.2.1.15. Auto White Balance. Color quality that is maintained by a continuous through the lens automatic white balance for color temperatures from 2850 K to greater than 5100 K with less than 10 IRE units unbalance. 2.2.1.16. Inverted Operation. Automatic or manual activation image inversion or “flip” operation when rotating through 0° or 180° vertical tilt positions. 2.2.1.17. Mean Time Before Failure. A minimum of 43,800 hr. or 5 yr. without mechanical malfunction or failure. Act of God failures are exempt. 2.2.2. Lens. Provide an integral lens assembly for each camera with the following features:  an f/1.6 or better glass multi-coated zoom lens with variable focal lengths with a minimum 30X zoom range,  10X auto and manual digital zoom minimum, and  automatic and manual focus and iris control. Provide lenses with capabilities for remote control of the zoom, focus, and iris operations. Mechanical or electrical means provided to protect the motors from overrunning in extreme positions. Lens and controller system capable of both auto iris and remote manual iris operation. Capabilities of lens for auto and manual zoom and focus control. Motorized iris as opposed to auto iris type, for system control capability. 2.2.3. Network Interface Requirements. Provide equipment that is compatible with the Department’s Lonestar™ software and can be integrated into the Department’s TMC CCTV control sub-systems through NTCIP 1205 Version 1.08 or latest Department approved version, Open Network Video Interface Forum (ONVIF), or approved equal. Support Cohu, Pelco D, Pelco P protocols, or approved equal for control. 296 6010 3 - 17 03-15 Statewide Provide equipment that is compatible with other devices using Telecommunications Industry Association/Electronic Industries Alliance (TIA/EIA)-232 or EIA-422/485 at a rate of 9600 bps. Provide camera equipment that supports local and remote configuration and management. Configuration and management functions must include access to all user-programmed features, including but not limited to, network configuration, video settings, device monitoring, control setting, and security functions. Configuration and management is achieved through serial login, telnet login, web-based interface, or manufacturer software. Provide manufacturer software with camera for local configuration, system maintenance and management control. 2.3. Functional Requirements for Digital CCTV. Provide color video cameras that produce digital video in standard definition or high definition that meet the following functional requirements: 2.3.1. General. 2.3.1.1. Digital Signal Processing (DSP):  digital zoom,  auto and manual iris control,  auto and manual exposure control with built in frame buffer,  auto and manual focus control, and  built-in ID generator, with white letters on black outline minimum or approved equivalent. 2.3.1.2. Image Pickup Device. 1.2 megapixel (1,200,000 pixels), or better, progressive scan digital CCD or CMOS sensor. 2.3.1.3. Resolution. Support the following resolutions:  720p (1280 x 720 pixel array),  D1 (720 x 480 pixel array),  CIF (352 x 240 pixel array), and  VGA (640 x 480 pixel array) at a minimum dependent on video stream configuration. 2.3.1.4. Frame Rate. Allow user selectable frame rates at 30, 15, 7, 4, 2, and 1 frames per second. 2.3.1.5. Data Rate. Scalable from 64 kbps to 8 Mbps 2.3.1.6. Video Stream Format. Allow simultaneous encoding and transmission, of a minimum, two configurable digital video streams in conformance with the Moving Picture Experts Group’s MPEG-4 part 10 (H.264) and Motion JPEG (MJPEG) video compression technology in accordance with the ISO and IEC requirements detailed in the ISO/IEC 14496-10 standard or most current version. Support configuration of the following at a minimum:  H.264,  MJPEG,  H.264 + H.264, and  H.264 + MJPEG. 2.3.1.7. Video Stream. Support both uni-cast (one-to-one) and multi-cast (one-to-many). 2.3.1.8. Aspect Ratio. Support width to height aspect ratio of 4:3 or 16:9 dependent on TMC monitor video format functionality. 2.3.1.9. Image Quality. Ensure that video produced by the camera is true, accurate, distortion free, and free from transfer smear, oversaturation, and any other image defect that negatively impacts image quality under all lighting and weather conditions in both color and monochromatic modes. 297 6010 4 - 17 03-15 Statewide 2.3.1.10. Wide Dynamic Range (WDR). Operation with manual override option. 2.3.1.11. Over Exposure Protection. Minimize glare and incur no permanent damage to the camera when pointed directly at strong light sources, including the sun, for brief periods of time. 2.3.1.12. Geometric Distortion. Zero. 2.3.1.13. Signal to Noise Ratio (AGC Off). 50 dB minimum (weighted at 4.5 MHz). 2.3.1.14. Electronic Shutter Speed. Automatic shutter that is user selectable down to at least 1/10,000 sec. 2.3.1.15. Electronic Image Stabilization. User selectable on or off electronic image stabilization at 5 Hz and 10 Hz minimum. 2.3.1.16. Day (Color) and Night (Mono). Auto and manual switchover and iris control with user selectable modes for auto and manual control capabilities. 2.3.1.17. Auto White Balance. Color quality that is maintained by a continuous through the lens automatic white balance for color temperatures from 2850 K to greater than 5100 K with less than 10 IRE units unbalance. 2.3.1.18. Inverted Operation. Automatic image inversion or “flip” when rotating through 0° or 180° vertical tilt positions when not an integrated unit. 2.3.1.19. Mean Time Before Failure. A minimum of 43,800 hr. or 5 yr. without mechanical malfunction or failure. Act of God failures are exempt. 2.3.2. Lens. Provide an integral lens assembly for each camera with the following features:  an f/1.6 or better glass multi-coated zoom lens with variable focal lengths with a minimum 18X zoom range,  10X auto and manual digital zoom minimum, and  automatic and manual focus and iris control. Provide lenses with capabilities for remote control of the zoom, focus, and iris operations. Mechanical or electrical means provided to protect the motors from overrunning in extreme positions. Lens and controller system capable of both auto iris and remote manual iris operation. Capabilities of lens for auto and manual zoom and focus control. Motorized iris as opposed to auto iris type, for system control capability. 2.3.3. Network Interface Requirements. Provide CCTV field equipment that can integrate with the Department’s Lonestar™ software and can be integrated into the Department’s TMC CCTV control sub-systems through NTCIP 1205 Version 1.08 or higher, Open Network Video Interface Forum (ONVIF), or approved equal. Support Cohu, Pelco D or Pelco P protocols, or approved equal for control. Provide camera equipment with a Local Area Network (LAN) connection that supports the requirements detailed in the IEEE 802.3 Standard for 10/100 Ethernet connections for half-duplex or full-duplex and provide auto negotiation. Provide equipment with a minimum of 1 Ethernet port, which has a 10/100 Base-TX connection. Provide connectors that conform to EIA and TIA requirements. Support, at a minimum, RTP, RTSP, UDP/IP, TCP/IP, IPv4, HTTP, IGMPv2, DHCP, NTP, IEEE 802.1x, Ethernet 802.3u, and Telnet. Provide camera equipment that supports local and remote configuration and management. Configuration and management functions must include access to all user-programmed features, including but not limited to, network configuration, video settings, device monitoring, control setting, and security functions. Configuration 298 6010 5 - 17 03-15 Statewide and management is achieved through serial login, telnet login, web-based interface, or manufacturer software. Provide manufacturer software with camera for local configuration, system maintenance and management control. 2.4. Cable Assembly. Provide camera power and communication cable assembly equipped with cables used for video feed, camera control including PTZ function, communications signaling, and power supply. Camera power and communication cable can be configured as a composite cable or series of isolated cables. The following cable functions may be required depending on the data and video communication interface requirements, as shown on the plans. 2.4.1. Serial. Provide shielded twisted pair serial based communication cable rated for outdoor use in conformance to EIA RS-232/422/485 Standards, governed by the Electronic Components Association (ECA). Provide serial based conversion hardware, if necessary, to achieve this function. 2.4.2. Video. Provide coaxial cable, rated for outdoor use, between the camera and the communications equipment interface that is a mid-range RG-59/U type with a solid center conductor with 100% shield coverage, with a cellular polyethylene dielectric, or a cable as recommended by the manufacturer of the CCTV field equipment. 2.4.3. Ethernet. Provide a shielded twisted pair (STP) Category 5E (or equivalent) at a minimum rated for outdoor use in conformance to TIA/EIA 568B Standard. Cable must not exceed an attenuation of 30 dB per 300 ft. of cable at 100 MHz. 2.4.4. Power. Provide 3-wire, insulated for 300 V minimum, 115 VAC or 24 VAC power cabling between the camera and the power supply. If 24 VAC power is required, provide needed power supply conversion equipment. Power may be achieved through Power over Ethernet (PoE) through a power supply or mid-span PoE injector, to be subsidiary to the camera unit, and must conform to the IEEE 802.3af or IEEE 802.3at standard or latest revision. Provide power and communication cable assembly the entire length of the camera support structure from the camera to the cabinet with an additional 25 ft. of slack in the cabinet. Determine the appropriate length required for each site. The cable assembly is subsidiary to the camera unit. Provide any necessary data, video, or power conversion hardware necessary to successfully integrate the camera unit into the field equipment cabinet hardware components and onto the communications backbone. 2.5. Video Encoding Interoperability. Digital video encoders and decoders are necessary to convert the analog signal to digital, transport digital packets via UDP/IP over fiber optic, copper Ethernet, wireless, or leased line networks and convert the digital packets back to an analog signal for viewing on a display monitor. Video encoding and decoding equipment may be achieved through software or hardware means. Ensure camera’s encoded video is interoperable with hardware and software decoders from other manufacturers. Ensure the camera’s encoded video can be decoded by a minimum of two other manufacturer’s software or hardware decoders that are currently in use by the Department. Contact the Department for decoders supported prior to procurement of camera unit. 2.6. Camera Housing. Provide camera housing assembly and hardware material that reflects sunlight. Provide camera housing with a sunshield to reduce the solar heating of the camera. The total weight of the camera (including housing, sunshield, and all internal components) must not exceed 35 lb. Construct viewing window in such a way that unrestricted camera views can be obtained at all camera and lens positions. Provide gaskets at cable entry point to the camera housing to prevent moisture or dust entry. 299 6010 6 - 17 03-15 Statewide When shown on the plans or identified in the general notes, provide heating or cooling functionality with temperature sensors to maintain internal temperatures within the manufacturer required operating temperature range. 2.7. Pan-Tilt Unit. Furnish and install a medium duty anodized aluminum weatherproof pan-tilt-unit at each camera site, conforming to National Electrical Manufacturer’s Association (NEMA) 4X and IP-66 rating or better, when not integral to the camera unit and housing. Provide mounting adapter and required attachment hardware to install the pan-tilt-unit to the pole or mounting bracket. Identify the type of mounting bracket and bolt pattern on shop drawings. Provide a unit capable of a minimum of 180° vertical range of movement and horizontal movement of 360°, full, continuous rotation movement. Provide a unit that has a pan and tilt speed of 20° per second minimum and is user adjustable through the full speed range. Unit must be capable of simultaneous pan-tilt movements with variable pan-tilt positioning control allowing variable speeds that are proportional through the zoom range. Provide pan-tilt unit with a drive accuracy and drive repeatability of less than 1° and has an automatic pre- position speed of 120° per second minimum to a user defined preset position that is user adjustable. Provide a pan-tilt unit, when not integral to the camera housing, capable of maintaining static position and does not move by more than 1.0° in any direction in speeds greater than 35 mph. Ensure that the pan-tilt unit has seals and gaskets to protect the motors, gears, and cables and that the seals and gaskets are resistant to ozone, ultraviolet radiation, and other pollutants inherent to all local environmental conditions. When shown on the plans or identified in the general notes, provide pan-tilt unit with heater that conforms to NEMA 4X standard when not integral to the camera unit and housing. 2.8. Preset Functions. Provide a camera unit capable of storing a minimum 62 presets for pan, tilt, zoom, and focus settings. Provide a camera unit capable of user programmable tours with a minimum of 4 tours of up to 32 presets per tour. Any tours may be programmed for panning tours. Provide a camera unit capable of user programmable sector zones with a minimum of 8 zones allowing right and left pan limitations. Provide a camera unit capable of user programmable privacy zones with a minimum of 8 zones. Capable of click and drag position control through software. 2.9. Control Receivers. Provide a camera unit with an integrated camera control receiver, unless otherwise directed, that will execute all camera and lens functions as well as forward communication of commands for the pan-tilt functions to the pan-tilt control receiver. Mount the pan-tilt control receiver inside the pan-tilt unit. The control receiver receives the data from the camera controller, it decodes the digital command data signals transmitted through the communication transmission interface, checks for errors, and acts on valid data to drive the pan-tilt unit and the camera controls. Local field control is achieved through compatible control software on a laptop or through local control unit hardware located inside the field cabinet that can be EIA 19 in. rack or shelf mountable. Document that the camera control receiver and pan-tilt control receiver will execute all camera, lens, and pan-tilt functions through a laptop interface or through use of the local control unit hardware. Provide local control unit hardware only when shown on the plans or identified in the general notes. 300 6010 7 - 17 03-15 Statewide 2.10. Connectors. Provide and install connectors that are compatible with the communications equipment interfaces identified in Article 2.3.3 and Article 2.4. Supply all mating connectors. Provide all connector pins and mating connectors that are plated to achieve good electrical connection and resistance to corrosion. 2.11. Source ID Generator. Use a built-in ID Generator to insert camera ID over each of the camera-generated videos. Provide a minimum of 2 lines of alpha numeric, case specific, text supporting a minimum of 20 ASCII characters per line, with a minimum character height of 20 pixels, that is user programmable for displaying any combination of ID information consisting of camera, preset, privacy mask, low pressure warning, compass, and time and date at a minimum. Allow user selectable location of text to be displayed on the video image at the extreme top or bottom. Text display on the side of the image display prohibited . Automatically display the programmed ID with its associated video signal that can be turned on or off by user command. In the event of loss of signal or video signal failure, ID Generator automatically passes through failure message to display over video. Submit list of available text displays to the Department as part of documentation requirements. 2.12. Cabinet Installation. Install video communication equipment in a pole mounted equipment cabinet or in a ground mounted equipment cabinet as shown on the plans. Meet the following criteria: Contains all the lightning protection devices for data and video. Grounded to earth ground. Provide connectors for all inputs and outputs for data and video and additional ports for testing video and communications. Use the external connectors for testing and for connections to communication devices. 2.13. Surge Protection. Provide surge protection for the camera meeting the following requirements:  mounting adapter – Electrically bonded to mounting structure,  pan-tilt mechanism – Electrically bonded to mounting adapter,  camera housing – Electrically bonded to pan-tilt mechanism, and  power and control cable surge protector – Integrated into cabinet surge protection system. 2.14. Power Requirements. Provide CCTV field equipment meeting all of its specified requirements when the input power is 115 VAC ± 20%, 60 Hz ± 3 Hz, and that maximum power required does not exceed 200 W including optional equipment. Provide appropriate voltage conversion, power injectors, or other power supply hardware if the camera equipment or any camera-related ancillary devices requires operating voltages other than 115 VAC ± 20%, such as 24 VAC, 12 VDC from solar power systems, or rely on PoE. Appropriate voltage converters or injectors must accept an input voltage of 115 VAC or 12 VDC from solar power systems as shown on the plans. 2.15. Primary Input Power Interruption. Provide CCTV field equipment that meets all the requirements in Section 2.1.4., “Power Interruption” of the NEMA Standard TS2 for Traffic Control System, or most current version. 2.16. Power Service Transients. Provide CCTV Field Equipment that meets the requirements for Section 2.1.6., “Transients, Power Service” of the NEMA Standard TS2, or most current version. 301 6010 8 - 17 03-15 Statewide 2.17. Power Service Protection. Provide equipment that contains readily accessible, manually resettable or replaceable circuit protection devices (such as circuit breakers or fuses) for equipment and power source protection. Provide circuit breakers or fuses sized appropriately such that no wire, component, connector, PC board or assembly is subjected to current loads in excess of their respective design limits upon failure of any single circuit element or wiring. 2.18. Modular Design. Provide CCTV field equipment hardware installed inside the cabinet that is modular in design that can be either shelf mountable or EIA 19 in. rack mountable. Clearly identify modules and assemblies with name, model number, serial number and any other pertinent information required to facilitate equipment maintenance. 2.19. Connectors and Harnesses. Make all external connections by means of connectors that are uniquely keyed to preclude improper hookups. Color-code and appropriately label with UV resistant material all wires to and from the connectors. Provide connecting harnesses of appropriate length and terminated with matching connectors for interconnection with the communications system equipment. Provide plated pins and mating connectors to improve conductivity and are corrosion resistant. All connectors utilizing solder type connections must have each soldered connection covered by a piece of heat shrink tubing securely shrunk to protect the connection for short circuiting. Provide a wiring diagram detailing wire function and connector pin-out. 2.20. Environmental Design Requirements. Provide equipment that conforms to NEMA TS2-2003 (R2008), International Electrotechnical Commission (IEC) 60529, and NEMA 250-2008, or most current version, for the following categories: 2.20.1. Temperature. Provide equipment that conforms to NEMA TS2 Section 2.1.5.1, or latest revision, and meets all the specified requirements during and after being subjected to any combination of the following conditions:  ambient temperature range of -30 to 165°F,  temperature shock not exceeding 30°F per hour,  relative humidity of 0 to 100%,  moisture condensation on all exterior surfaces caused by temperature changes, and  provisions for a heater and blower function will be required to maintain internal temperatures within the manufacturer’s operating temperatures for temperature ranges internal to the camera unit not conforming to NEMA TS2 Standard 2.1.5.1. 2.20.2. Vibration. Provide equipment that conforms to NEMA TS2 Section 2.1.9 and Section 2.2.3, or most current version, and meets all the specified requirements during and after being subjected to a vibration of 5 to 30 Hz up to 0.5 g applied in each of three mutually perpendicular planes for 30 min. 2.20.3. Shock. Provide equipment that conforms to NEMA TS2 Section 2.1.10 and Section 2.2.4, or most current version, and does not yield permanent mechanical deformation or any damage that renders the unit inoperable when subjected to a shock of 10 g applied in each of three mutually perpendicular planes for 30 min. 2.20.4. Environmental Contaminants. Provide equipment that conforms to IEC 60529 Section 14.2.6, ormost current version, for IP 66 or greater rating when providing a pressurized unit. Provide equipment that conforms to IEC 60529 Section 14.2.7, ormost current version, for IP 67 or greater rating when providing a non-pressurized unit. 2.20.5. External Icing. Provide equipment that is tested to conform to NEMA 250-2003 Section 5.6, or latest revision. 302 6010 9 - 17 03-15 Statewide 2.20.6. Corrosion. Provide equipment that is tested to conform to NEMA 250-2003 Section 5.10, or latest revision, when located in coastal Districts. Coastal Districts are Beaumont (BMT), Corpus Christi (CRP), Houston (HOU), Pharr (PHR), and Yoakum (YKM). 2.20.7. Wind Rating. Operational in adverse weather conditions and able to withstand wind loads in accordance with Department’s basic wind velocity zone map standard as shown on the plans without permanent damage to mechanical and electrical equipment. 3. CONSTRUCTION 3.1. General. Maximize standardization and consistency by utilizing industry standard techniques in equipment design and construction, with the minimum number of parts, subassemblies, circuits, cards, and modules. Design equipment for ease of maintenance. Provide mounting bracket assemblies or apparatus to mount equipment on the following structures as detailed in the plans or on the ITS standards:  ITS Pole,  overhead sign bridge or cantilever overhead sign structure ,  retaining wall, and  concrete column or parapet. Provide mounting bracket design with documentation submittal for approval prior to fabrication. Include all mounting plates, screws, bolts, nuts, washers, and ancillary hardware needed to fabricate the entire mounting bracket. 3.2. Mechanical Components. Provide stainless steel external screws, nuts and locking washers. Self-tapping screws are not acceptable. Provide parts that are made of corrosion resistant material; examples include: plastic, stainless steel, anodized aluminum, or brass. Protect all materials used in construction from fungus growth and deterioration due to sustained moisture. Separate dissimilar metals by an inert dielectric material. 3.3. Wiring. Provide wiring that meets the requirements of the National Electrical Code (NEC) most current version. Provide wires that are cut to proper length before assembly. It is not acceptable to “double-back” wires to take up slack inside the cabinet. Lace wires neatly with nylon lacing or plastic straps. Organize cables neatly inside the cabinet and secure cables with clamps. Provide service loops at connection points when connecting to hardware inside the cabinet. No splicing of cables or exposed wiring is allowed. Clearly label all wiring. 3.4. Relocation of CCTV Field Equipment. Perform the relocation in strict conformance with the requirements herein and as shown on the plans. Completion of the work will present a neat, workmanlike, and finished appearance. Maintain safe construction practices during relocation. Inspect the existing CCTV field equipment, with a representative from the Department, and document any evidence of damage prior to removal. Conduct a pre-removal test in accordance with the testing requirements contained in this Item to document operational functionality. Remove and deliver to the Department, existing CCTV field equipment that fail inspection. Prior to removal of existing CCTV field equipment, disconnect and isolate the power cables from the electric power supply and disconnect all communication cabling from the equipment located inside the cabinet. Coil and store power and communication cabling inside the cabinet until such time that it can be relocated. 303 6010 10 - 17 03-15 Statewide Remove existing CCTV field equipment as shown on the plans only at such time as authorized by the Engineer. Use care to prevent damage to any support structures. Any portion of CCTV field equipment or camera pole structure damaged or lost will be replaced by the Contractor at his expense. Contractor to document and report to the Department any existing damage to equipment prior to removal. Make all arrangements for connection to the power supply and communication source including any permits required for the work to be done under the Contract. Provide wire for the power connection at least the minimum size indicated on the plans and insulated for 600 V. Meet the requirements of the NEC most current version. 3.5. Removal of CCTV Field Equipment. Disconnect and isolate any existing electrical power supply prior to removal of existing CCTV field equipment, Perform removal in strict conformance with the requirements of this Specification, and the lines, grades, details and dimensions shown on the plans. Completion of the work will present a neat, workmanlike, and finished appearance. Any portion of the CCTV field equipment or cabinet internal components damaged or lost will be replaced by the Contractor (with items requiring the approval of the Engineer) at no cost to the Department. All materials not designated for reuse or retention by the Department will become the property of the Contractor and be removed from the project site at the Contractor's expense. Deliver items to be retained by the Department to a location shown on the plans or general notes. The Contractor is fully responsible for any removed equipment until released by the Engineer. 3.6. Contractor Experience Requirements. Contractor or designated subcontractor must meet the following experience requirements: 3.6.1. Minimum Experience. Three years of continuous existence offering services in the installation of CCTV camera systems. 3.6.2. Completed Projects. Three completed projects consisting of a minimum of 5 cameras in each project where the personnel installed, tested and integrated CCTV cameras on outdoor, permanently mounted structure(s) and related camera control and transmission equipment. The completed CCTV camera system installations must have been in continuous satisfactory operation for a minimum of 1 yr. 3.6.3. Equipment Experience. Three projects (may be the three in the preceding paragraph) in which the personnel worked in cooperation with technical representatives of equipment suppliers to perform specific stages of work. The Contractor will not be required to furnish equipment on this project from the supplier who furnished documentation demonstrating this experience. Submit the names, addresses and telephone numbers of the references that can be contacted to verify the experience requirements given above. 3.7. Documentation Requirements. Provide a minimum of 2 complete sets of operation and maintenance manuals in bound hard copy format, as well as an electronic copy in Adobe PDF format on a CD/DVD or removable flash drive that include the following:  complete and accurate wiring schematic diagrams,  complete installation procedures,  compliance matrix documenting conformance to this specification,  complete performance specifications (Functional, electrical, mechanical and environmental) on the unit,  complete parts list including names of vendors for parts not identified by universal part number such as JEDEC, RETMA, or EIA, 304 6010 11 - 17 03-15 Statewide  pictorial of component layout on circuit board,  ID Generator list of text display options,  complete maintenance and trouble-shooting procedures,  complete stage-by-stage explanation of circuit theory and operation,  testing procedures and blank test forms,  recovery procedures for malfunction,  instructions for gathering maintenance assistance from manufacturer, and  provide the Department with certification documentation verifying conformance with environmental and testing requirements contained in the special specification. Certifications may be provided by the manufacturer or through independent labs. Identify material which is copyrighted or proprietary in nature as part of the documentation submittal. The Department will comply with sensitive material and secure submittal documentation and not distribute without written approval. 3.8. Testing. 3.8.1. New Installations. Unless otherwise shown on the plans, perform the following tests on the applicable equipment or systems. 3.8.1.1. Test Procedures Documentation. Provide 5 copies of the test procedures to include tests identified in Article 5.1.2 through Article 5.1.7 inclusive and blank data forms to the Engineer for review and comment as part of material documentation requirements for each test required on this project. Include the sequence of the tests in the procedures. The Engineer will comment, approve, or reject test procedures within 30 days after Contractor submittal of test procedures. Contractor to resubmit if necessary rejected test procedures for final approval within 10 days. Review time is calendar days. Conduct all tests in accordance with the approved test procedures. Record test data on the data forms, as well as quantitative results. No bid item measurement or payment will be made until the Engineer has verified the test results meet the minimum requirements of the specification. The data forms for all tests, except design approval tests, must be signed by an authorized representative of the Contractor. Provide written notice to the Engineer within 48 hr. of discovery of any testing discrepancy identified during testing by the Contractor. Furnish data forms containing the acceptable range of expected results as well as the measured values. 3.8.1.2. Design Approval Test. Conduct a design approval test on one randomly selected unit from the prototype design manufacturing run. If only 1 design prototype is manufactured, perform this test on that unit. If supplying multiple types of the equipment, provide and test a sample of each type. Certification from an independent testing laboratory of a successfully completed design approval test is acceptable. Ensure that the testing by this laboratory is performed in accordance with the requirements of this specification. Failure of independent tests to comply with the requirements of this specification will be grounds for rejection of any certification. Provide a copy of the certification to the District in which this contract is executed. The data forms for the design approval tests must be signed by an authorized representative (company official) of the equipment manufacturer or by an authorized representative of an independent testing facility. Notify the Engineer 10 working days before conducting this testing. The Department may witness all the tests. Perform the following tests: 305 6010 12 - 17 03-15 Statewide 3.8.1.2.1. Power Service Transients. Provide equipment that meets the performance requirements, specified in this Item, when subjected to the power service transients as specified in Section 2.2.7.2, “Transient Tests (Power Service)” of the NEMA TS2 standard, most current version. 3.8.1.2.2. Temperature and Condensation. Provide equipment that meets the performance requirements, specified in this Item, when subjected to the following conditions in the order specified below:  stabilize the equipment at -30°F and test as specified in Sections 2.2.7.3, “Low-Temperature Low- Voltage Tests” and 2.2.7.4, “Low-Temperature High-Voltage Tests” of the NEMA TS2 standard, most current version  allow the equipment to warm up to room temperature in an atmosphere having relative humidity of at least 40%. Operate the equipment for 2 hr., while wet, without degradation or failure, and  stabilize the equipment at 165°F and test as specified in Sections 2.2.7.5, “High-Temperature High Voltage Tests” and 2.2.7.6, “High-Temperature Low-Voltage Tests” of the NEMA TS2 standard, most current version. 3.8.1.2.3. Relative Humidity. Provide equipment that meets the performance requirements, specified in this Item, within 30 min. of being subjected to a temperature of 165°F and a relative humidity of 18% for 48 hr. 3.8.1.2.4. Vibration. Provide equipment that shows no degradation of mechanical structure, soldered components, or plug-in components and operates in accordance with the manufacturer's equipment specifications after being subjected to the vibration tests as described in Section 2.2.8, “Vibration Test” of the NEMA TS2 standard, most current version. 3.8.1.2.5. Power Interruption. Provide equipment that meets the performance requirements, specified in this Item, when subjected to nominal input voltage variations as specified in Section 2.2.10 “Power Interruption Test” of the NEMA TS2 standard, most current version. 3.8.1.3. Demonstration Test. Conduct a demonstration test on applicable equipment at an approved Contractor facility. The Contractor may submit procedures and results from previous contracts in the same District as this Contract provided the materials and equipment are identical, provided results are less than 5 yr. old. Notify the Engineer 10 working days before conducting this testing. The Department may witness all the tests. Perform the following tests: 3.8.1.3.1. Examination of Product. Examine each unit carefully and document that the materials, design, construction, markings and workmanship comply with the requirements of this Item. 3.8.1.3.2. Continuity Tests. Check the wiring to determine conformance with the requirements of the appropriate paragraphs in this Item. 3.8.1.3.3. Operational Test. Operate each unit for at least 15 min. to permit equipment temperature stabilization and an adequate number of performance characteristics to ensure compliance with the requirements of this Item. 3.8.1.4. Field Acceptance (Stand-Alone) Test. Conduct a field acceptance test for each unit after installation as required by the Engineer in order to demonstrate compliance with the functional requirements with this Item. Exercise all stand-alone (non-network) functional operations. Notify the Engineer 5 working days before conducting this test. The field acceptance test may consist of the following: 3.8.1.4.1. Physical Construction. Document physical construction is completed in accordance with the plans and specification. 3.8.1.4.2. Electrical and Communication. Document that all connectors for grounding, surge suppression, and electrical distribution are tightened correctly. Document all power supplies and circuits are operating under the proper voltages. Document all power and communications cables are terminated correctly, secured inside the cabinet, and fitted with appropriate connectors. 306 6010 13 - 17 03-15 Statewide 3.8.1.4.3. Video Signal. For analog signal format, conduct an impedance test, through a short 75 ohm coaxial cable, to an oscilloscope waveform monitor to ensure 75 ohm output impedance to conform with NTSC standards. Through use of a digital, hand-held, battery operated meter, conduct a test and measure the following video signal characteristics, if applicable: 3.8.1.4.3.1. Sync. Document the amplitude of the video synchronizing pulse and check for correct video level, coaxial cable continuity, and correct termination level is 40 IRE. 3.8.1.4.3.2. Luminance. Document the white level and correct brightness setting is 100 IRE. 3.8.1.4.3.3. Composite. Document the overall amplitude of the video signal is at 140 IRE or 1 V peak to peak. 3.8.1.4.3.4. Color Burst. Document color burst amplitude at 40 IRE. 3.8.1.4.3.5. Ground-loop. Document that no ground loop exists in the video picture. Ground loop voltages in the video signal causes bars to be present on the video picture. Document video image is present and free from over-saturation and any other image defect in both color and monochrome modes. Document video support of unicast and multicast video transmission modes. Document the video signal from the camera is present and of consistent quality at all connection points between the camera, the cabinet, and any video conversion hardware. 3.8.1.4.4. Communication. For digital camera models, document network connection to the camera through ping or telnet session from a remote PC. For analog camera models, document serial data transmission to execute control through serial ports. 3.8.1.4.5. Pan-Tilt Mechanism. Exercise pan, tilt, zoom, and focus in all directions and execute a minimum of 3 other unique programming commands, specified by the Department, to ensure that the communication link between the cabinet and the camera is functioning properly. 3.8.1.5. System Integration Test. Conduct a system integration test on the complete functional system. Demonstrate all control and monitor functions for each system component for 72 hr. Notify the Engineer 10 working days before conducting this testing. The Department may witness all the tests. Provide systems integration test procedures for proper adjustment and calibration of subsystem components. Proper adjustment and calibration involves documenting settings used to meet functional requirements while providing a margin for adjustment when future conditions change. Utilize the Department control software (when available) to perform subsystem testing. At a minimum, utilize this software to verify commands and confirms, as well as, detector actuations and occupancy dwell time. The Contractor is responsible for being familiar with any existing Department equipment and software. The failure of any one component material or equipment item in a system integration test is justification for rejecting the entire subsystem. Each subsystem component must function as a complete integrated subsystem for a minimal continuous 72 hr. period during the system integration test. 3.8.1.6. Final Acceptance Test. Following completion of the demonstration test, standalone test, and system integration test for all subsystems, provide completed data forms containing all of the data taken, including quantitative results for all tests, a set of “as built” working drawings, and a written request to begin a data communication and final acceptance test. Provide “as built” working drawings indicating the actual material, equipment, and construction of the various subsystem components, including established and calculated XY coordinates based on project control points provided by the Engineer, when shown on the plans. Perform field surveying and calculations under the supervision of and sealed by a licensed land surveyor. 307 6010 14 - 17 03-15 Statewide Within 10 calendar days of the request, execute a data communications test using a Department supplied software program or Contractor supplied software approved by the Department. The data communications test may be executed by the Engineer or the Contractor with the prior approval of the Engineer. The purpose of this test is to verify that the communications plant will operate with application software provided by the State. Perform the data communications test for a period of 72 hr. If a message error or component failure occurs anywhere in the network, resume the test once repairs are completed. All components of the communications network must operate as an integral system for the duration of the test. A message error is defined as the occurrence of a parity error, framing error, or data error in any component of the message. The error free message rate is defined as the ratio of the number of messages in which no message error occurs to the number of messages transmitted. The error free message rate must exceed 99.99% for acceptable transmission quality, both for the system as a whole, and for each component of the network. Provide all additional test results to the Engineer for review once a successful data communications test has been completed. If all the requirements of this specification have been satisfied, contract time will stop and all subsystems will be placed into operation and operate as a complete system for a period of 90 days. Notify the Engineer of any defects suspected in integration or function of material or equipment. Investigate any suspected defects and correct if necessary. Provide a report of finding within 2 calendar days of notice of any suspected defects. Describe the nature of the any defects reported and any corrective action taken in the report. The integrated subsystems must operate defect free as a single complete system for a minimum of 72 continuous hours during a 30 calendar day review period. If the number of defects or frequency of failures prevents any subsystems from operating as described above, the Engineer may reject the entire subsystem(s) integration test results and resume contract time. Provide any necessary corrections and resubmit subsystem(s) integration test results and a request to begin a final acceptance test which may include “as built” plans and a data communications test. The CCTV field equipment under this Item will not be accepted until the system, inclusive of all subsystems, has operated satisfactorily for a period of 90 days and in full compliance with the plans and specifications after approval of all submitted test results and reports. 3.8.1.7. Consequences of Test Failure. If a unit fails a test, submit a report describing the nature of the failure and the actions taken to remedy the situation prior to modification or replacement of the unit. If a unit requires modification, correct the fault and then repeat the test until successfully completed. Correct minor discrepancies within 30 days of written notice to the Engineer. If a unit requires replacement, provide a new unit and then repeat the test until successfully completed. Major discrepancies that will substantially delay receipt and acceptance of the unit will be sufficient cause for rejection of the unit. Failure to satisfy the requirements of any test is considered a defect and the equipment is subject to rejection by the Engineer. The rejected equipment may be offered again for retest provided all noncompliance has been corrected. If a failure pattern develops in similar units within the system, implement corrective measures, including modification or replacement of units, to all similar units within the system as directed. Perform the corrective measures without additional cost or extension of the contract period. 3.8.1.7.1. Consequences of Design Approval Test Failure. If the equipment fails the design approval test, correct the fault within 30 days and then repeat the design approval test until successfully completed. 3.8.1.7.2. Consequences of Demonstration Test Failure. If the equipment fails the demonstration test, correct the fault within 30 days and then repeat the demonstration test until successfully completed. 3.8.1.7.3. Consequences of Field Acceptance (Stand-Alone) Test Failure. If the equipment fails the stand-alone test, correct the fault within 30 days and then repeat the stand-alone test until successfully completed. 308 6010 15 - 17 03-15 Statewide 3.8.1.7.4. Consequence of System Integration Test Failure. If the equipment fails the system integration test, correct the fault within 30 days and then repeat the systems integration test until successfully completed. 3.8.1.7.5. Consequences of Final Acceptance Test Failure. If a defect within the system is detected during the final acceptance test, document and correct the source of failure. Once corrective measures are taken, monitor the point of failure until a 30 consecutive day period free of defects is achieved. If after completion of the initial test period, the system downtime exceeds 72 hr. or individual points of failure have not operated for 30 consecutive days free of defects, extend the test period by an amount of time equal to the greater of the downtime in excess of 72 hr. or the number of days required to complete the performance requirement of the individual point of failure. 3.8.2. Relocation and Removal. 3.8.2.1. Pre-Test. Provide 5 copies of the test procedures to include tests of the basic functionality of the unit and blank data forms to the Engineer for review and comment as part of material documentation requirements. Functionality tests may include, but are not limited to, physical inspection of the unit and cable assemblies, lens iris and zoom control, video signal, and pan-tilt mechanism. Include the sequence of the tests in the procedures along with acceptance thresholds. The Engineer will comment, approve, or reject test procedures within 30 days after Contractor submittal of test procedures. Contractor to resubmit if necessary rejected test procedures for final approval within 10 days. Review time is calendar days. Conduct all tests in accordance with the approved test procedures. Conduct basic functionality testing prior to removal of CCTV field equipment. Test all functional operations of the equipment in the presence of representatives of the Contractor and the Department. Ensure that both representatives sign the test report indicating that the equipment has passed or failed each function. Once removed, the equipment becomes the responsibility of the Contractor until accepted by the Department. Compare test data prior to removal and test data after installation. The performance test results after relocation must be equal to or better than the test results prior to removal. Repair or replace those components within the system which failed after relocation but which passed prior to removal. 3.8.2.2. Post Test. Testing of the CCTV field equipment is for the purpose of relieving the Contractor of maintenance of the system. The Contractor will be relieved of the responsibility for maintenance of the system in accordance with Item 7, “Legal Relations and Responsibilities”, after a successful test period. The Contractor will not be required to pay for electrical energy consumed by the system. After all existing CCTV field equipment has been installed, conduct approved continuity, stand alone, and equipment system tests. Furnish test data forms containing the sequence of tests including all of the data taken as well as quantitative results for all tests. Submit the test data forms to the Engineer at least 30 days prior to the day the tests are to begin. Obtain Engineer’s approval of test procedures prior to submission of equipment for tests. Send at least 1 copy of the data forms to the Engineer. Conduct an approved stand-alone test of the equipment installation at the field site(s). At a minimum, exercise all stand-alone (non-network) functional operations of the field equipment with all of the equipment installed per the plans as directed by the Engineer. Complete the approved data forms with test results and turn over to the Engineer for review and either acceptance or rejection of equipment. Give at least 30 working days notice prior to all tests to permit the Engineer or his representative to observe each test. The Department will conduct approved CCTV field equipment system tests on the field equipment with the central equipment. The tests will, as a minimum, exercise all remote control functions and display the return status codes from the controller. If any unit fails to pass a test, prepare a report and deliver it to the Engineer. Describe in the report the nature of the failure and the corrective action needed. If the failure is the result of improper installation or damage during reinstallation, reinstall or replace the unit and repeat the test until the unit passes successfully, at no additional cost to the Department or extension of the Contract period. 309 6010 16 - 17 03-15 Statewide 3.9. Warranty. Warrant the equipment against defects or failure in design, materials, and workmanship for a minimum of 3 yr. or in accordance with the manufacturer’s standard warranty if that warranty period is greater. The start date of the manufacturer’s standard warranty will begin after the equipment has successfully passed all tests contained in the final acceptance test plan. Any CCTV field equipment with less than 90% of its warranty remaining after the final acceptance test is completed will not be accepted by the Department. Guarantee that equipment furnished and installed for this project performs according to the manufacturer’s published specifications. Assign, to the Department, all manufacturer’s normal warranties or guarantees on all electronic, electrical, and mechanical equipment, materials, technical data, and products furnished for and installed on the project. CCTV field equipment will be repaired or replaced at the Contractor’s expense prior to completion of the final acceptance test plan in the event of a malfunction or failure. Furnish replacement parts for all equipment within 10 days of notification of failure by the Department. 3.10. Training. Conduct a training class for a minimum of 24 hr., unless otherwise directed, for up to 10 representatives designated by the Department on procedures of installation, operations, programming hardware settings, IP programming, port settings, testing, maintenance, troubleshooting, and repair of all equipment specified within this specification. Submit to the Engineer for approval, 10 copies of the training material at least 30 days before the training begins. Conduct training within the local area unless otherwise authorized by the Engineer. Consider operations through Department’s Lonestar software when developing training modules. 4. MEASUREMENT This Item will be measured by each CCTV field equipment unit and mounting apparatus furnished, installed, relocated, or removed, of the types specified as shown on the plans, or as directed. 5. PAYMENT 5.1. Furnish and Install. 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 “CCTV Field Equipment (Analog)”, “CCTV Field Equipment (Digital)”, and “CCTV Field Controller”. This price is full compensation for making fully operational CCTV field equipment including any voltage converters or injectors, cables and connectors as shown on the plans; and all documentation, testing, training, software, equipment, labor, materials, tools, and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” for CCTV field equipment mounting assemblies will be paid for at the unit bid price for “CCTV Mount (Pole)”, “CCTV Mount (Post)”, “CCTV Mount (Wall)”, “CCTV Mount (Parapet)”, “CCTV Mount (Pendant)”, and “CCTV Mount (Mast)”. This price is full compensation for furnishing and installing mounting bracket assemblies, mounting bracket hardware; and all equipment, labor, materials, tools, equipment, and incidentals necessary to mount CCTV field equipment to mounting structures as shown on the plans. 5.2. Install Only. 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 “CCTV Field Equipment (Analog) (Install Only)” and “CCTV Field Equipment (Digital) (Install Only).” This price is full compensation for making fully operational CCTV field equipment including any voltage converters or injectors, furnishing and installing additional cables and connectors as shown on the plans; and all documentation, testing, training, software, equipment, labor, materials, tools, and incidentals. 5.3. Relocate. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” for relocation of CCTV field equipment will be paid for at the unit bid price for “Relocate CCTV Field Equipment.” This price is full compensation for relocating and making fully operational existing CCTV field equipment as shown on the plans; furnishing and installing additional cables or connectors as shown on the plans; for testing, delivery and storage of components designated for salvage or reuse; and all testing, training, software, equipment, labor, materials, tools, and incidentals. 310 6010 17 - 17 03-15 Statewide 5.4. Remove. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” for removal of CCTV field equipment will be paid for at the unit bid price for “Remove CCTV Field Equipment.” This price is full compensation for removing existing CCTV field equipment as shown on the plans; removal of cables and connectors; for testing, delivery and storage of components designated for salvage; and all testing training, software, equipment, labor, materials, tools, and incidentals. 311 6292 1 - 6 10-18 Statewide Special Specification 6292 Radar Vehicle Detection System for Signalized Intersection Control 1. DESCRIPTION Furnish, install, relocate, or remove radar vehicle detection systems (RVDS) of the specified devices at signalized intersections to provide the required zones of detection as shown on the plans, or as directed. 2. MATERIALS 2.1. General. Except as allowed for relocation of RVDS equipment, ensure all equipment and component parts are new in accordance with Section 1.0 through Section 6.0 of Division Specification TO-8000, “Radar Vehicle Detection System.” and in an operable condition at time of delivery and installation. The Traffic Management Section of the Traffic Operations Division (TRF-TM) maintains the Prequalified Products Master List (QPL) of all RVDS conforming to the requirements of this Specification. New materials appearing on the QPL for TO-8000 require no further sampling and testing before use unless deemed necessary by the Project Engineer or TRF-TM. Provide prequalified RVDSs from the Division’s QPL. Ensure all RVDS serving the same detection purpose within the project are from the same manufacturer. RVDS devices are classified by their functional requirements. The functional requirements are for radar presence detection devices (RPDD) and radar advance detection devices (RADD). The RVDS system classifications are RVDS (RPDD Only), RVDS (RADD Only)” and “RVDS (RPDD and RADD). Provide each RVDS sensor with a mounting bracket designed to mount directly to a pole, mast-arm, or other structure. Ensure bracket is designed such that the sensor can be tilted both vertically and horizontally for alignment and then locked into place after proper alignment is achieved. All hardware must be designed to support the load of the RVDS sensor and mounting bracket. 2.2. Configuration. Ensure the RVDS will provide vehicle detection as required on the plans, or as directed. Ensure the RVDS does not require tuning or recalibration to maintain performance once initial calibration and configuration is complete. RVDS must not require cleaning or adjustment to maintain performance. RVDS must self-recover from power failure once power is restored. 2.3. Cabling. Provide appropriate length of all cables necessary to complete the work (of making the RVDS fully operational) at each installation site. 2.4. Software. Ensure the RVDS manufacturer includes all software required to configure and monitor operation of RVDS field equipment locally and remotely. RVDS software must be a stable production release. Software must allow the user to configure, operate, exercise, diagnose, and read current status of all RVDS features and functions using a laptop computer. Software must include the ability to save a local copy of RVDS field device configurations, and load saved configurations to RVDS field devices. Ensure all licenses required for operation and use of software are included at no additional cost. 320312 6292 2 - 6 10-18 Statewide Software updates must be provided at no additional cost during the warranty period. 2.5. Electrical. All conductors supplying the equipment must meet National Electrical Code® (NEC) requirements. Ensure equipment is designed to protect personnel from exposure to high voltage during installation, operation, and maintenance. 2.6. Mechanical. Ensure that all parts are fabricated from corrosion resistant materials, such as plastic, stainless steel, aluminum, or brass. Ensure that all screws, nuts, and locking washers are corrosion resistant. Do not use self-tapping screws. Ensure equipment is clearly and permanently marked with manufacturer name or trademark, part number, date of manufacture, and serial number. Ensure RVDS is modular in design for ease of field replacement and maintenance. Provide a sensor that will minimize weight and wind loading when mounted on a traffic signal pole or mast arm. All printed circuit boards (PCB) must have conformal coating. 2.7. Environmental. RVDS sensor must be able to withstand the maximum wind load based on the Department’s basic wind velocity zone map standard without any damage or loosening from structure. The RVDS enclosure must conform to criteria set forth in the NEMA 250 Standard for Type 4X enclosures. The RVDS must meet all NEMA TS2 environmental requirements for temperature, humidity, transients, vibration, and shock. 2.8. Connectors and Harnesses. Ensure all conductors are properly color coded and identified. Ensure cable connector design prohibits improper connections. Cable connector pins are plated to improve conductivity and resist corrosion. Connections for both data and power must be made to the RVDS sensor using waterproof, quick disconnect connectors. Pigtails from the sensor to a waterproof junction box (NEMA 4) or an approved waterproof connector must be allowed for splicing. The pigtails must not be shorter than 3 ft. unless otherwise shown on the plans. 3. CONSTRUCTION 3.1. System Installation. Install RVDS system devices according to the manufacturer’s recommendations to provide properly functioning detection as required. This will include the installation of sensors on signal poles or mast-arms, controller interface modules, power and surge protection panels, cabling and all associated equipment, software, serial and Ethernet communication ports, connectors and hardware required to setup and operate. Ensure that the supplier of the RVDS provides competent on-site support representative during installation to supervise installation and testing of the RVDS. Ensure the radar sensor locations are optimal for system operation and operate as required. Maintain safe construction practices during equipment installation. Ensure installation and configuration of software on Department computers is included with the RVDS. Use care to prevent damage to any support structures. Any equipment or structure damaged or lost must be replaced by the Contractor (with items approved by the Engineer) at no cost to the Department. 313 6292 3 - 6 10-18 Statewide 3.2. Mechanical Components. Ensure that all fasteners, including bolts, nuts, and washers with a diameter less than 5/8 in. are Type 316 or 304 stainless steel and meet the requirements of ASTM F593 and ASTM F594 for corrosion resistance. Ensure that all bolts and nuts 5/8 in. and over in diameter are galvanized and meet the requirements of ASTM A307. Separate dissimilar metals with an inert dielectric material. 3.3. Wiring. Install all wiring and electrical work supplying power to the equipment in a neat workmanlike manner. Supply and install all wiring necessary to interconnect RVDS sensors to the traffic signal cabinet and incidentals necessary to complete the work. Furnish and install any additional required wiring at no additional cost to the Department. Wiring must be cut to proper length prior to installation. Provide cable slack for ease of removal and replacement. All cable slack must be neatly laced with lacing or straps in the bottom of the cabinet. Ensure cables are secured with clamps. 3.4. Grounding. Ensure all RVDS components, cabinets, and supports are grounded in accordance with the NEC and manufacturer recommendations. 3.5. Relocation of RVDS Field Equipment. Perform the relocation in strict conformance with the requirements herein and as shown on the plans. Completion of the work will present a neat, workmanlike, and finished appearance. Maintain safe construction practices during relocation. Inspect the existing RVDS field equipment with a representative from the Department and document any evidence of damage prior to removal. Conduct a pre-removal test in accordance with the testing requirements contained in this Item to document operational functionality. Remove and deliver equipment that fails inspection to the Department. Prior to removal of existing RVDS field equipment, disconnect and isolate the power cables from the electric power supply and disconnect all communication cabling from the equipment located inside the cabinet. Coil and store power and communication cabling inside the cabinet until relocation. Remove existing RVDS field equipment as shown on the plans only when authorized by the Engineer. Use care to prevent damage to any support structures. Any equipment or structure damaged or lost must be replaced by the Contractor (with items approved by the Engineer) at no cost to the Department. Make all arrangements for connection to the power supply and communication source including any permits required for the work to be done under the Contract. Provide wire for the power connection at least the minimum size indicated on the plans and insulated for 600 V. Meet the requirements of the NEC, latest edition. 3.6. Removal of RVDS Field Equipment. Perform the removal in strict conformance with the requirements herein and as shown on the plans. Completion of the work will present a neat, workmanlike, and finished appearance. Maintain safe construction practices during removal. Disconnect and isolate any existing electrical supply prior to removal of existing field equipment. Use care to prevent damage to any support structures. Any equipment or structure damaged or lost must be replaced by the Contractor (with items approved by the Engineer) at no cost to the Department. All materials not designated for reuse or retention by the Department will become the property of the Contractor and be removed from the project site at the Contractor's expense. Deliver items to be retained by the Department to a location shown on the plans or general notes. The Contractor is fully responsible for any removed equipment until released by the Engineer. 3.7. Documentation. Provide electronic copy operation and maintenance manuals, along with a copy of all product documentation on electronic media. Include the following documentation:  Complete and accurate schematic diagrams, 314 6292 4 - 6 10-18 Statewide  Complete installation procedures,  Manufacturer’s specifications (functional, electrical, mechanical, and environmental),  Complete maintenance and trouble-shooting procedures, and  Explanation of product operation.  Warranty as specified in Section 3.8. The RVDS must pass testing to ensure functionality and reliability prior to delivery. These include functional tests for internal subassemblies, a 24 hr. minimum unit level burn-in test, and a unit functionality test. Provide test results and supporting documentation, including serial number tested, must be submitted for each RVDS. If requested, manufacturing data per serial number must be provided for each RVDS. Unless deemed unnecessary by the Project Engineer or TRF-TM, Provide certification from an independent laboratory demonstrating compliance with NEMA TS2 environmental requirements for temperature, humidity, transients, vibration, and shock. Unless deemed unnecessary by the Project Engineer or TRF-TM, Provide third party enclosure test results demonstrating the sensor enclosure meets Type 4X criteria. Unless deemed unnecessary by the Project Engineer or TRF-TM, Provide evidence of RVDS manufacturer’s quality assurance program, including proof that the manufacturer of the RVDS is either ISO 9001 certified or other quality management system programs for manufacturing RVDS. 3.8. Warranty. Ensure that the detection system has a manufacturer’s warranty covering defects for a minimum of 5 years from the date of final acceptance. In addition to the terms required by Article 8 of TO-8000, Ensure the warranty includes providing replacements, within 10 calendar days of notification, for defective parts and equipment during the warranty period at no cost to the Department. 3.9. Training and Support. Provide manufacturer approved end user training to the Department and their representatives. Training must include instruction on system configuration, operation, and maintenance. Provide training for a minimum of 10 Department-designated representatives up to 8 hs., including both class and field training. Ensure that the detection system manufacturer will provide product support for a minimum of 5 years from the date of final acceptance. 4. TESTING Perform the following tests on equipment and systems unless otherwise shown on the plans. The Department may witness all the tests. 4.1. Stand-Alone Test. Conduct a Stand-Alone Test for each unit after installation. The test must exercise all stand-alone (non-network) functional operations and verify that RVDS is placing detector contact closure to assigned detector channels in the traffic signal controller assembly. Notify the Engineer 5 working days before conducting this test. 4.2. Consequences of Test Failure. If a unit fails a test, provide a new unit and then repeat the test until successfully completed. 4.3. Final Acceptance Test. Conduct a Final Acceptance Test on the complete functional system. Demonstrate all control, monitoring, and communication requirements and operate the system for 30 days. The Engineer will furnish a Letter of Approval stating the first day of the Final Acceptance Test. 4.4. Consequences of Final Acceptance Test Failure. If a defect within the system is detected during the Final Acceptance Test, document and correct the source of failure. Once corrective measures are taken, monitor the point of failure until a consecutive 30 day period free of defects is achieved. 315 6292 5 - 6 10-18 Statewide 4.5. Relocation 4.5.1. Pre-Test. Provide 5 copies of the test procedures to include tests of the basic functionality of the unit and blank data forms to the Engineer for review and comment as part of material documentation requirements. Functionality tests may include, but are not limited to, physical inspection of the unit and cable assemblies. Include the sequence of the tests in the procedures along with acceptance thresholds. The Engineer will comment, approve, or reject test procedures within 30 days after Contractor submittal of test procedures. Rejected test procedures must be resubmitted within 10 days. Review time is calendar days. Conduct all tests in accordance with the approved test procedures. Conduct basic functionality testing prior to removal of RVDS field equipment. Test all functional operations of the equipment in the presence of representatives of the Contractor and the Department. Ensure that both representatives sign the test report indicating that the equipment has passed or failed each function. Once removed, the equipment becomes the responsibility of the Contractor until accepted by the Department. Compare test data prior to removal and after installation. The performance test results after relocation must be equal to or better than the test results prior to removal. Repair or replace those components within the system that failed after relocation but passed prior to removal. 4.5.2. Post-Test. Testing of the RVDS field equipment is to relieve the Contractor of system maintenance. The Contractor will be relieved of the responsibility for system maintenance in accordance with Item 7, “Legal Relations and Responsibilities” after a successful test period. The Contractor will not be required to pay for electrical energy consumed by the system. After all existing RVDS field equipment has been installed, conduct approved continuity, stand alone, and performance tests. Furnish test data forms containing the sequence of tests including all the data taken as well as quantitative results for all tests. Submit the test data forms to the Engineer at least 30 days prior to the day the tests are to begin. Obtain Engineer’s approval of test procedures prior to submission of equipment for tests. Send at least 1 copy of the data forms to the Engineer. Conduct an approved stand-alone test of the equipment installation at the field sites. At a minimum, exercise all stand-alone (non-network) functional operations of the field equipment with all the equipment installed per the plans as directed by the Engineer. Complete the approved data forms with test results and turn over to the Engineer for review and either acceptance or rejection of equipment. Give at least 30 working days’ notice prior to all tests to permit the Engineer or his representative to observe each test. The Department will conduct approved RVDS field equipment system tests on the field equipment with the central equipment. The tests will, as a minimum, exercise all remote control functions and display the return status codes from the controller. If any unit fails to pass a test, prepare and deliver a report to the Engineer. Describe the nature of the failure and the corrective action needed. If the failure is the result of improper installation or damage during reinstallation, reinstall or replace the unit and repeat the test until the unit passes successfully, at no additional cost to the Department or extension of the Contract period. 5. MEASUREMENT New RVDS furnished and installed by the Contractor will be measured by each approach to the signalized intersection. RVDS furnished by the Department for the Contractor to install only will be measured by each approach to the signalized intersection. Existing RVDS to be relocated or removed will be measured by each sensor relocated or removed. 316 6292 6 - 6 10-18 Statewide 6. PAYMENT 6.1. Furnish and Install. 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 “RVDS (Presence Detection Only)”, “RVDS (Advance Detection Only)” and “RVDS (Presence and Advance Detection).” This price is full compensation for furnishing, installing, configuring, integrating, and testing the completed installation including RVDS equipment, voltage converters or injectors, cables, connectors, associated equipment, and mounting hardware; and for all labor, tools, equipment, any required equipment modifications for electrical service, documentation, testing, training, software, warranty and incidentals necessary to complete the work. 6.2. Install Only. The work performed and materials furnished in accordance with this Item will be paid for at the unit bid price for “RVDS (Presence Detection Only) (Install Only)”, “RVDS (Advance Detection Only) (Install Only)” and “RVDS (Presence and Advance Detection) (Install Only).” This price is full compensation for making fully operational a radar vehicle detection system furnished by the Department; installing, configuring, integrating, and testing the completed installation including RVDS equipment, voltage converters or injectors, cables, connectors, associated equipment, and mounting hardware; and for all labor, tools, equipment, any required equipment modifications for electrical service, documentation, testing, training, software, and incidentals necessary to complete the work. 6.3. Relocate. The work performed and materials furnished in accordance with this Item will be paid for at the unit bid price for “Relocate RVDS.” This price is full compensation for relocating and making fully operational existing RVDS field equipment; furnishing and installing additional cables or connectors; for testing, delivery and storage of components designated for salvage or reuse; and all testing, training, software, equipment, any required equipment modifications for electrical service, labor, materials, tools, and incidentals necessary to complete the work. 6.4. Remove. The work performed and materials furnished in accordance with this Item will be paid for at the unit bid price for “Remove RVDS.” This price is full compensation for removing existing RVDS equipment; removal of cables and connectors; for testing, delivery and storage of components designated for salvage; and all testing training, software, equipment, labor, materials, tools, and incidentals necessary to complete the work. 6.5. Communication Cable. All communication cables necessary to make the RVDS fully operational will be subsidiary to this Item. 317 DENT 1 Special Specification DENT Water Utility Construction, Sanitary Sewer Adjustments,Septic Tank Removal, Concrete Curb, Inlets, and Junction Boxes 1. DESCRIPTION Perform water and sewer relocation improvements, chain link fence relocation, concrete curb construction, construction of inlets, and junction boxes as shown in the plans and according to the requirements laid out in the project specifications and City of Denton standards and specifications. Water relocation improvements include furnishing and installing water pipe, water valves, water meters and boxes, water service connections, water main connections, fire hydrant assemblies, water fittings, casing pipes for water lines, abandonments, removals, and other work as required to complete the water relocations. Sewer relocation improvements include sewer pipe, manholes, sewer service connections, casing pipes and sleeves for sewers, pipe fittings, abandonments, removals, and other work as required to complete the sewer relocations. All work must conform to the City of Denton requirements and details shown on the plans. Obtain necessary permits; provide testing as necessary, and request inspection of the completed water and sewer lines prior to being placed in service. 2. PREQUALIFICATION In addition to TxDOT’s prequalification, water and sewer utility improvements included in this project must be performed by a Contractor who is prequalified by the Denton Water Department at the time of the bid opening. In order to be considered for award of this bid, bidders must be able to demonstrate that they are qualified by experience and capability to successfully construct the project within the Contract Time and for the Contract Amount. At a minimum each bidder must demonstrate the following: 2.1. Firm experience of at least 5 yr. in the construction of public water and sanitary sewer projects, including detailed information on prior project experience with the City of Denton, as applicable. 2.2. Firm experience in the construction of at least three separate public water and three separate sanitary sewer projects successfully completed which were similar in scope to this bid. 2.3. Financial capability to prosecute the work as supported by an audited financial statement for the previous year. 2.4. List of equipment capable of performing the work. 3. BIDDING 3.1. Project documents. Respondents are advised that the plans, specifications, and other documents on file constitute all the information which TxDOT and the City will furnish. 3.2. Project documents review. Respondents are required, prior to submitting any response, to review the plans, read the specifications, exhibits, contract, and bond forms carefully. 3.3. Site Visit and Research. Respondents are required, prior to submitting any response, to visit the site of the work; to examine carefully the local conditions; to inform themselves with their independent research, tests, 318 DENT 2 and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and to obtain all information required to make an intelligent bid. 4. MATERIALS 4.1. Furnish all materials in accordance with the requirements shown on the plans or pick-up materials furnished by the utility companies and deliver to the project site. See Article 7, “Measurement,” Table 1 in this document. 4.2. Submit five (5) copies of information to the City from all manufacturers for materials and equipment to be used on the project. This information must include:  Product specifications sufficient to allow the City to determine whether the materials and equipment conform to the design concepts and project specifications.  Information on all warranties provided by the manufacturer.  All submittals must be stamped by the manufacturer indicating that the manufacturer has checked the submittal for compliance with the specifications. Unstamped or uncertified submittals will be returned to the manufacturer unprocessed. Contact the City for a pre-approved list of manufacturers and products.  Submittals must be provided to the City before or at the preconstruction meeting. Construction will not be allowed to proceed until all submittals have been approved or a written waiver is given by the City. 4.3. Submit plans and shop drawings demonstrating proposed methods of maintaining water service to properties and businesses. Methods may include providing temporary service lines from active mains, line stops, or jumpers from active fire hydrants, or combinations. Provide a shop drawing submittal to the City of Denton for each waterline requiring temporary measures to maintain water service to properties. 5. PERMITS, TESTING, AND INSPECTION 5.1. Permits. Acquire all necessary permits from the City of Denton to perform the work. Please contact the following as needed:  Engineering Department – Inspections Manager: (940) 349-8910 City of Denton 601 E. Hickory, Suite B Denton, TX 76205 5.2. Testing. Provide testing for water and sewer improvements in conformance to the City of Denton requirements or as directed by the Engineer. In general, perform the following testing as minimum:  For water mains: hydrostatic test, poly pigging, and sterilization test.  Reference Specification “Purging and Disinfection of Water Conduits.”  For sewer lines: Television inspection, deflection testing, and manhole vacuum testing.  Reference City of Denton standard specification 33 01 10 Cleaning and Acceptance Testing of Water and Sewer Force Mains. 5.3. Inspection. All water mains, sewer lines, and their appurtenances will be inspected by a representative of the City of Denton. These representatives’ decision of acceptability of the installation will be final. The City of Denton will hold three final inspections, one at water completion, one at sewer completion, and the third at roadway completion for final utility grade adjustments. 319 DENT 3 5.4. For all tie-ins to the city water or sewer system, City of Denton personnel must be present. City of Denton personnel will perform all live tap connections to existing water mains including all tapping saddles, tapping sleeves and valves, and insertion valves. City personnel will also operate valves in order to isolate sections of the water system. Refer to notes on the drawings for specific locations and requirements. 6.CONSTRUCTION Protect all water mains, vaults and appurtenances at all times during the construction. Promptly repair, at no additional cost to the Owner, any damage to the existing water or sewer system and any interruption to the services such as line stoppages or breakage caused by the Contractor’s operation. 6.1. Specifications. Perform the work in such a manner consistent with current City of Denton standards and specifications. The most current edition of the North Central Texas Council of Government’s Specifications for Public Works Construction shall be used in absence of guidance from City of Denton Standards and Specifications. Any permissible deviation from the standard specifications will be noted in the section of General Provisions or Construction Plans. 6.2. Plans. A current set of City approved plans and specifications must be in the possession of the Contractor on the first day of the project. These must be shown to the State and City of Denton Inspectors before any work is allowed to proceed on that project. A legible set of plans must be retained by the Contractor throughout the project until its completion. 6.3. Utility Poles. The Contractor will be responsible for protecting utility poles by shoring, supporting, temporary guy wires, or other method as approved by the respective utility pole owners. Notify the pole owners of work adjacent any pole 48 hr. prior to any work at that location. Refer to notes in the plans for specific information regarding the utilities that should be contacted. 6.4. Preconstruction Meeting. A preconstruction meeting is required before any project commences in the City of Denton or its jurisdiction limits. Required meeting representatives, as applicable, must be: TxDOT Engineer City of Denton representatives Contractor's representatives Consulting Engineers representatives Affected utilities in the construction area represented This meeting will consist of reviewing the plans with all the representatives present to discuss proposed construction methods and utility adjustment, to discuss project management and administrative procedures and to clear up any doubts about the plans and specifications. The Contractor will be required to present a proposed construction schedule at the meeting. Location of the meeting will be at a location designated by the City. Call 940-349-7715 for specifics at least 48 hr. in advance of the meeting. 6.5 Septic Tank Removal. Septic tank removal shall follow Texas Commission on Environmental Quality guidelines for On-Site Sewage Facility Rules Compilation. Section §285.36. ABANDONED TANKS, BOREHOLES, CESSPOOLS, AND SEEPAGE PITS provides guidance on Septic Tank abandonment. These procedures should be followed for tank abandonment then the tank shall be removed. The contractor becomes owner of removed tank. 6.6 Construction of DENT 0529 Concrete Curb (Special) shall conform to City of Denton Specification 32 16 00 Curb, Gutter, Sidewalks, and Driveways. 6.7 Construction of DENT 0465 Jct Box (Compl)(SPL) shall conform to City of Denton specification 33 42 33 Stormwater Junction Boxes. 320 DENT 4 6.8 Construction of DENT 0465 Inlet (Compl) (Drop) (SPL) and DENT 0465 Inlet (Curb) (Spl) shall conform to City of Denton specification 33 42 33 Stormwater Curb Inlets and Drop Inlets. 6.9 Construction of fence re-location shall conform to City of Denton specification 32 31 00, details shown in the construction plans, and provisions in the construction plan notes. 7.MEASUREMENT Utility replacement items will be measured as follows: DENT ‐ 520 Substation Fence Re‐location LS  DENT‐7001 6" RESTRAINED JOINTS LF  DENT‐7003 12" RESTRAINED JOINTS LF  DENT‐7009 16" RESTRAINED JOINTS LF  DENT‐7008 16" WATER LINE (DI C151) LF  DENT‐6036 12" PVC WATER PIPE (C900 DR14) LF  DENT‐6001 6" PVC WATER PIPE (C900 DR14) LF  DENT‐7007 12" WATER LINE CONCRETE ENCASEMENT LF  DENT‐6006 INSTALL FIRE HYDRANT EA  DENT‐6004 EXTRA IRON FITTINGS TONS  DENT‐7009 12"X16" INDUCER EA  DENT‐7010 16" GATE VALVE C515 RESILENT SEAT EA  DENT‐6037 12" GATE VALVE (C509 RESILENT SEAT) EA  DENT‐6009 6" GATE VALVE (C509 RESILENT SEAT) EA  DENT‐7011 16" AIR RELEASE VALVE EA  DENT‐7032 CONNECT TO PROPOSED WL EA  DENT‐7020 SEPTIC TANK REMOVAL EA  DENT 7004 12" AIR RELEASE VALVE EA  DENT 7005 INSTALL 12" WATER LINE BY BORE W/ STEEL ENCASEMENT LF  DENT 7006 ABANDON 12" WATER LINE IN PLACE EA  DENT 0529 CONCRETE CURB (SPECIAL) LF  DENT 0465 JCT BOX(COMPL)(SPL) EA  DENT 0465 INLET(CURB)(SPL) EA  DENT 0465 INLET(COMPL)(DROP)(SPL) EA  321 DENT 5 8.PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided by under “Measurement,” will be paid for at the unit price bid for the various items specified on the plans. This price is for full compensation for furnishing all equipment, materials, tools, labor, permits, testing, and incidentals necessary to satisfactorily complete the work as detailed on the plans including excavation, embedment, and backfill.Items required to complete respective construction items that are not specified to be paid for separately, will be considered subsidiary to other pay items. 8.1. Trench Excavation, Embedment and Backfill - Excavation, embedment and backfill will not be measured for payment for pipeline trenches, but will be considered subsidiary to the various bid items. 8.2. Water System - Testing and disinfection of water lines will not be measured but will be considered subsidiary to the various bid items. For water services, no separate payment will be made for the connection to the main or private line, corporation and curb stop, which are subsidiary to the water service pay item. 8.3. Sewer System - Testing of sewer lines and manholes will not be measured but will be considered subsidiary to the various bid items. For sewer services, no separate payment will be made for the connection to the main or private lines, which are subsidiary to the sewer service pay item. 8.4. Disposal of materials - Disposal of materials will not be measured for payment but will be considered subsidiary to the various items. NCTCOG reference: Item 107.25. 9.BID ITEM REFERENCES Water Line and Sanitary Sewer line construction shall conform the the following City of Denton standard specifications for construction: 33 01 10 Cleaning and Acceptance Testing of Water and Sewer Force Mains 33 01 12 Joint Bonding and Electrical Isolation 33 01 31 Sewer and Manhole Testing 33 01 33 Sanitary Sewer Pipe Bursting 33 01 50 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 05 Utility Trench Excavation, Embedment, and Backfill 33 05 07 Steel Casing Pipe 33 05 10 Auger Boring 33 05 11 Hand Tunneling 33 05 15 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 61 Cast-in-Place Concrete Manholes 322 DENT 6 33 05 62 Precast Concrete Manholes 33 05 63 Concrete Water Vaults 33 05 76 Fiberglass Manholes 33 05 81 Frame, Cover, and Grade Rings 33 05 97 Utility Markers/Locators 33 05 98 Location of Existing Utilities 33 14 05 Bolts, Nuts, and Gaskets 33 14 10 Ductile Iron Pipe and Fittings 33 14 11 Polyvinyl Chloride (PVC) Pressure Pipe 33 14 12 Concrete Pressure Pipe, Bar-Wrapped Steel Cylinder Type 33 14 13 Buried Steel Pipe 33 14 17 Water Services 1-inch to 2-inch 33 14 18 Large Water Meters 33 14 20 Resilient Seated Gate Valve 33 14 25 Connection to Existing Water Mains 33 14 30 Combination Air Valve Assemblies for Potable Water Systems 33 14 40 Fire Hydrants 33 31 14 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 16 Sanitary Sewer Service Connections and Service Lines 32 16 00 Curb, Gutter, Sidewalks, and Driveways 33 42 33 Stormwater Junction Boxes 33 42 33 Stormwater Curb Inlets and Drop Inlets 32 31 00 Fences and Gates 323 5116 1 - 3 12-20 Statewide Special Specification 5116 Amphibian and Reptile Exclusion Fence 1.DESCRIPTION Furnish, install, maintain, replace and remove Amphibian and Reptile Exclusion Fence (AREF) to prevent harm to state and federally listed threatened and endangered species during construction activities. Actions resulting in harm to a threatened and endangered species can result in serious consequences for the Department and the Contractor. This Item will govern the furnishing of all labor, equipment and materials necessary to complete this work at the locations as shown on the plans, or as approved by the Engineer. The AREF will be installed in accordance with the Engineer’s specifications. Perform work in a manner to prevent unpermitted impacts to threatened and endangered species to facilitate project construction, and to comply with additional applicable federal, state, and local regulations. 2.MATERIALS 2.1.Filter Fabric. Provide woven geo-textile fabric materials in accordance with DMS-6230, “Temporary Sediment Control Fence Fabric.” Logos visible to the traveling public will not be allowed. Filter fabric width must be a minimum of 3 ft. Used filter fabric will not be allowed. 2.2.Steel Posts. Provide 4ft. (minimum) steel T-posts with minimum weight of 1.25 lb. per foot 2.3.Net Reinforcement. Provide 12.5 GA. SWG Min. galvanized welded wire mesh with maximum opening size of 2 in. by 4 in. Net reinforcement will be at least 30 in. wide, unless otherwise shown on the plans. Alternatively, provide 12.5 GA. SWG Min. Hinge Joint Knot Woven Mesh. Horizontal wires required to be spaced a maximum of 12 in. apart, and vertical wires spaced a maximum of 12 in. apart. 3.QUALIFICATIONS, TRAINING, AND EMPLOYEE REQUIREMENTS Contractors will take training as directed by the Department, in conjunction with the preconstruction meeting or before starting work. Training will be offered as needed, thereafter. Training will be administered by a qualified biologist. 4.CONSTRUCTION 4.1.Contractor Responsibility. Take reasonable actions to protect the species listed on the plans by following all the Department’s requirements as outlined in this Item and the Engineer’s specifications on the plans. 4.2.Implementation. The Contractor Responsible Person for environmental compliance (CRPE) or alternate CRPE must be accessible by phone and able to respond to project-related environmental emergencies 24 hr. per day. 4.3.Commencement. The AREF must be installed before the commencement of any construction work and within the specific timeframe based on the species (e.g. outside of breeding season), including, but not limited to clearing and grubbing, grading, excavating, small structure work, large structure work, and storage of materials on PSLs within the Department’s right of way. Any adjustments to the AREF to meet field conditions must be approved by the Engineer and incorporated into the plans before implementation. 4.4.Phasing. AREF must be installed in accordance with phasing requirements as shown on the plans and within the specific timeframe based on the species (e.g. outside of breeding season.) 324 5116 2 - 3 12-20 Statewide 4.5. Installation. The AREF must be installed along the perimeter of the project area as shown on the plans. AREF will be the outer-most BMP on a project. Perimeter stormwater controls will be installed inside the AREF in situations where both are shown on the plans. When constructed correctly, the AREF will resemble a “backwards” sediment-control fence. AREF may also be installed around brush piles, rocks, and other loose materials stored onsite on the ground overnight and open pits, trenches, and excavations open overnight as directed. 4.5.1. Installation of Steel Posts. Embed posts a minimum of 18 in. deep or adequately anchor, if in rock. A minimum of 24 in. will be exposed above the ground height. Steel posts will be spaced at 6 ft. intervals. Install steel posts so the filter fabric can be installed facing away from construction activities. 4.5.2. Filter Fabric and Net Reinforcement Attachment. Attach the reinforcement to steel posts with four evenly placed T-Clips or sewn vertical pockets, unless otherwise shown on the plans. Fasten filter fabric to the top strand of wire using hog rings or cord at a maximum space of 15 in. 4.5.3. Filter Fabric and Net Reinforcement Anchoring. Filter fabric will be oriented away from the construction activities. Dig trenches so the filter fabric will be orientated away from the construction activities. Provide a minimum trench cross-section of 6 in. by 6 in. Remove all roots and other obstructions from the trench before placing the filter fabric and net reinforcement. The filter fabric and net reinforcement will extend 6 in. below ground surface and 6 in. horizontally in the direction away from construction activities. Place the filter fabric and net reinforcement against the side of the trench, backfill the trench, then hand-tamp until ground is compacted. 4.5.4. Filter Fabric and Net Splices. For successive net reinforcement sheets or rolls, connect the ends to the steel post in a minimum of six places with hog rings. Locate filter fabric splices at a steel post with a minimum of 2 ft. overlap. Spliced sections should be completely smooth and flat to prevent creating features the species could use for climbing and entering the project area. Spliced sections must be sealed with tape the full length of the seam to prevent gaps in the fabric. Do not locate splices in concentrated flow areas. 4.5.5. Terminal Ends at Driveway Breaks and Roadway Intersections. In locations where the AREF abuts driveways, roadways or other locations as directed, the terminal end must implement a J-hook. The internal diameter of the J-hook must be a minimum of 18 in. Filter fabric and net reinforcement will be installed as described in Section 5116.4.5., “Installation.” 4.5.6. Culverts. AREF must be installed to either fully encompass both ends of a culvert, or fully exclude both ends of a culvert as shown on the plans to prevent creating an unsecured pathway the species can utilize to enter the project area. 4.5.7. Marking. Spray paint the letters “AREF” on the filter fabric. Letters must be capitalized, large, and visible. Use a brightly colored paint such as yellow or orange. Mark the filter fabric every 50 ft. and at terminal ends. Letters can be free-hand or stenciled. 4.6. Maintenance. Any damage to the AREF, including small holes and large holes must be repaired the day the damage is observed. When corrections are not made within the established timeframe, all work will cease on the project and time charges will continue while the AREF is brought into compliance. When site conditions are “too wet to work” and equipment cannot access the site, repairs will be performed manually. 4.6.1. Small Holes. Holes less than 1in. in diameter will be repaired using a tape, such as duct tape, with the Engineer’s discretion. 4.6.2. Large Holes. Sections of AREF with holes 1 in. in diameter or larger will be replaced. New filter fabric must be installed as described in Section 5116.4.5., “Installation.” 4.6.3. Sediment and Debris Removal. The 24-in. height (from ground to top of AREF) must be maintained at all times on both sides of the AREF. Sediment, vegetation, and other debris will be removed daily to prevent 325 5116 3 - 3 12-20 Statewide accumulation, ensure stability of the AREF is not compromised, and to prevent species from climbing or jumping over the AREF into the project area. 4.7. Removal. AREF will remain installed until final stabilization has been achieved (70% vegetative cover) and temporary erosion, sedimentation, and environmental controls have been removed. Trenches must be re- filled immediately and compacted. 5. INSPECTION AREF inspections will occur as directed by the Department based on species-specific criteria. Inspections will be document as directed by the Department. Inspections must occur regardless of holidays or “too wet to work” conditions. The only acceptable reason for not completing an inspection is due to weather-related emergency situations (e.g. lightning or flooding). Inspection personnel must meet the qualifications outlined in Article 5116.3. A primary and alternate inspector must be designated for the project. 6. MEASUREMENT Installation or removal of AREF will be measure by the foot. 7. PAYMENT 7.1. Furnish and Install. The work performed and materials furnished in accordance with furnishing and installation of this Item and measured as provided under “Measurement” will be paid for at the unit price bid for ““AREF (Install).” This price is full compensation for furnishing and operating all materials, tools, equipment, labor and all incidentals necessary to complete the work, including installation, adjustments as needed during operation, and proper disposal. 7.2. Remove. The work performed and materials furnished in accordance with removal of this Item and measured as provided under “Measurement” will be paid for at the unit price bid for ““AREF (Remove).” This price is full compensation for all materials, tools, equipment, labor and all incidentals necessary to complete the work including removal and disposal. 7.3. Maintenance, Repair, and Replacement. The work performed and materials furnished in accordance with maintenance, repair, and replacement of this Item and measured as provided under “Measurement” will be paid for under a Contractor Force Account Item from invoice provided to the Engineer. This price is full compensation for removal of accumulated sediment, vegetation, or other debris required to maintain the specified 24 in. minimum height, and for the repair or replacement of damaged AREF. 326 GEOTECHNICAL INVESTIGATION BONNIE BRAE PHASE 6 ‐ US 380 TO US 77 CITY OF DENTON RPS PROJECT # 007773 SUBMITTED TO RPS INFRASTRUCTURE, INC. 5810 TENNYSON PARKWAY, STUITE 280 PLANO, TX 75024 BY HVJ ASSOCIATES® DALLAS, TEXAS JULY 31, 2020 FINAL REPORT NO. DG‐18‐10125 Office operated by HVJ North Texas - Chelliah Consultants, Inc., a proud independently owned and operated HVJ Associates® franchisee July 31, 2020 Kevin Howlett, PE RPS Infrastructure, Inc. 5810 Tennyson Parkway, Suite 280, Plano, Texas 75024 Re: Geotechnical Investigation Bonnie Brae Phase 6 - US 380 to US 77 Denton, Texas Owner: City of Denton HVJ Associates® Project No. DG-18-10125 Dear Mr. Howlett: Submitted herein is the final report of our geotechnical investigation for the above referenced project. The study was performed in accordance with the Sub-consultant Agreement between HVJ Associates® and RPS Infrastructure, Inc. dated October 25, 2018 and is subject to the limitations presented in this report. We appreciate the opportunity of working with you on this project. Please read the entire report and notify us if there are questions concerning this report or if we may be of further assistance. Sincerely, HVJ NORTH TEXAS - CHELLIAH CONSULTANTS, INC. Texas Firm Registration No. F-17942 Robert H. Lawrence, PE Ferdous Ashrafi, EIT Department Manager Staff Engineer RL/SBS/FA The seal appearing on this document was authorized by Robert H. Lawrence, PE 120422 on July 31, 2020. Alteration of sealed documents without proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act. • Main Text – 22 pages • Appendix C – 50 pages • Appendix G – 9 pages • Plates – 34 pages • Appendix D – 8 pages • Appendix H – 5 pages • Appendix A – 5 pages • Appendix E – 7 pages • Appendix B – 5 pages • Appendix F – 22 pages 8701 John Carpenter Freeway, Suite 250 Dallas, Texas 75247-4640 214.678.0227 Phone 214.678.0228 Fax www.hvj.com 7/31/2020 CONTENTS Page EXECUTIVE SUMMARY ............................................................................................................... I 1 INTRODUCTION ............................................................................................................1 1.1 General ...............................................................................................................................1 1.2 Geotechnical Investigation Program ...................................................................................1 2 FIELD EXPLORATION ..................................................................................................1 2.1 General ...............................................................................................................................1 2.2 Sampling Methods ..............................................................................................................2 2.3 Groundwater Observations ................................................................................................2 2.4 Borehole Completion..........................................................................................................2 3 LABORATORY TESTING ...............................................................................................2 4 SITE CHARACTERIZATION .........................................................................................4 4.1 General Geology .................................................................................................................4 4.2 Soil Stratigraphy ..................................................................................................................4 5 PAVEMENT RECOMMENDATION .............................................................................6 5.1 General ...............................................................................................................................6 5.2 Selected Pavement Section ..................................................................................................6 5.3 Stabilized Subgrade Requirements.......................................................................................6 5.4 Free Swell Test Results and Potential Vertical Rise (PVR) Estimates: .................................7 5.5 Lime Stabilized Subgrade Preparation .................................................................................8 5.6 Cement Stabilized/Cement modified Subgrade preparation ................................................9 5.7 Earthwork Recommendation ..............................................................................................9 6 CAST-IN-PLACE (CIP) RETAINING WALL RECOMMENDATIONS .....................10 6.1 General .............................................................................................................................10 6.2 External Stability Analysis (Bearing Pressure, Sliding, and Overturning) ...........................10 6.3 Global Stability Analysis ...................................................................................................11 6.4 CIP Wall Design Recommendations .................................................................................11 7 SLOPE STABILITY ........................................................................................................12 8 DESIGN REVIEW ..........................................................................................................13 9 LIMITATIONS ...............................................................................................................13 LIST OF TABLES Page Table 3-1 - Summary of Laboratory Test .......................................................................................... 3 Table 3-2 - Summary of Chemical Test Results ................................................................................ 3 Table 4-1 – Stratum Types Encountered .......................................................................................... 5 Table 5-1 – Selected Minimum Pavement Section Details ................................................................ 6 Table 5-2 – Summary of Minimum Recommended Subgrade Stabilization ....................................... 7 Table 5-3 – PVR Values and Remove/Replace Depth for Borings .................................................. 7 Table 5-4 - Gradation Requirements for Stabilized Materials ............................................................ 8 Table 6-1 - Retaining Wall Information .......................................................................................... 10 Table 6-2 - Minimum Recommended Factors of Safety .................................................................. 11 Table 6-3 - Recommended Wall Geometry .................................................................................... 12 Table 6-4 - Calculated Factors of Safety ......................................................................................... 12 PLATES Plate SITE VICINITY ............................................................................................................................................... 1 GEOLOGY MAP ............................................................................................................................................. 2 PLAN OF BORINGS ..................................................................................................................... 3A TO 3E BORING LOGS .................................................................................................................................. 4 TO 27 KEY TO TERM & SYMBOLS .................................................................................................... 28A & 28B APPENDICES Appendix PAVEMENT CORE PICTURES ................................................................................................................. A SUMMARY OF LABORATORY TEST RESULTS ................................................................................. B SULFATES, CHLORIDES, AND PH TEST RESULTS ......................................................................... C PH LIME SERIES TEST RESULTS ........................................................................................................... D SWELL TEST RESULTS ............................................................................................................................... E PVR ESTIMATES ........................................................................................................................................... F CIP WALL GLOBAL STABILITY RUN ................................................................................................... G SIDE SLOPE GLOBAL STABILITY RUN .............................................................................................. H I EXECUTIVE SUMMARY HVJ Associates® was retained by RPS Infrastructure, Inc. to perform a geotechnical investigation for the proposed roadway improvements for Bonnie Brae Street, from US 380 to US 77, in Denton, Texas. Currently Bonnie Brae, from US 380 to US 77, is a 4 lane undivided roadway for the majority of the alignment. It decreases to a 2 lane roadway near the north end. The purpose of the project is to construct facilities that match the sections of Bonnie Brae south of US 380, and connect to the section of Bonnie Brae north of Loop 288, which is planned as a future 6 lane divided roadway. The purpose of this investigation is to perform geotechnical field exploration and provide geotechnical design and construction recommendations for the proposed roadway facilities. Subsurface conditions were evaluated by drilling and sampling a total of nineteen (19) pavement borings (P-1 to 14, and P-17 to P-21) and five (5) retaining wall borings (RW-1, P-15(RW-2), P-16 RW-3), RW-4, and RW-5). The pavement borings were drilled to a maximum depth of 15 feet and the retaining wall and combined borings were drilled to a maximum depth of 30 feet below existing ground surface. A brief summary of our investigational findings is presented below: 1. Subsurface conditions encountered during our field activity in the borings are summarized in the following table. Stratum Types Encountered Boring ID P-1 P-2 P-3 P-4 P-5 P-6 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 7 - 9 - 8.5 - Fill(2) - 0-4 - - - - Lean Clay(3) 0.58-15(8) - - 0-15(8) - Fat Clay(4) 4-15(8) 9-15(8) - 13-15(8) 0-6 Clayey Sand(5) - - 0.75-9 - 0.71-13 - Weathered Limestone(6) - - - - - 6-15(8) Limestone(7) - - - - - - Boring ID P-7 P-8 P-9 P-10 P-11 P-12 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 10 - 8.5 - 9 - Fill(2) - - - - - - Lean Clay (3) 0.83-6 - - - - - Fat Clay(4) 13-15(8) 6-15(8) 0.71-15(8) 0-15(8) 0.75-15(8) 0-6, 13-15(8) Clayey Sand(5) 6-13 0-6 - - - 6-13 Weathered Limestone(6) - - - - - - Limestone(7) - - - - - - II Boring ID P-13 P-14 P-15 (RW-2) P-16 (RW-3) P-17 P-18 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 8 8.5 8.5 9 11 - Fill(2) - - 0.71-2 0.75-2 - - Lean Clay (3) - 0.71-8 2-6 18-30(8) - - Fat Clay(4) 13-15(8) 8-15(8) 2-9 0.92-15(8) 0-15(8) Clayey Sand(5) 0.67-13 - 6-18 9-18 - - Weathered Limestone(6) - - 18-30(8) - - - Limestone(7) - - - - - - Boring ID P-19 P-20 P-21 RW-1 RW-4 RW-5 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 10.5 - - - - - Fill(2) - - - 0-2.5 - - Lean Clay (3) - 0-3 0-3 2.5-9 0-4 2-13 Fat Clay(4) 0.88-15(8) 3-15(8) 3-15(8) 4-30(8) 13-31.5(8) Clayey Sand(5) - - - - - 0-2 Weathered Limestone(6) - - - 9-12 - - Limestone(7) - - - 12-30(8) - - Notes: (1) The pavement thickness encountered are presented in the boring logs in Plates 4 to 27. Pavement core pictures are presented in Appendix A. (2) Sandy clay/clayey sand, stiff/compact, moist, brown to reddish brown (3) Sandy, stiff to very stiff, moist to wet, light brown to brown, with calcareous nodules (4) Sandy/with sand, stiff to very stiff, moist, light brown to dark brown/gray (5) Loose to dense, moist, light brown to reddish brown, with occasional gravel (6) Soft to very soft, light brown to gray, with sand and trace fossils (7) Soft, light gray to gray (8) Boring termination depth. 2. Groundwater was encountered during drilling operation only in borings P-16(RW-3) and RW-5 at depths of 13 feet and 2 feet respectively, below ground surface. It is anticipated that groundwater levels will fluctuate due to seasonal variations in climatic conditions. 3. Standard laboratory tests consisting of moisture contents, Atterberg limits, percent passing #200 sieve, lime series, swell, sulfates, chlorides, and pH tests. These tests were performed on select soil samples. The test results are included in the boring logs presented in Plates 4 to 27. A summary of the laboratory test results is also presented in Appendix B. 4. Sulfates, chlorides, and pH tests were conducted on select soil samples. A report of the test results have been attached in Appendix C. Additional sulfate tests were also conducted on soil samples selected from depth of 0 to 4 feet in pavement borings. A summary of these test results are presented in the table below: III Summary of Chemical test results Boring Depth (feet) Sulfate content (ppm) Chloride content (ppm) pH P-1 4-6 <100 14.7 9.41 P-2 0-2 <100 - - P-2 2-4 <100 - - P-4 4-6 <100 7.43 9.07 P-5 13-15 227 9.56 9.24 P-6 2-4 <100 4.87 8.72 P-7 1-2 <100 64.0 9.40 P-9 4-6 <100 35.0 9.90 P-10 2-4 223 186 9.81 P-13 2-4 <100 14.7 9.62 P-14 2-4 <100 9.95 8.58 P-15(RW-2) 4-6 <100 9.78 9.88 P-16(RW-3) 4-6 160 18.8 9.78 18-20 <100 4.86 9.50 P-17 4-6 3240 99.8 9.58 P-18 0-2 <100 <4.96 9.11 P-19 2-4 120 39.2 9.79 P-20 0-2 <100 - - P-20 2-4 <100 - - P-21 0-2 <100 - - P-21 2-4 133.3 - - RW-1 3-5 <100 19.8 8.61 RW-4 4-6 2610 79.2 9.05 RW-5 4-6 134 281 9.03 It should be noted that the maximum sulfate content was found to be 3240 ppm in boring P-17. These soils have high potential of sulfate heave and can have detrimental effects on the structures. Due to the presence of high sulfate content found in the deep soil layers within the project alignment, we recommend that the contractor confirms the percentage of lime treatment applicable per TxDOT Item 260. We recommend additional sulfate testing to be performed during construction from the exposed subgrade soils. 5. Lime series pH tests were performed on select soil samples at depths between 0 to 4 feet. Based on the test results and minimum recommendations put forth by City of Denton Transportation Design Criteria manual, we recommend using a minimum lime content of 7% for bidding purposes. Note that additional lime content may be recommended based on experience and local criteria in the following sections. The test results are included in Appendix D. IV 6. Free swell tests were performed on select soil samples and the test results are included in Appendix E. The test results had a maximum swell potential of 2.78% in Boring P-16(RW-3). 7. We understand that this project includes pavement reconstruction and widening of existing pavement from 4 to 6 lanes. A summary of pavement section recommendations for both Rigid and Flexible pavement and subgrade treatment are presented below. Based on information provided by RPS Infrastructure, the proposed street is classified as “Commercial.” The recommendations are in general accordance with City of Denton Transportation Design Criteria Manual, 2018. Selected Minimum Pavement Section Details Street Classification Rigid Pavement Section Flexible Pavement Section Commercial Reinforced Concrete Pavement depth (inches) Stabilized Subgrade depth (inches) Asphalt Surface Course (inches) Asphalt Base Course (inches) Stabilized Subgrade Depth (inches) 10 12 3 9 12 Summary of Minimum Recommended Subgrade Stabilization Subgrade Stabilization Rigid Pavement Section Flexible Pavement Section Stabilized Subgrade depth (inches) Application rate by percentage of total dry weight, (%) Applied quantity (lbs/sy)(1) Stabilized Subgrade depth (inches) Application rate by percentage of total dry weight, (%) Applied quantity (lbs/sy)(1) Lime Stabilization 12 7 57 12 7 57 Cement Stabilization 12 7 57 12 7 57 Note: 1. This amount for stabilization is provided for 12 inches depth and 90 pcf dry unit weight of soil for estimation purposes only. The exact amount of lime or cement should be determined by testing the exposed subgrade during construction phase by an accredited testing laboratory. TxDOT flexible base can also be used as another alternative to treated subgrade. Depth of flexible base should be of similar thickness to stabilized subgrade thickness recommendation. Flexible base material should be TxDOT item 247, of Grade 1, Type A or Type D. Recommendations for fill materials and subgrade preparation are provided in Section 5.4 of this report. 8. Potential Vertical Rise (PVR) values were estimated in general accordance with TEX 124-E method to a depth of 15 feet at dry condition. A summary of PVR calculation and required remove and replacement depths are provided in Table 5-3. PVR estimates at each boring are provided in Appendix F. V 9. We understand that the project involves the design and construction of cast-in-place cantilever retaining walls along the project alignment. Borings RW-1, P-15(RW-2), P-16(RW-3), RW-4 and RW-5 were drilled at the proposed wall locations. Detailed information about the retaining wall recommendations is presented in Section 6 of this report. 10. Based on information provided by RPS Infrastructure, side slopes may be used to tie into the existing ground from the edge of proposed sidewalk at certain locations. These locations are approximately between Stations 79+50 and 81+50 and between Stations 106+00 and 109+00. The maximum height of the proposed slope for the section between 79+50 and 81+50 is 2.5 feet with no top slope. For the section between 106+00 and 109+00, the maximum height is 5 feet with top slope. The slope ratio is planned to be 3(H):1(V). Slope stability analysis was conducted using various stone riprap configurations for the proposed slope heights. We recommend using stone riprap on the slopes with a toe key. The analysis results are presented in Appendix H. Detailed information about the slope recommendation is presented in Section 7 of this report. Please note that this executive summary does not fully relate our findings and opinions. Those findings and opinions are only presented through our full report. 1 1 INTRODUCTION 1.1 General HVJ Associates® was retained by RPS Infrastructure, Inc. to perform a geotechnical investigation for the proposed roadway improvements for Bonnie Brae Street, from US 380 to US 77, in Denton, Texas. Currently Bonnie Brae, from US 380 to US 77, is a 4 lane undivided roadway for the majority of the alignment. It decreases to a 2 lane roadway near the north end. The purpose of the project is to construct facilities that match the sections of Bonnie Brae south of US 380, and connect to the section of Bonnie Brae north of Loop 288, which is planned as a future 6 lane divided roadway. The purpose of this investigation is to perform geotechnical field exploration and provide geotechnical design and construction recommendations for the proposed roadway facilities. A Site Vicinity Map is presented on Plate 1. 1.2 Geotechnical Investigation Program The objectives of this investigation were to gather information on subsurface conditions at the site and to provide design recommendations for the proposed pavement and retaining walls. The objectives were accomplished by: 1. Drilling a total of twenty one (21) pavement borings and five (5) retaining wall borings (where borings P-15(RW-2) and P-16(RW-3) were conducted as both pavement and retaining wall borings) to determine soil stratigraphy and to obtain samples for laboratory testing, 2. Pavement coring at twelve (12) locations to determine the existing pavement type and thickness, 3. Performing laboratory tests to determine physical and engineering characteristics of the soils, 4. Performing engineering analyses to develop design guidelines and recommendations for the proposed pavement and retaining walls. Subsequent sections of this report contain descriptions of the field exploration, laboratory testing program, general site and subsurface conditions, design recommendations, construction considerations, and general earthwork recommendations. 2 FIELD EXPLORATION 2.1 General The field exploration program was performed between December 16, 2019 and January 29, 2020. Subsurface conditions were evaluated by drilling and sampling a total of twenty one (21) pavement borings (P-1 to P-21) and five (5) retaining wall borings (RW-1, P-15(RW-2), P-16(RW-3), RW-4, and RW-5). The pavement borings were drilled to a maximum depth of 15 feet, while the retaining wall and combined pavement-retaining wall borings were drilled to a maximum depth of 30 feet below existing ground surface. A site plan showing approximate boring locations is presented on Plate 3, Plan of Borings. 2 2.2 Sampling Methods The pavement surface was cored prior to drilling at twelve (12) boring locations. The existing pavement consists of 7 to 11 inch thick asphalt pavement. Pavement core pictures are included in Appendix A. The borings were advanced using a truck-mounted drill rig equipped with continuous flight augers to get samples at each interval depth. Samples were obtained continuously to a depth of 10 feet and at 5 feet intervals thereafter. Cohesive soil samples were obtained using a three-inch thin-walled (Shelby) tube sampler in general accordance with ASTM D-1587 standard. Granular soils were sampled with the standard penetration test (SPT) sampler in general accordance with ASTM D-1586. Each sample was removed from the sampler in the field, carefully examined and then classified. The shear strength of the cohesive soils was estimated by a hand penetrometer in the field. Suitable portions of each sample were sealed and packaged for transportation to our laboratory. TxDOT cone penetrometer (TCP) test was performed on retaining wall borings, starting at the depth where bedrock was encountered and then at 5 feet intervals thereafter, to verify the bedrock in-situ strength. The test consists of driving a 3-inch diameter cone with a 170-pound hammer, which is dropped for a distance of 2 feet. The cone is seated and driven to 12 blows or 6 inches, whichever comes first. Then it is driven for two consecutive 6-inch increments, and the blow counts for each increment are noted. In hard materials, the cone is driven with the resulting penetration in inches recorded for the 50 blows. The numbers of blows for each 6-inch increment and/or the amount of penetration for each 50 blows are presented on the boring logs in Plates 4 to 27. Detailed descriptions of the soils and rocks encountered in the borings are given on the boring logs presented on Plates 4 to 27. Keys to the soil and rock classification and symbols used in the boring logs are presented on Plate 28. 2.3 Groundwater Observations Groundwater was encountered during drilling operation only in borings P-16(RW-3) and RW-5 at depths of 13 and 2 feet below ground surface respectively. However, it is anticipated that groundwater levels will fluctuate due to seasonal variations in climatic conditions. 2.4 Borehole Completion The borings were backfilled with bentonite chips/soil cuttings upon completion of drilling and patched with asphalt to match the existing pavement surface. 3 LABORATORY TESTING Selected soil samples were tested in the laboratory to determine applicable physical and engineering properties. All tests were performed in accordance with relevant ASTM Standards. These tests consisted of moisture content, Atterberg limits, percent passing #200 sieve, lime series, swell, and soluble sulfates, chlorides, and pH. The laboratory test results are presented on the boring logs in Plates 4 to 27. A summary of the laboratory test results is also presented in Appendix B. The Atterberg limits and percent passing No. 200 sieve tests were utilized to verify field classification by the Unified Soil Classification System. The type and number of tests performed for this investigation are summarized in the Table 3-1. 3 Table 3-1 - Summary of Laboratory Test Type of Test Number of Tests Moisture Content (ASTM D2216) 112 Atterberg Limits (ASTM D4318) 55 Percent Passing No. 200 Sieve (ASTM D1140) 54 Unconfined Compression (ASTM D2166) 3 Sulfates (SW-846 9038) 24 Chlorides (SW 9056) 18 pH (EPA 9045C) 18 Lime series 7 Free Swell Tests (ASTM D4546) 6 Sulfates, chlorides, and pH tests were conducted on select soil samples. A report of the test results have been attached in Appendix C. Additional sulfate tests were also conducted on soil samples selected from depth of 0 to 4 feet in pavement borings. A summary of these test results are presented in the table below: Table 3-2 - Summary of Chemical Test Results Boring Depth (feet) Sulfate content (ppm) Chloride content (ppm) pH P-1 4-6 <100 14.7 9.41 P-2 0-2 <100 - - P-2 2-4 <100 - - P-4 4-6 <100 7.43 9.07 P-5 13-15 227 9.56 9.24 P-6 2-4 <100 4.87 8.72 P-7 1-2 <100 64.0 9.40 P-9 4-6 <100 35.0 9.90 P-10 2-4 223 186 9.81 P-13 2-4 <100 14.7 9.62 P-14 2-4 <100 9.95 8.58 P-15(RW-2) 4-6 <100 9.78 9.88 P-16(RW-3) 4-6 160 18.8 9.78 18-20 <100 4.86 9.50 P-17 4-6 3240 99.8 9.58 P-18 0-2 <100 <4.96 9.11 P-19 2-4 120 39.2 9.79 P-20 0-2 <100 - - P-20 2-4 <100 - - P-21 0-2 <100 - - P-21 2-4 133.3 - - 4 Boring Depth (feet) Sulfate content (ppm) Chloride content (ppm) pH RW-1 3-5 <100 19.8 8.61 RW-4 4-6 2610 79.2 9.05 RW-5 4-6 134 281 9.03 It should be noted that the maximum sulfate content was found to be 3240 ppm in boring P-17. These soils have high potential of sulfate heave and can have detrimental effects on the structures. Due to the presence of high sulfate content found in the deep soil layers within the project alignment, we recommend that the contractor confirms the percentage of lime treatment applicable per TxDOT Item 260. We recommend additional sulfate testing to be performed during construction from the exposed subgrade soils. 4 SITE CHARACTERIZATION 4.1 General Geology According to the University of Texas at Austin, Bureau of Economic Geology “Geologic Atlas of Texas”, the project site lies within the undivided Pawpaw Formation, Weno Limestone, and Denton Clay (map symbol Kpd) and Grayson Marl and Mainstreet Limestone (map symbol Kgm). A Geology Map of the project is presented in Plate 2. The Pawpaw Formation, Weno Limestone, and Denton Clay (Kpd) consist of calcareous marl, near middle soft ledge-forming limestone bed, about 10 feet thick over alternating clay, marl and limestone. The thickness of bedrock is about 6-45 feet. Grayson Marl (map symbol Kgm) consists mostly of marl, with some thin interbeds of limestone near the top. It is slightly sandy, fossiliferous, and has a thickness of about 15-60 ft. Main Street Limestone consists of coarse-grained, hard, thick limestone beds, interbedded with thin marl beds. It has a thickness of about 10-20 ft. 4.2 Soil Stratigraphy Our interpretation of soil conditions at the project site is based on information obtained at the boring locations only. This information has been used as the basis for our conclusions and recommendations. Significant variations at areas not explored by the project borings may require reevaluation of our findings and conclusions. Based on our field investigation, the subsurface soils observed are presented in Table 4-1 below: 5 Table 4-1 – Stratum Types Encountered Boring ID P-1 P-2 P-3 P-4 P-5 P-6 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 7 - 9 - 8.5 - Fill(2) - 0-4 - - - - Lean Clay(3) 0.58-15(8) - - 0-15(8) - Fat Clay(4) 4-15(8) 9-15(8) - 13-15(8) 0-6 Clayey Sand(5) - - 0.75-9 - 0.71-13 - Weathered Limestone(6) - - - - - 6-15(8) Limestone(7) - - - - - - Boring ID P-7 P-8 P-9 P-10 P-11 P-12 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 10 - 8.5 - 9 - Fill(2) - - - - - - Lean Clay (3) 0.83-6 - - - - - Fat Clay(4) 13-15(8) 6-15(8) 0.71-15(8) 0-15(8) 0.75-15(8) 0-6, 13-15(8) Clayey Sand(5) 6-13 0-6 - - - 6-13 Weathered Limestone(6) - - - - - - Limestone(7) - - - - - - Boring ID P-13 P-14 P-15 (RW-2) P-16 (RW-3) P-17 P-18 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 8 8.5 8.5 9 11 - Fill(2) - - 0.71-2 0.75-2 - - Lean Clay(3) - 0.71-8 2-6 18-30(8) - - Fat Clay(4) 13-15(8) 8-15(8) 2-9 0.92-15(8) 0-15(8) Clayey Sand(5) 0.67-13 - 6-18 9-18 - - Weathered Limestone(6) - - 18-30(8) - - - Limestone(7) - - - - - - Boring ID P-19 P-20 P-21 RW-1 RW-4 RW-5 Approximate Depth of Strata Encountered in Borings (feet) Asphalt Pavement thickness (inches)(1) 10.5 - - - - - Fill(2) - - - 0-2.5 - - Lean Clay(3) - 0-3 0-3 2.5-9 0-4 2-13 Fat Clay(4) 0.88-15(8) 3-15(8) 3-15(8) 4-30(8) 13-31.5(8) Clayey Sand(5) - - - - - 0-2 Weathered Limestone(6) - - - 9-12 - - Limestone(7) - - - 12-30(8) - - Notes: (1) The pavement thickness encountered are presented in the boring logs in Plates 4 to 27. Pavement core pictures are presented in Appendix A. (2) Sandy clay/clayey sand, stiff/compact, moist, brown to reddish brown 6 (3) Sandy, stiff to very stiff, moist to wet, light brown to brown, with calcareous nodules (4) Sandy/with sand, stiff to very stiff, moist, light brown to dark brown/gray (5) Loose to dense, moist, light brown to reddish brown, with occasional gravel (6) Soft to very soft, light brown to gray, with sand and trace fossils (7) Soft, light gray to gray (8) Boring termination depth. Detailed descriptions of the soils and rock encountered in the borings are given on the boring logs presented in Plates 4 to 27. Keys to the terms and symbols used for soil and rock classification are also presented on Plate 28. 5 PAVEMENT RECOMMENDATION 5.1 General The project includes approximately 1.8 miles of pavement reconstruction and widening of existing pavement from 4 lanes to 6 lanes along Bonnie Brae Street from US 380 to US 77. Subsequent sections include the design recommendations for rigid and flexible pavement sections. 5.2 Selected Pavement Section The pavement section and subgrade requirement should be in accordance with City of Denton Transportation Design Criteria Manual, March 2018. Based on information provided by RPS Infrastructure, the proposed street is classified as ‘Commercial’. Therefore, based on Table 3.1.1 Pavement Structural Section, the following pavement sections were selected: Table 5-1 – Selected Minimum Pavement Section Details Street Classification Rigid Pavement Section Flexible Pavement Section Commercial Reinforced Concrete Pavement depth (inches) Stabilized Subgrade depth (inches) Asphalt Surface Course (inches) Asphalt Base Course (inches) Stabilized Subgrade Depth (inches) 10 12 3 9 12 Minimum steel reinforcement and various standard joints shall be provided based on "The City of Denton Standard Details, December 2018". 5.3 Stabilized Subgrade Requirements The subgrade soils encountered in the pavement borings consisted of lean clay and fat clay soils. The fat clay soils have a liquid limit of 50 or greater. If such soils are encountered, based on the City of Denton Transportation Design Criteria Manual, March 2018, a minimum treatment of 7% of lime by dry weight is recommended. If clayey sand soils are encountered, based on City of Denton Transportation Design Criteria Manual, March 2018, a minimum of 7% of cement by dry weight is recommended. A summary of the recommended subgrade stabilization methods is presented in Table 5-2. 7 Table 5-2 – Summary of Minimum Recommended Subgrade Stabilization Subgrade Stabilization Rigid Pavement Section Flexible Pavement Section Stabilized Subgrade depth (inches) Application rate by percentage of total dry weight, (%) Applied quantity (lbs/sy)(1) Stabilized Subgrade depth (inches) Application rate by percentage of total dry weight, (%) Applied quantity (lbs/sy)(1) Lime Stabilization 12 7 57 12 7 57 Cement Stabilization 12 7 57 12 7 57 Note: 1. This amount for stabilization is provided for 12 inches depth and 90 pcf dry unit weight of soil for estimation purposes only. The exact amount of lime or cement should be determined by testing the exposed subgrade during construction phase by an accredited testing laboratory. TxDOT flexible base can also be used as another alternative to treated subgrade. Depth of flexible base should be of similar thickness to stabilized subgrade thickness recommendation. Flexible base material should be TxDOT item 247, of Grade 1, Type A or Type D. 5.4 Free Swell Test Results and Potential Vertical Rise (PVR) Estimates: Free swell tests were performed on select soil samples and the test results are included in Appendix E. The test results had a maximum swell potential of 2.78% in Boring P-16(RW-3). Potential Vertical Rise (PVR) values were estimated by the obtained TEX 124-E method. The swell potential of the overburden soils in the upper 15 feet were considered for the estimate discussed in this section. Potential Vertical Rise (PVR) values were estimated at a dry state to simulate similar dry conditions at the time of construction. The PVR represents the potential ability of a soil material at a specific density, moisture and loading condition to swell. It indicates the potential movement of the soils that may be realized if the soils become wet from a relatively dry condition. The PVR value is provided to demonstrate the relative severity of the swell potential of the clayey soils at the site; however, this value is not intended to be used directly as a design parameter. The actual amount of swell the pavement may experience depends on many variables which are not known at the time of this study (such as the time of year the pavement is constructed, etc.). PVR calculations for each boring are included in Appendix F. A summary of potential vertical rise (PVR) calculation and required removal and replacement depths are provided in Table 5-3. Table 5-3 – PVR Values and Remove/Replace Depth for Borings Boring PVR Calculation Depth(1) (feet) Existing PVR (inch) Remove/Replace Depth (feet) for PVR: 1.0 inch 1.5 inch 2.0 inch P-1 15 0.98 N/A N/A N/A P-2 15 2.79 7.0 5.0 3.0 P-3 15 1.74 4.0 1.5 N/A P-4 15 3.90 10.0 8.0 6.5 P-5 15 1.60 3.5 1.0 N/A P-6 6 2.19 3.5 2.5 1.0 8 Boring PVR Calculation Depth(1) (feet) Existing PVR (inch) Remove/Replace Depth (feet) for PVR: 1.0 inch 1.5 inch 2.0 inch P-7 15 2.04 3.5 2.5 N/A P-8 15 1.72 7.0 3.0 N/A P-9 15 4.13 9.0 7.0 5.5 P-10 15 3.89 9.0 7.0 5.0 P-11 15 2.36 7.5 4.5 2.5 P-12 15 2.88 4.5 3.5 3.0 P-13 12 0.77 N/A N/A N/A P-14 15 2.88 8.0 5.0 3.5 P-15(RW-2) 15 0.59 N/A N/A N/A P-16(RW-3) 15 2.30 4.5 3.0 1.5 P-17 15 3.29 8.0 6.0 4.0 P-18 15 1.90 5.0 2.5 N/A P-19 15 3.91 9.5 8.0 6.0 P-20 15 3.66 8.0 6.5 5.0 P-21 15 3.02 7.0 5.5 4.5 Note: (1) PVR was calculated with the depth range of soil up to 15 feet or top of weathered limestone, whichever occurs first. 5.5 Lime Stabilized Subgrade Preparation HVJ recommends Lime or Cement stabilization for the subgrade. If lime treated option is selected, then the subgrade should be compacted to a minimum of 95 percent of the maximum density in a moisture content range of +3 percent to +6 percent of the soil/lime mixture's optimum moisture content as determined by ASTM D 698. Lime stabilization should extend at least one foot outside the perimeter of the pavement. Project specifications should allow for a 72 hour mellowing period between initial and final mixing of the soils stabilized with hydrated lime. After initial mixing, the subgrade should be lightly rolled and maintained at a moisture content range above its optimum moisture content until final mixing and compaction. The following gradation requirements, as obtained from Table 301.2.3.5.1.(a) in NCTCOG Standard Specification, November 2017, are recommended for the lime-treated materials prior to final compaction: Table 5-4 - Gradation Requirements for Stabilized Materials Particles Percent Minimum Passing 1-3/4" Sieve 100 Minimum Passing No. 4 Sieve 60 The prepared subgrade should be protected and moist cured or sealed with a bituminous material until the pavement materials are placed. Finished pavement subgrade areas should be graded at all times to reduce ponding and infiltration of excessive moisture on or adjacent to the pavement subgrade surface. The lime stabilization should be extended about 5 feet both sides to the curb of pavement to prevent swell as moisture barrier. 9 5.6 Cement Stabilized/Cement modified Subgrade preparation If cement stabilized subgrade option is selected, the subgrade should be compacted to a minimum density of 98 percent of the maximum dry density determined by ASTM D 698 at a moisture range of -2 to +2 percent of the optimum moisture content. Finished pavement subgrade areas should be graded at all times to prevent ponding and infiltration of excessive moisture on or adjacent to the pavement subgrade surface. The cement stabilization should be extended about 5 feet beyond the curb lines of pavement to prevent swell as moisture barrier. 5.7 Earthwork Recommendation The exposed subgrade should be proof rolled to detect any soft soils. Soft areas should be removed and replaced with compacted soils exhibiting similar classification as the adjacent in-place soils. Clean undercut soils can be replaced with controlled compaction. Any highly plastic clay soils below the existing pavement could be subject to desiccation if left exposed, particularly during dry periods with high temperatures. Desiccation or drying of these soils could contribute to future pavement movements. For this reason, it is recommended that subgrade areas consisting of clays be prevented from excessive drying prior to stabilization of subgrades and construction of pavement sections. Prior to placement of any new fill required, the exposed subgrade should be scarified to a minimum depth of 8 inches; moisture conditioned to the recommended moisture contents and compacted to at least 95 percent of the Standard Proctor (ASTM D-698) maximum dry density. Any required fill soils should be placed in a similar manner. Clean undercut soils should be compacted in a similar manner. Fill materials or reworked existing soils with a plasticity index (PI) of 25 or less consisting of sandy clays or sandy soils should be spread in loose relatively horizontal lifts no greater than about 8 inches maximum loose thickness and compacted to a minimum density of 95 percent of the Standard Proctor density in a moisture content range of -1 to +3 percent of the material’s optimum moisture content as determined by ASTM D-698. Fill materials or reworked existing clays with a Plasticity Index greater than 25 but less than 35 should be spread in loose relatively horizontal lifts no greater than about 8 inches maximum loose thickness and compacted to a minimum density of 95 percent of Standard Proctor density and in a moisture content range of +1 to +5 percent above the material’s optimum moisture content as determined by ASTM D-698. Where the soil PI exceeds 35, the moisture content should range from +3 to +6 percent above the soil’s optimum and compacted to the density requirements indicated above. Some variation in the moisture content ranges may be necessary where the soils contain significant quantities of gravel, limestone fragments and calcareous deposits. It is important that the soil subgrades be uniform as practical in both moisture content and density to limit differential movements. In all areas to be paved, subgrade earthwork operations should be performed under the supervision of qualified contractor personnel working in conjunction with the project geotechnical or materials testing engineer. Adequate field moisture content and density tests should be performed on the compacted subgrade and all fill throughout all areas to be paved. It is also important that proper surface drainage be provided so that infiltration of surface water from unpaved areas adjacent to the pavement is minimized. Curb lines should be backfilled as soon as practical to avoid trapping water next to the pavement. 10 Pavement subgrade conditions should be evaluated during construction to verify the subgrade stabilization recommendations provided in this report. If borrow material from other areas of the site or off site are required, the properties of these materials could vary from the near surface soils and should be evaluated. It is recommended that all of the subgrade areas be proof rolled after rough grading is complete in order to verify the subgrade stability. Any soft areas identified should be undercut and recompacted with soils which can be recompacted to the required moisture and density as recommended in the section of the report. 6 CAST-IN-PLACE (CIP) RETAINING WALL RECOMMENDATIONS 6.1 General We understand that the project involves the design and construction of cast-in-place cantilever retaining walls along the project alignment. Information obtained from RPS Infrastructure about the proposed walls are summarized in the Table 6-1 below. Table 6-1 - Retaining Wall Information Wall ID Beginning Station Ending Station Maximum Exposed Height (ft) Maximum Backslope Design Standard(1) Standard Design Modification RW-1 44+13.59 45+83.86 3.0 4H : 1V TxDOT RW 1(L)C(2) Yes, see Table 6-3 RW-2 102+93.09 105+85.64 5.0 20H : 1V TxDOT RW 1(L)B Yes, see Table 6-3 RW-3 109+38.47 111+85.32 3.0 20H : 1V TxDOT RW 1(L)B Yes, see Table 6-3 RW-4 Survey information not available Survey information not available 1.5 25H : 1V City of Denton Standard Sidewalk Yes, see Table 6-3 Notes: (1) Information from the client indicates that retaining walls RW-1, RW-2 and RW-3 will be designed as TxDOT Standard Spread Foot Retaining Walls. RW-4 will be designed following City of Denton Standard Sidewalk details. (2) During our field investigation, presence of an active parking lot was identified behind the proposed RW-1 wall location. HVJ thus recommends designing wall RW-1 following TxDOT RW 1(L) C Standard to account for the additional surcharge on the wall back-slope. A structural engineer should evaluate the internal stability of the wall. In addition to overall earth design parameters, we have provided some general discussion and analysis of CIP retaining wall design in the following sections. 6.2 External Stability Analysis (Bearing Pressure, Sliding, and Overturning) Retaining walls require stability evaluation for bearing pressure, sliding and overturning. Table 6-2 summarizes the minimum recommended factors of safety for bearing pressure, sliding and overturning. 11 Table 6-2 - Minimum Recommended Factors of Safety Stability Condition Minimum Factor of Safety Recommended Bearing pressure 2.0 Sliding 1.5 Overturning 2.0 In addition to meeting the minimum factors of safety listed above, the lateral pressures acting on the wall should generate an eccentric force that is located in the middle third of the wall base. We have evaluated these stability requirements for the walls listed in Table 6-1 based on the cross-section and layouts provided by RPS Infrastructure on January 23, 2020. 6.3 Global Stability Analysis Texas Department of Transportation (TxDOT) requires a minimum factor of safety of 1.5 for retaining wall global stability. The factor of safety represents the calculated resisting forces and moments divided by the calculated driving forces and moments of the various potential failure surfaces analyzed. These forces and moments are based on the estimated unit weights and shear strengths of the various soils in the slope profile. Accordingly, a factor of safety of 1.0 indicates impending failure. The larger the factor of safety is above 1.0, the lower will be the risk that the slope will fail. As a practical matter, and in consideration of the variables and unknowns involved, the risk cannot be reduced to zero. The goal is to reduce the risk of slope failure to a reasonable and acceptable level, with due consideration of the consequences of failure. Global slope stability analyses were performed for the long-term and short-term cases for the retaining wall. We understand that the walls are not located in a flood plain; therefore, no rapid drawdown case was considered in our analysis. Global stability results are included in Appendix G. 6.4 CIP Wall Design Recommendations The retaining wall layouts provided by RPS Infrastructure were analyzed for external and global stability. In addition to the loads imposed on the wall by the retained soils, a surcharge of 250 psf was applied on top of the wall. Table 6-4 below summarizes the recommended wall dimensions with shear key depths. The main purpose of the installation of the shear key is to increase the passive resistance developed by the height of the shear key, and also to maintain eccentricity within the middle third of the wall base. Table 6-5 summarizes the calculated factors of safety for recommended CIP wall, against external stability and global stability failures. 12 Table 6-3 - Recommended Wall Geometry RW-1 (feet and inches) RW-2 (feet and inches) RW-3 (feet and inches) RW-4 (feet and inches) Maximum Wall Exposed Height 3’ – 0” 5’ – 0” 3’ – 0” 1’ – 6” Embedded Wall Height(1) 3’ – 0” 3’ – 6” 3’ – 0” 1’ – 10” Total Wall Height, H (Exposed + Embedded) 6’ – 0” 8’ – 6” 6’ – 0” 3’ – 4” Width of Footing, Fw 5’ – 8” 6’ – 4” 5’ – 0” 1’ – 0” Width of Toe, Tw 2’ – 10” 3’ – 2” 2’ – 6” 0’ – 3” Width of Heel, Hw 1’ – 10” 2’ – 2” 1’ – 6” 0’ – 1” Stem Width, Sw 1’ – 0” 1’ – 0” 1’ – 0” 0’ – 8” Thickness of Footing, Ft 1’ – 0” 1’ – 0” 1’ – 0” 1’ – 6” (2) Width of Shear Key, Kw 1’ – 0” (2) 1’ – 0” (2) 1’ – 0” (2) - Thickness of Shear Key, Kt 1’ – 0” (2) 1’ – 6” (2) 1’ – 0” (2) - Note: (1) Embedded Wall Height includes thickness of shear key, Kt (2) Dimension has been modified from proposed Design Standard to achieve factor of safety requirement for global stability. Table 6-4 - Calculated Factors of Safety Calculated Factors of Safety Wall ID Bearing Sliding Over turning Global RW-1 8.92 1.83 5.55 1.53 RW-2 5.36 1.73 3.15 1.53 RW-3 6.71 1.61 2.99 1.51 RW-4 - - - 1.56 7 SLOPE STABILITY Based on information provided to us by RPS Infrastructure, side slopes may be used to tie into the existing ground from the edge of proposed sidewalk at certain locations. These locations are approximately between Stations 79+50 and 81+50 and between Stations 106+00 and 109+00. The maximum height of the proposed slope for the section between 79+50 and 81+50 is 2.5 feet with no top slope. For the section between 106+00 and 109+00, the maximum height is 5 feet with top slope. Slope ratio is planned to be 3(H):1(V). Our analysis proceeded as follows: 1. Based on the borings drilled within the proposed slope locations, the foundation soils and sloped soils have the following criteria: short-term cohesion of 1,000 psf, a long-term friction angle of 23 degrees, and a unit weight of 125 pcf. 13 2. A global stability factor of safety of 1.5 is required in accordance with TxDOT Geotechnical Manual for slopes that support abutment, buildings, critical utilities, or for other installations with a low tolerance for failure. 3. To achieve the required global stability factor of safety of 1.5, we recommend using stone riprap on the slopes and a stone riprap key at the toe of the slope. Slope stability analysis was conducted using various stone riprap configurations for the proposed slope heights. The analysis results are presented in Appendix H. The following are the recommendations for the use of riprap for different slope heights. • For 3(H):1(V) slope heights of 2.5 feet, we recommend using an 18 inch thick stone riprap protection on the slope. We recommend an 18 inch X 18 inch riprap shear key at the bottom of the slope. • For 3(H):1(V) slope heights between 2.5 feet to 5 feet, we recommend using a 24 inch thick stone riprap protection on the slope. We recommend a 2 feet X 2 feet riprap shear key at the bottom of the slope. • For 3(H):1(V) slope heights between 5 feet to 10 feet, we recommend using a 36 inch thick stone riprap protection on the slope. We recommend a 4 feet X 4 feet riprap shear key at the bottom of the slope. • For 3(H):1(V) slope heights between 10 feet to 15 feet, we recommend using a 48 inch thick stone riprap protection on the slope. We recommend a 9 feet X 9 feet riprap shear key at the bottom of the slope. Slopes with height greater than 15 feet were not analyzed for this project. HVJ should be informed if slopes higher than 15 feet are expected at the project location so that additional analysis can be performed. 8 DESIGN REVIEW HVJ Associates® should review the design and construction plans and specifications prior to release to make certain that the geotechnical recommendations and design criteria presented herein have been properly interpreted. 9 LIMITATIONS This investigation was performed for the exclusive use of RPS Infrastructure, Inc. and City of Denton to provide a geotechnical study for the proposed roadway improvements for Bonnie Brae Street, from US 380 to US 77, in Denton, Texas. HVJ Associates® has endeavored to comply with generally accepted geotechnical engineering practice common in the local area. HVJ Associates® makes no warranty, express or implied. The analyses and recommendations contained in this report are based on data obtained from subsurface exploration, laboratory testing, the project information provided to us and our experience with similar soils and site conditions. The methods used indicate subsurface conditions only at the specific locations where samples were obtained, only at the time they were obtained, and only to the depths penetrated. Samples cannot be relied on to accurately reflect the strata variations that usually exist between sampling locations. Should any subsurface conditions other than those described in our boring logs be encountered, HVJ Associates® should be immediately notified so that further investigation and supplemental recommendations can be provided. PLATES APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 1/23/2020 SBS FA SITE VICINITY MAP Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 1 B-5 B-4 B-2 B-1 B-6 PCE - 2 FM 346 Image obtained from Google Earth Pro, January 2020 B-4 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 U.S. HW 77 Project Vicinity Legend: Approximate Project Alignment MAXIMUM DRY DENSITY :119.4 pcf OPT. MOISTURE CONTENT :11.3 % APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 03/30/2020 SBS FA GEOLOGY MAP Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 2 Image obtained from Google Earth Pro, March 2020 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 Site Vicinity Qt: Terrace Deposits Kfd: Fort worth Limestone and Dutch Creek Formation Legend: Approximate Project Alignment Kau Kgm Qu Kfd Kpd Kwb Qt Key Kpd: Pawpaw Formation, Weno Limestone, and Denton Clay Kgm: Grayson Marl and Main Street Limestone Kwb: Woodbone Formation Qu: Quarternary Deposits Qal: Alluvium Qal MAXIMUM DRY DENSITY :119.4 pcf OPT. MOISTURE CONTENT :11.3 % APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 1/23/2020 SBS FA PLAN OF BORINGS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 3A Approximate Pavement Boring Location Approximate Retaining Wall Boring Location B-5 B-3 B-4 B-2 B-1 B-6 PCE - 2 FM 346 Image obtained from Google Earth Pro, January 2020 B-4 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 G-1 (10') MAXIMUM DRY DENSITY :119.4 pcf OPT. MOISTURE CONTENT :11.3 % APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 1/23/2020 SBS FA PLAN OF BORINGS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 3B Approximate Pavement Boring Location B-5 B-3 B-4 B-2 B-1 B-6 PCE - 2 FM 346 Image obtained from Google Earth Pro, January 2020 B-4 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 G-1 (10') MAXIMUM DRY DENSITY :119.4 pcf OPT. MOISTURE CONTENT :11.3 % APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 1/23/2020 SBS FA PLAN OF BORINGS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 3C Approximate Pavement Boring Location B-5 B-3 B-4 B-2 B-1 B-6 PCE - 2 FM 346 Image obtained from Google Earth Pro, January 2020 B-4 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 G-1 (10') MAXIMUM DRY DENSITY :119.4 pcf OPT. MOISTURE CONTENT :11.3 % APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 1/23/2020 SBS FA PLAN OF BORINGS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 3D Approximate Pavement Boring Location B-5 B-3 B-4 B-2 B-1 B-6 PCE - 2 FM 346 Image obtained from Google Earth Pro, January 2020 B-4 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 G-1 (10') MAXIMUM DRY DENSITY :119.4 pcf OPT. MOISTURE CONTENT :11.3 % APPROVED BY: 6120 S. Dairy Ashford Road Houston, Texas 77072-1010 281.933.7388 Ph 281.933.7293 Fax PROJECT NO.: PREPARED BY: DRAWING NO.: DATE: 1/23/2020 SBS FA PLAN OF BORINGS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 PLATE 3E Approximate Pavement Boring Location Approximate Retaining Wall Boring Location B-5 B-3 B-4 B-2 B-1 B-6 PCE - 2 FM 346 Image obtained from Google Earth Pro, January 2020 B-4 8701 John Carpenter Fwy, Suite 250 Dallas, TX 75247 G-1 (10') PAVEMENT, 7 inches of Asphalt SANDY LEAN CLAY (CL), stiff, moist, brown, with calcareous deposits SANDY LEAN CLAY (CL), stiff to very stiff, moist,light brown, with calcareous deposits Boring terminated at 15 feet below ground surface. 51 68 50/5.5 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 4 Shear Types: = Torvane LIQUID LIMIT 675 670 665 660 655 650 645 675 670 665 660 655 650 645 675 670 665 660 655 650 645 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 676.91900 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/17/2019 Latitude: 7134130.34100 Longitude: 2378301.12100 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 1 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 FILL, sandy lean clay, firm to stiff, moist, orange brown to brown SANDY FAT CLAY (CH), stiff to very stiff, moist,brown to dark brown, with weathered limestone fragments below 14 feet Boring terminated at 15 feet below ground surface. 65 56 23-50/2 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 5 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 683.01300 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 1/23/2020 Latitude: 7134544.17300 Longitude: 2378225.38900 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 2 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 9 inches of Asphalt CLAYEY SAND (SC), loose, moist, dark brown toreddish brown, with calcareous nodules SANDY FAT CLAY (CH), stiff, moist, dark brown toreddish brown Boring terminated at 15 feet below ground surface. 46 59 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 6 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 683.48600 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7134961.00600 Longitude: 2378263.19700 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 3 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 SANDY FAT CLAY (CH), stiff to very stiff, moist, brown to dark brown, with trace gravel and organics FAT CLAY WITH SAND (CH), stiff, moist, dark grayto light brown Boring terminated at 15 feet below ground surface. 61 83 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 7 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 681.96200 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/16/2019 Latitude: 7135433.29300 Longitude: 2378238.94200 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 4 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 8.5 inches of Asphalt CLAYEY SAND (SC), loose, moist, dark brown, with calcareous nodules CLAYEY SAND (SC), medium dense to very dense,moist, light brown, with limestone fragments FAT CLAY (CH), stiff, moist, light brown Boring terminated at 15 feet below ground surface. 40 49 30-27-17 50/4.5 40-8-4 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 8 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 682.76900 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/17/2019 Latitude: 7135908.70700 Longitude: 2378306.02200 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 5 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 FAT CLAY WITH SAND (CH), stiff to very stiff, moist, brown to dark brown WEATHERED LIMESTONE, soft, light brown, withsand and trace fossils Boring terminated at 15 feet below ground surface. 78 50/0.75"- 50/0.25" 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 9 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 684.80500 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/16/2019 Latitude: 7136307.28900 Longitude: 2378253.14100 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 6 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 10 inches of Asphalt FAT CLAY WITH SAND (CH), firm to very stiff, moist, dark brown, with calcareous nodules CLAYEY SAND WITH GRAVEL (SC), dense, moist,light brown, with limestone fargments FAT CLAY WITH SAND (CH), very stiff, moist, light brown to gray Boring terminated at 15 feet below ground surface. 71 19 27-23-18 23-28-9 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 10 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 682.43300 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7136754.35500 Longitude: 2378283.66900 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 7 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 CLAYEY SAND (SC), loose, moist, brown, with gravel and organics SANDY FAT CLAY (CH), stiff to very stiff, moist,dark brown Boring terminated at 15 feet below ground surface. 31 65 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 11 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 680.56200 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/16/2019 Latitude: 7137282.20700 Longitude: 2378232.86000 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 8 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 8.5 inches of Asphalt FAT CLAY WITH SAND (CH), stiff, moist, dark brown to brown, with gravel SANDY FAT CLAY (CH), stiff, moist, brown, with limestone fragments Boring terminated at 15 feet below ground sufrace. 73 65 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 12 Shear Types: = Torvane LIQUID LIMIT 675 670 665 660 655 650 645 675 670 665 660 655 650 645 675 670 665 660 655 650 645 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 678.48500 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/16/2019 Latitude: 7137695.48900 Longitude: 2378332.31400 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P- 9 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 FAT CLAY WITH SAND (CH), stiff, moist, brown to light gray, with organics Boring terminated at 15 feet below ground surface. 74 74 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 13 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 681.79500 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/16/2019 Latitude: 7138065.93700 Longitude: 2378253.83200 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-10 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 9 inches of Asphalt SANDY FAT CLAY (CH), stiff to very stiff, moist,dark brown to tan brown, with calcareous nodules Boring terminated at 15 feet below ground surface. 66 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 14 Shear Types: = Torvane LIQUID LIMIT 685 680 675 670 665 660 655 685 680 675 670 665 660 655 685 680 675 670 665 660 655 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 686.25800 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7138498.65700 Longitude: 2378297.82100 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-11 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 FAT CLAY WITH SAND (CH), very stiff to stiff, moist, brown CLAYEY SAND (SC), compact, moist, light brown FAT CLAY (CH), stiff, moist, dark brown Boring terminated at 15 feet below ground surface. 77 88 43-18-15 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 15 Shear Types: = Torvane LIQUID LIMIT 690 685 680 675 670 665 660 690 685 680 675 670 665 660 690 685 680 675 670 665 660 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 690.78000 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7138954.11100 Longitude: 2378261.28800 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-12 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 8 inches of Asphalt CLAYEY SAND (SC), medium dense to very dense, moist, light brown, with calcareous nodules andlimestone fragments SANDY FAT CLAY (CH), very stiff, moist, gray Boring terminated at 15 feet below ground surface. 488-7-5 50/4" 50/4" 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 16 Shear Types: = Torvane LIQUID LIMIT 695 690 685 680 675 670 665 695 690 685 680 675 670 665 695 690 685 680 675 670 665 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 695.09500 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/17/2019 Latitude: 7139349.89300 Longitude: 2378339.79500 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-13 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 8.5 inches of Asphalt SANDY LEAN CLAY (CL), stiff, moist, dark brown, with calcareous nodules SANDY FAT CLAY (CH), stiff, moist, dark brown Boring terminated at 15 feet below ground surface. 67 67 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 17 Shear Types: = Torvane LIQUID LIMIT 695 690 685 680 675 670 665 695 690 685 680 675 670 665 695 690 685 680 675 670 665 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 695.95800 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/17/2019 Latitude: 7139864.79700 Longitude: 2378347.10100 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-14 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 8.5 inches of Asphalt FILL, clayey sand, loose, moist, gray LEAN CLAY WITH SAND (CL), stiff to hard, moist,tan brown, with calcareous nodules CLAYEY SAND (SC), dense to very dense, moist,tan brown, with limestone fragments at 9 feet WEATHERED LIMESTONE, soft, light brown to gray, with interbedded clay at 28 feet to 30 feet Boring terminated at 30 feet below ground surface. 78 38 30-29-36 50/5.5" 50/4" 50/3"-50/4.5" 50/2.5"-50/4.5" 50/1.5"-50/0.5" 117 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 18 Shear Types: = Torvane LIQUID LIMIT 700 695 690 685 680 675 670 700 695 690 685 680 675 670 700 695 690 685 680 675 670 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 700.98200 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7140210.66400 Longitude: 2378318.30400 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-15(RW-2) Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 9 inches of Asphalt FILL, sandy clay, fat, firm, moist, gray, with tracegravel FAT CLAY WITH SAND (CH), stiff, moist, brown,with calcareous nodules CLAYEY SAND (SC), medium dense, moist to wet,light brown to reddish brown LEAN CLAY (CL), very stiff to stiff, wet, reddish brown to gray Boring terminated at 30 feet below ground surface. 56 71 13 97 23-17-12 8-17-36 122 100 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 19 Shear Types: = Torvane LIQUID LIMIT 700 695 690 685 680 675 670 700 695 690 685 680 675 670 700 695 690 685 680 675 670 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 703.73100 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7140764.40700 Longitude: 2378325.23300 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-16(RW-3) Groundwater during drilling: 13 feet Groundwater after drilling: 5.5 feet LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 11 inches of Asphalt FAT CLAY WITH SAND (CH), firm to stiff, moist, gray to brown, with calcareous nodules Boring terminated at 15 feet below ground surface. 83 81 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 20 Shear Types: = Torvane LIQUID LIMIT 695 690 685 680 675 670 665 695 690 685 680 675 670 665 695 690 685 680 675 670 665 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 699.17100 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/17/2019 Latitude: 7141287.46500 Longitude: 2378357.06000 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-17 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 SANDY FAT CLAY (CH), very stiff, moist, brown to light brown, with trace sub-angular gravel and organics FAT CLAY (CH), shaley, stiff to very stiff, moist, lightbrown to light gray, with trace sand and laminations Boring terminated at 15 feet below ground surface. 50 96 7-11-9 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 21 Shear Types: = Torvane LIQUID LIMIT 700 695 690 685 680 675 670 700 695 690 685 680 675 670 700 695 690 685 680 675 670 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 701.09900 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/16/2019 Latitude: 7141722.61900 Longitude: 2378331.49000 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-18 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 PAVEMENT, 10.5 inches of Asphalt FAT CLAY WITH SAND (CH), stiff to very stiff,moist, dark brown to brown, with calcareous nodules FAT CLAY (CH), very stiff, moist, brown, with sandseams at 9 ft Boring terminated at 15 feet below ground surface. 77 88 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 22 Shear Types: = Torvane LIQUID LIMIT 695 690 685 680 675 670 665 695 690 685 680 675 670 665 695 690 685 680 675 670 665 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 699.19500 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 12/18/2019 Latitude: 7142129.61900 Longitude: 2378353.28100 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-19 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 SANDY LEAN CLAY (CL), soft to firm, dark brown, with calcareous deposits FAT CLAY WITH SAND (CH), stiff, moist, brown, with ferrous stains and calcareous deposits FAT CLAY (CH), very stiff, brown to tan and reddish brown, with gray sand pockets Boring terminated at 15 feet below ground surface. 69 71 99 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 23 Shear Types: = Torvane LIQUID LIMIT 690 685 680 675 670 665 660 690 685 680 675 670 665 660 690 685 680 675 670 665 660 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 693.44800 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 1/29/2020 Latitude: 7142552.66400 Longitude: 2378446.70900 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-20 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 SANDY LEAN CLAY (CL), stiff, moist, dark brown, with organics FAT CLAY WITH SAND (CH), very stiff, moist, brown and dark brown, with calcareous nodules andtrace gravel FAT CLAY (CH), very stiff, moist, light brown and reddish brown, with gravel pockets and calcareousnodules Boring terminated at 15 feet below ground surface. 58 72 87 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 24 Shear Types: = Torvane LIQUID LIMIT 690 685 680 675 670 665 660 690 685 680 675 670 665 660 690 685 680 675 670 665 660 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 694.14800 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 1/29/2020 Latitude: 7142818.92000 Longitude: 2378677.34300 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: P-21 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 FILL, sandy lean clay, stiff, moist, brown to light gray, with trace gravel SANDY LEAN CLAY (CL), stiff, moist, light brown to tan brown LIMESTONE, weathered, very soft, light brown to tanbrown, with clay LIMESTONE, soft, light gray to dark gray, with clayseams below 18 ft Boring terminated at 30 feet below ground surface. 70 64 64 40 20-10-6 41-50/2.25" 50/6"-50/3.25" 10-23-50/5.75" 26-50/3" 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 25 Shear Types: = Torvane LIQUID LIMIT 680 675 670 665 660 655 650 680 675 670 665 660 655 650 680 675 670 665 660 655 650 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 681.25700 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 1/23/2020 Latitude: 7134241.37000 Longitude: 2378229.95400 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: RW-1 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/28/20 SANDY LEAN CLAY (CL), stiff, moist, brown to dark browm, with trace organics FAT CLAY WITH SAND (CH), stiff to very stiff,moist, brown FAT CLAY (CH), shaley, very stiff, moist, light brown to light gray, with trace sand and laminations FAT CLAY (CH), shaley, very stiff, moist, gray to dark gray, with trace sand at 28 to 30 feet, andlaminations Boring terminated at 30 feet below ground surface. 58 76 71 99 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 26 Shear Types: = Torvane LIQUID LIMIT 700 695 690 685 680 675 670 700 695 690 685 680 675 670 700 695 690 685 680 675 670 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 700.76800 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 1/23/2020 Latitude: 7141356.41600 Longitude: 2378247.31300 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: RW-4 Groundwater during drilling: Not Encountered Groundwater after drilling: Not Encountered LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 CLAYEY SAND (SC), loose, moist to wet, dark brown to tan, with organics SANDY LEAN CLAY (CL), stiff, wet, tan and brown,with calcareous nodules, and alternating gray and tanseams FAT CLAY (CH), very stiff, wet, tan brown, with calcareous nodules, gray seams at 13 feet FAT CLAY (CH), shaley, very stiff to stiff, dark gray,with limestone fragments Boring terminated at 31.5 feet below ground surface. 38 62 99 4-7-2 8/6"-11/6" 15/6"-19/6" 34/6"-25/6" 18-24-35 50/5"-50/2.5" 9-18-23 30/6"-35/6" 10 20 30 40 50 60 70 80 90 SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA PLATE 27 Shear Types: = Torvane LIQUID LIMIT 685 680 675 670 665 660 655 685 680 675 670 665 660 655 685 680 675 670 665 660 655 ELEV. DEPTH, FEET DRY DENSITYPCF% PASSINGNO. 200 SIEVE0.5 1.0 1.5 2.0 Project No.: DG-18-10125 Elevation: 687.27800 feet Station: -- Offset: -- See Plate 3 for boring location. = Unconf. Comp. Date: 1/29/2020 Latitude: 7142785.42100 Longitude: 2378487.14800 = UU Triaxial = Hand Penet. SOIL/ROCK CLASSIFICATION LOG OF BORING PLASTIC LIMIT 0 5 10 15 20 25 30 35 CONTENT, %MOISTURE SHEAR STRENGTH, TSF Project: Bonnie Brae Phase 6 - US 380 to US 77 Boring No.: RW-5 Groundwater during drilling: 2 feet Groundwater after drilling: Not Measured LOG OF SOIL BORING BONNIE BRAE PHASE 6.GPJ HVJ.GDT 4/23/20 6120 S. Dairy Ashford RoadHouston, Texas 77072-1010281.933.7388 Ph281.933.7293 Fax DRAWING NO.:PROJECT NO.: KEY TO TERMS AND SYMBOLSUSED ON BORING LOGS Sampler penetrated full depth under weight of drill rods and hammer SOIL GRAIN SIZE PENETRATION RESISTANCE TERMS DESCRIBING SOIL STRUCTURE * The N value is taken as the blows required to penetrate the final 12 inches If more than 50 blows are required, driving is discontinued and penetration at 50 blows is noted Blows required to penetrate each of three consecutive 6-inch increments per ASTM D-1586 * Concrete Cement Portland Cemented 75 - 200 mm 4.75 - 75 mm 0.075 - 4.75 mm 0.002 - 0.075 mm < 0.002 mm Particle Size DENSITY OF COHESIONLESS SOILS Descriptive Very Dense Medium Dense Very Loose 0/18" 50/4" 3/6 Fracture planes appear polished or seams or layers of different soil typeSoil sample composed of alternating partings of different soil typeSoil sample composed of alternating extending through the sampleInclusion greater than 3 inches thick extending through the sampleInclusion 1/4 inch to 3 inches thick extending through the sampleInclusion less than 1/4 inch thick as small lenses of sand scatteredSmall pockets of different soils, such with little resistance to fracturingBreaks along definite planes of fracture glossy, sometimes striated through a mass of clay Resistance "N" * Dense Loose Term Blows/Foot Penetration > 50 30 - 50 10 - 30 4 - 10 0 - 4 Concrete Asphaltic Clayey Clay Construction Materials Classification Silt Boulder Cobble Gravel Sand Clay Stabilized Base Silty Debris Fill or Sandy SOIL SYMBOLS Soil Types Silt Modifiers Sand Gravel CONSISTENCY OF COHESIVE SOILS A small mass of irregular shape Having appreciable quantities of iron Having appreciable quantities of calcium stratified structure is not evidentdifferent soil type and laminated orSoil sample composed of pockets of carbonate Very Stiff Very Soft Consistency Hard Stiff Firm Soft > 2.0 1.0 - 2.0 0.5 - 1.0 0.25 - 0.5 0.125 - 0.25 0 - 0.125 Strength (tsf) Undrained Shear SAMPLER TYPES WATER LEVEL SYMBOLS open borehole or piezometerGroundwater level after drilling in Groundwater level determined during > 8 in. 3 in. - 8 in. #4 sieve - 3 in. #200 sieve - #4 sieve 0.002 mm - #200 sieve < 0.002 mm No. (U.S. Standard) Particle Size or Sieve Liner Tube > 200 mm drilling operations Split Barrel Shelby Tube Thin Walled Jar Sample Auger No Recovery Plate 28A DG-18-10125 9200 King Arthur Dr. Dallas, TX 75247 214-678-0227 214 678 0228 F 9200 King Arthur Dr. Dallas, TX 75247 214-678-0227 214-678-0228 Fax Consistency Very Soft Soft Firm Stiff Very Stiff Hard Undrained Shear Strength (tsf) 0 - 0.125 0.125 - 0.25 0.25 - 0.5 0.5 – 1.0 1.0 – 2.0 > 2.0 Penetration Resistance “N” * (Blows/ft) < 2 2-4 4-8 8-15 15-30 >30 (4/6”) Texas Cone Penetration blows required penetrating each of two consecutive 6-inches per TEX- 132-E #-#-# Blows required penetrating each of three consecutive 6-inches per ASTM D-1586* 8701 John Carpenter Fwy Suite 250 Dallas, TX 75247 214-678-0227 Ph 214-678-0228 Fax Groundwater measured after drilling operations Groundwater measured during drilling operations THD Cone Penetration Test Fill Asphalt 6120 S. Dairy Ashford RoadHouston, Texas 77072-1010281.933.7388 Ph281.933.7293 Fax DRAWING NO.:PROJECT NO.: KEY TO TERMS AND SYMBOLSUSED ON BORING LOGS HorizontalShallow ModerateSteep Vertical Information on each boring log is a compilation of subsurface conditions and soil and rock classifications obtained from the field as well as from laboratory testing of samples. Strata have been interpreted by commonly accepted procedures. The stratum lines on the logs may be transitional and approximate in nature. Water level measurements refer only to those observed at the times and places indicated, and may vary with time, geologic condition or construction activity. REFERENCES: (1) British Standard (1981) Code of Practice for Site Investigation, BS 5930. (2) The Bridge Div., Tx. Highway Dept. Foundation Exploration & Design Manual, 2nd Division, revised June, 1974. JOINT DESCRIPTION Interstice; a general term for pore space or other openings in rock. Small solutional concavities. Containing small cavities, usually lined with a mineral of different composition from that of the surrounding rock. Containing numerous small, unlined cavities, formed by expansion of gas bubbles or steam during solidification of the rock. Containing pores, interstices, or other openings which may or may not interconnect. Containing cavities or caverns, sometimes quite large. Most frequent in limestones and dolomites. Void Cavities Vuggy Vesicular Porous Cavernous Very CloseClose Medium CloseWide <2"2"-12"12"-3' >3' SPACING SOLUTION AND VOID CONDITIONS Highly Weathered Limestone Weathered Limestone Limestone Dolomite ROCK TYPES Weathered Shale Shale Slightly Moderately Highly Completely Residual Soil Discoloration indicates weathering of rock material and discontinuity surfaces. Less than half of the rock material is decomposed or disintegrated to a soil. More than half of the rock material is decomposed or disintegrated to a soil. All rock material is decomposed and/or disintegrated into soil. The original mass structure is still largely intact. All rock material is converted to soil. The mass structure and material fabric are destroyed. SlickensidedSmooth IrregularRough BEDDING THICKNESS Very ThickThickThin Very ThinLaminated Thinly Laminated INCLINATION 0-55-3535-65 65-8585-90 (2) >4' 2'-4'2"-2'1/2"-2" 0.08"-1/2"<0.08" Polished, groovedPlanar Undulating or granularJagged or pitted SURFACES THD Cone PenetrationTest Standard PenetrationTest Thin-Walled Tube WEATHERING GRADES OF ROCKMASS HARDNESS Crumbles under hand pressureCan be carved with a knife Can be scratched easily with a knifeCannot be scratched with a knife SAMPLER TYPES FriableLow Hardness Moderately HardVery Hard Granite Weathered Sandstone Sandstone Bag Sample (1) Rock Core Auger Sample Plate 28B DG-18-10125 8701 John Carpenter Fwy Suite 250 Dallas, TX 75247 214-678-0227 Ph 214-678-0228 Fax APPENDIX A PAVEMENT CORE PHOTOGRAPHS 8701 John Carpenter Fwy Suite 250 Dallas, Texas 75247 DATE: APPROVED BY: PREPARED BY: PAVEMENT CORE PHOTOGRAPHS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 APPENDIX A-1 1/24/2020 SBS FA PROJECT NUMBER: DRAWING NUMBER: BORING NO. DATE DESCRIPTION P-1 12/17/2019 7 inches of Asphalt P-3 12/18/2019 9 inches of Asphalt P-5 12/17/2019 8.5 inches of Asphalt LANE LOCATION Northbound right lane Southbound right lane Northbound right lane P-1 P-3 P-5 Form: Pavement Cores 10/12/2017 8701 John Carpenter Fwy Suite 250 Dallas, Texas 75247 DATE: APPROVED BY: PREPARED BY: PAVEMENT CORE PHOTOGRAPHS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 APPENDIX A-2 1/24/2020 SBS FA PROJECT NUMBER: DRAWING NUMBER: P-7 P-9 P-11 Form: Pavement Cores 10/12/2017 BORING NO. DATE DESCRIPTION P-7 12/18/2019 10 inches of Asphalt P-9 12/16/2019 8.5 inches of Asphalt P-11 12/18/2019 9 inches of Asphalt LANE LOCATION Southbound right lane Northbound right lane Southbound right lane 8701 John Carpenter Fwy Suite 250 Dallas, Texas 75247 DATE: APPROVED BY: PREPARED BY: PAVEMENT CORE PHOTOGRAPHS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 APPENDIX A-3 1/24/2020 SBS FA PROJECT NUMBER: DRAWING NUMBER: P-13 P-14 P-15 Form: Pavement Cores 10/12/2017 BORING NO. DATE DESCRIPTION P-13 12/17/2019 8 inches of Asphalt P-14 12/17/2019 8.5 inches of Asphalt P-15 12/18/2019 8.5 inches of Asphalt LANE LOCATION Northbound right lane Northbound right lane Southbound right lane 8701 John Carpenter Fwy Suite 250 Dallas, Texas 75247 DATE: APPROVED BY: PREPARED BY: PAVEMENT CORE PHOTOGRAPHS Bonnie Brae Phase 6 - US 380 to US 77 DG-18-10125 APPENDIX A-4 1/24/2020 SBS FA PROJECT NUMBER: DRAWING NUMBER: P-16 P-17 P-19 Form: Pavement Cores 10/12/2017 BORING NO. DATE DESCRIPTION P-16 12/18/2019 9 inches of Asphalt P-17 12/17/2019 11 inches of Asphalt P-19 12/18/2019 10.5 inches of Asphalt LANE LOCATION Southbound right lane Northbound right lane Southbound right lane APPENDIX B SUMMARY OF LABORATORY TEST RESULTS 6120 S. Dairy Ashford RoadHouston, Texas 77072-1010281.933.7388 Ph281.933.7293 Fax DRAWING NO.:PROJECT NO.: APPROVED BY:PREPARED BY: DATE: 1/24/2020 SUMMARY OF LABORATORY TEST RESULTS Bonnie Brae Phase 6 - US 380 to US 77 Appendix B-1 DG-18-10125 FA SBS Boring# Depth Moisture Content (%) Liquid Limit Plastic Limit PI Percent Finer Than #200 Sieve Unconfined Compression – Soil (tsf) P-1 3 20.2 47 19 28 - - 5 13.4 31 15 16 51 - 9 8.2 24 13 11 68 - 14 7.8 - - - - - P-2 1 21.1 47 19 28 65 - 3 14.3 - - - - - 5 19.0 53 19 34 56 - 9 26.3 - - - - - P-3 1 18.9 - - - - - 5 15.2 40 16 24 46 - 9 19.9 - - - - - 14 19.3 57 18 39 59 - P-4 1 25.8 - - - - - 3 21.6 54 17 37 61 - 9 28.8 67 21 46 83 - 14 24.7 - - - - - P-5 3 12.8 47 16 31 40 - 5 5.6 - - - - - 9 8.3 - - - 49 - 14 20.7 53 17 36 - - P-6 1 32.3 - - - - - 3 28.9 62 21 41 78 - 5 17.8 - - - - - 9 8.7 - - - - - 14 21.9 - - - - - P-7 3 21 50 15 35 71 - 9 7.4 36 14 22 19 - 14 12.4 - - - - - 8701 John Carpenter Fwy Suite 250 Dallas, TX 75247 6120 S. Dairy Ashford RoadHouston, Texas 77072-1010281.933.7388 Ph281.933.7293 Fax DRAWING NO.:PROJECT NO.: APPROVED BY:PREPARED BY: DATE: 1/24/2020 SUMMARY OF LABORATORY TEST RESULTS Bonnie Brae Phase 6 - US 380 to US 77 Appendix B-2 DG-18-10125 FA SBS Boring# Depth Moisture Content (%) Liquid Limit Plastic Limit PI Percent Finer Than #200 Sieve Unconfined Compression – Soil (tsf) P-8 1 12.6 - - - - - 3 16.2 - - - - - 5 12.4 32 14 18 31 - 9 - 58 20 38 - - 14 20.9 58 18 40 65 - P-9 1 24.2 - - - - - 3 21.2 64 18 46 73 - 5 21.2 - - - - - 14 16.6 57 17 40 65 - P-10 3 23 - - - - - 5 21.1 63 18 45 74 - 7 20.8 - - - - - 9 19 59 16 43 74 - 14 15.1 - - - - - P-11 3 22.4 - - - - - 5 21.9 53 18 35 - - 7 19.4 - - - - - 9 23.3 57 18 39 66 - 14 16.9 - - - - - P-12 1 18.7 - - - - - 3 26 76 29 47 77 - 7 21.2 - - - - - 14 17.4 52 19 33 88 - P-13 3 10.7 - - - - - 5 11.3 35 16 19 48 - 9 10.1 - - - - - 14 14.7 - - - - - 8701 John Carpenter Fwy Suite 250 Dallas, TX 75247 6120 S. Dairy Ashford RoadHouston, Texas 77072-1010281.933.7388 Ph281.933.7293 Fax DRAWING NO.:PROJECT NO.: APPROVED BY:PREPARED BY: DATE: 1/24/2020 SUMMARY OF LABORATORY TEST RESULTS Bonnie Brae Phase 6 - US 380 to US 77 Appendix B-3 DG-18-10125 FA SBS Boring# Depth Moisture Content (%) Liquid Limit Plastic Limit PI Percent Finer Than #200 Sieve Unconfined Compression – Soil (tsf) P-14 3 15 - - - - - 5 18.7 43 14 29 67 - 7 15.9 - - - - - 9 20 57 16 41 67 - 14 22.3 - - - - - P-15 (RW-2) 1 12.6 - - - - - 3 10 32 17 15 78 2.25 5 14.2 - - - - - 9 11 - - - 38 - 14 10.4 29 15 14 - - 19 8.9 - - - - - 29 15 - - - - - P-16 (RW-3) 0.5 18.5 58 14 44 56 - 5 15.6 50 14 36 71 - 7 11.1 - - - - 0.58 9 20.5 - - - 13 - 19 16.9 42 16 26 97 - 24 23.7 - - - - 0.20 29 19.1 - - - - - P-17 3 21.1 - - - - - 5 25.6 50 15 35 83 - 7 25.4 - - - - - 9 25.4 54 15 39 81 - 14 24.1 - - - - - P-18 1 18 54 24 30 50 - 3 14.1 - - - - - 7.5 11.6 - - - - - 9 18.8 - - - 96 - 14 19.5 - - - - - 8701 John Carpenter Fwy Suite 250 Dallas, TX 75247 6120 S. Dairy Ashford RoadHouston, Texas 77072-1010281.933.7388 Ph281.933.7293 Fax DRAWING NO.:PROJECT NO.: APPROVED BY:PREPARED BY: DATE: 1/24/2020 SUMMARY OF LABORATORY TEST RESULTS Bonnie Brae Phase 6 - US 380 to US 77 Appendix B-4 DG-18-10125 FA SBS Boring# Depth Moisture Content (%) Liquid Limit Plastic Limit PI Percent Finer Than #200 Sieve Unconfined Compression – Soil (tsf) P-19 1 25.9 - - - - - 3 20.4 56 18 38 77 - 5 22.4 - - - - - 7 62.7 64 18 46 88 - 9 22.4 - - - - - 14 21.8 - - - - - P-20 1 22.3 33 17 16 69 - 3 24.3 - - - - - 5 22 61 15 46 71 - 7 14.4 - - - - - 12 20.3 54 19 35 99 - P-21 1 20.8 27 16 11 58 - 3 24.5 - - - - - 5 15.9 60 16 45 72 - 9 14.1 50 17 33 87 - RW-1 0.5 17.6 42 17 25 70 - 4 16.4 43 16 27 64 - 8 16.3 32 15 17 64 - 14 11 31 14 17 40 - RW-4 1 25.5 30 15 15 58 - 5 27.7 58 20 38 76 - 9 28.4 59 18 41 71 - 14 21.5 52 19 33 99 - 19 22.8 - - - - - RW-5 1 19.2 29 13 16 38 - 3 25.7 31 14 17 62 - 5 16.9 - - - - - 14 20.5 57 19 38 99 - 24 20 - - - - - 8701 John Carpenter Fwy Suite 250 Dallas, TX 75247 APPENDIX C SULFATES, CHLORIDES, AND PH TEST RESULTS Analytical Report 648329 for HVJ North Texas-Chelliah Consultants Inc. Project Manager: Saif Salah Sulfate Chloride 15-JAN-20 DG18-10125 9701 Harry Hines Blvd Dallas, TX 75220 Xenco-Houston (EPA Lab Code: TX00122): Texas (T104704215-19-30), Arizona (AZ0765), Florida (E871002-24), Louisiana (03054) Oklahoma (2019-058), North Carolina (681), Arkansas (19-037-0) Xenco-Dallas (EPA Lab Code: TX01468): Texas (TX104704295-19-22), Arizona (AZ0809), Arkansas (17-063-0) Xenco-El Paso (EPA Lab Code: TX00127): Texas (T104704221-19-16) Xenco-Lubbock (EPA Lab Code: TX00139): Texas (T104704219-19-21) Xenco-Midland (EPA Lab Code: TX00158): Texas (T104704400-19-19) Xenco-Carlsbad (LELAP): Louisiana (05092) Xenco-San Antonio (EPA Lab Code: TNI02385): Texas (T104704534-19-5) Xenco Phoenix (EPA Lab Code: AZ00901): Arizona (AZ0757) Xenco-Tampa: Florida (E87429), North Carolina (483) Collected By: Saif Salah Page 1 of 25 Final 1.000 Houston - Dallas - Midland - San Antonio - Phoenix - Oklahoma - Latin America Recipient of the Prestigious Small Business Administration Award of Excellence in 1994. Certified and approved by numerous States and Agencies. A Small Business and Minority Status Company that delivers SERVICE and QUALITY Project Manager: Saif Salah HVJ North Texas-Chelliah Consultants Inc. 8701 John Carpenter Fwy. Suite 250 Dallas, TX 75247 Reference: XENCO Report No(s): 648329 Sulfate Chloride Project Address: Dallas, TX Saif Salah: We are reporting to you the results of the analyses performed on the samples received under the project name referenced above and identified with the XENCO Report Number(s) 648329. All results being reported under this Report Number apply to the samples analyzed and properly identified with a Laboratory ID number. Subcontracted analyses are identified in this report with either the NELAC certification number of the subcontract lab in the analyst ID field, or the complete subcontracted report attached to this report. Unless otherwise noted in a Case Narrative, all data reported in this Analytical Report are in compliance with NELAC standards. The uncertainty of measurement associated with the results of analysis reported is available upon request. Should insufficient sample be provided to the laboratory to meet the method and NELAC Matrix Duplicate and Matrix Spike requirements, then the data will be analyzed, evaluated and reported using all other available quality control measures. The validity and integrity of this report will remain intact as long as it is accompanied by this letter and reproduced in full, unless written approval is granted by XENCO Laboratories. This report will be filed for at least 5 years in our archives after which time it will be destroyed without further notice, unless otherwise arranged with you. The samples received, and described as recorded in Report No. 648329 will be filed for 45 days, and after that time they will be properly disposed without further notice, unless otherwise arranged with you. We reserve the right to return to you any unused samples, extracts or solutions related to them if we consider so necessary (e.g., samples identified as hazardous waste, sample sizes exceeding analytical standard practices, controlled substances under regulated protocols, etc). We thank you for selecting XENCO Laboratories to serve your analytical needs. If you have any questions concerning this report, please feel free to contact us at any time. Respectfully, 15-JAN-20 Client Services Manager Mike Kimmel Page 2 of 25 Final 1.000 Sample Cross Reference 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride Sample Id P-1 P-9 P-5 P-6 P-10 P-19 P-7 P-13 P-14 P-15 (RW-2) P-16 (RW-3) P-16 (RW-3) P-17 P-18 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 01-08-20 00:00 Date Collected Lab Sample Id 648329-001 648329-002 648329-003 648329-004 648329-005 648329-006 648329-007 648329-008 648329-009 648329-010 648329-011 648329-012 648329-013 648329-014 4 - 6 4 - 6 13 - 15 2 - 4 2 - 4 2 - 4 1 - 2 2 - 4 2 - 4 4 - 6 4 - 6 18 - 20 4 - 6 0 - 2 Sample DepthMatrix S S S S S S S S S S S S S S Page 3 of 25 Final 1.000 CASE NARRATIVE 648329Work Order Number(s): 15-JAN-20Report Date: DG18-10125Project ID: Project Name: Sulfate Chloride Date Received: Client Name: HVJ North Texas-Chelliah Consultants Inc. 01/08/2020 None None Sample receipt non conformances and comments: Sample receipt non conformances and comments per sample: Page 4 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-001Lab Sample Id: SoilMatrix: P-1Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + U 4.90 49.2 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 14.7 9.41 23.3 <49.2 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 5 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-002Lab Sample Id: SoilMatrix: P-9Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 5.00 48.5 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 35.0 9.90 23.0 62.5 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 6 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-003Lab Sample Id: SoilMatrix: P-5Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 4.78 47.5 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 9.56 9.24 23.0 227 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 13 - 15 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 7 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-004Lab Sample Id: SoilMatrix: P-6Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + U 4.87 48.2 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 4.87 8.72 25.1 <48.2 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 2 - 4 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 8 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-005Lab Sample Id: SoilMatrix: P-10Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 4.90 49.6 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 186 9.81 24.1 223 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 2 - 4 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 9 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-006Lab Sample Id: SoilMatrix: P-19Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 9.80 49.3 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 2 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 39.2 9.79 23.2 120 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 2 - 4 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 10 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-007Lab Sample Id: SoilMatrix: P-7Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + U 4.92 46.9 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 64.0 9.40 24.4 <46.9 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 1 - 2 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 11 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-008Lab Sample Id: SoilMatrix: P-13Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 4.90 48.0 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 14.7 9.62 24.9 49.8 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 2 - 4 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 12 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-009Lab Sample Id: SoilMatrix: P-14Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + U 4.97 49.8 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 9.95 8.58 24.0 <49.8 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 2 - 4 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 13 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-010Lab Sample Id: SoilMatrix: P-15 (RW-2)Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + U 4.89 47.5 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 9.78 9.88 23.8 <47.5 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 14 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-011Lab Sample Id: SoilMatrix: P-16 (RW-3)Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 4.70 49.0 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 18.8 9.78 23.7 160 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 15 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-012Lab Sample Id: SoilMatrix: P-16 (RW-3)Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + U 4.86 47.0 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 4.86 9.50 24.0 <47.0 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 18 - 20 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 16 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-013Lab Sample Id: SoilMatrix: P-17Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 4.99 485 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 10 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 99.8 9.58 23.6 3240 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 17 of 25 Final 1.000 Certificate of Analytical Results 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 01.08.20 14.33 Date Received: 01.08.20 00.00 Date Collected:648329-014Lab Sample Id: SoilMatrix: P-18Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result U + U 4.96 49.7 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 <4.96 9.11 24.0 <49.7 3112849 3112756 3113043 Seq Number: Seq Number: Seq Number: 0 - 2 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.09.20 13.36 01.09.20 14.13 01.09.20 14.13 01.13.20 12.30 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 18 of 25 Final 1.000 Blank Summary 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 3112849-1-BLKLab Sample Id: SOLIDMatrix: 3112849-1-BLK Sample Id: Chloride, Mercuric Nitrate Method by SM4500-CI- B Analytical Method: REWAnalyst: Prep Method: Date Prep: REWTech: Chloride Parameter Result U0.500 Flag mg/kg Units 1 DilCas Number 16887-00-6 <0.500 3112849Seq Number: MDLRL 01.09.20 13:36 Analysis Date Page 19 of 25 Final 1.000 Blank Summary 648329 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX Sulfate Chloride 3113043-1-BLKLab Sample Id: SOLIDMatrix: 3113043-1-BLK Sample Id: Sulfate by SW-846 9038 Analytical Method: REWAnalyst: Prep Method: Date Prep: REWTech: Sulfate Parameter Result U5.00 Flag mg/kg Units 1 DilCas Number 14808-79-8 <5.00 3113043Seq Number: MDLRL 01.13.20 12:30 Analysis Date Page 20 of 25 Final 1.000 QC Summary 648329 HVJ North Texas-Chelliah Consultants Inc. Sulfate Chloride MS/MSD Percent Recovery [D] = 100*(C-A) / B Relative Percent Difference RPD = 200* | (C-E) / (C+E) | LCS/LCSD Recovery [D] = 100 * (C) / [B] Log Difference Log Diff. = Log(Sample Duplicate) - Log(Original Sample) LCS = Laboratory Control Sample MS = Matrix Spike A = Parent Result B = Spike Added C = MS/LCS Result D = MSD/LCSD % Rec E = MSD/LCSD Result 3112849-1-BLK 648329-011 648329-001 648329-001 648329-011 MB Sample Id: Parent Sample Id: Parent Sample Id: Parent Sample Id: Parent Sample Id: Solid Soil Soil Soil Soil Matrix: Matrix: Matrix: Matrix: Matrix: Chloride, Mercuric Nitrate Method by SM4500-CI- B Chloride, Mercuric Nitrate Method by SM4500-CI- B Chloride, Mercuric Nitrate Method by SM4500-CI- B Soil pH by EPA 9045C Soil pH by EPA 9045C Analytical Method: Analytical Method: Analytical Method: Analytical Method: Analytical Method: Chloride Chloride Chloride pH Temperature pH Temperature Parameter Parameter Parameter Parameter Parameter %RPD %RPD %RPD %RPD %RPD Flag Flag Flag Flag Flag 25 25 25 20 25 20 25 RPD Limit RPD Limit RPD Limit RPD Limit RPD Limit 0 1 4 1 3 1 5 3112849 3112849 3112849 3112756 3112756 Seq Number: Seq Number: Seq Number: Seq Number: Seq Number: 01.09.20 13:36 01.09.20 13:36 01.09.20 13:36 01.09.20 14:13 01.09.20 14:13 01.09.20 14:13 01.09.20 14:13 Analysis Date Analysis Date Analysis Date Analysis Date Analysis Date Limits Limits 75-125 75-125 LCSD %Rec MSD %Rec 100 105 LCSD Result MSD Result 5.00 66.3 LCS %Rec MS %Rec 100 100 5.00 18.9 63.7 9.29 24.1 9.91 24.9 Spike Amount Spike Amount 5.00 49.0 MB Result Parent Result Parent Result Parent Result Parent Result <0.500 18.8 14.7 9.41 23.3 9.78 23.7 3112849-1-BKS 648329-011 D 648329-001 S 648329-001 D 648329-011 D LCS Sample Id: MD Sample Id: MS Sample Id: MD Sample Id: MD Sample Id: 3112849-1-BSD 648329-001 SD LCSD Sample Id: MSD Sample Id: mg/kg mg/kg mg/kg SU Deg C SU Deg C Units Units Units Units Units LCS Result MD Result MS Result MD Result MD Result Page 21 of 25 Final 1.000 QC Summary 648329 HVJ North Texas-Chelliah Consultants Inc. Sulfate Chloride MS/MSD Percent Recovery [D] = 100*(C-A) / B Relative Percent Difference RPD = 200* | (C-E) / (C+E) | LCS/LCSD Recovery [D] = 100 * (C) / [B] Log Difference Log Diff. = Log(Sample Duplicate) - Log(Original Sample) LCS = Laboratory Control Sample MS = Matrix Spike A = Parent Result B = Spike Added C = MS/LCS Result D = MSD/LCSD % Rec E = MSD/LCSD Result 3113043-1-BLK 648329-011 648329-001 MB Sample Id: Parent Sample Id: Parent Sample Id: Solid Soil Soil Matrix: Matrix: Matrix: Sulfate by SW-846 9038 Sulfate by SW-846 9038 Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: Sulfate Sulfate Sulfate Parameter Parameter Parameter %RPD %RPD %RPD Flag Flag Flag 20 20 20 RPD Limit RPD Limit RPD Limit 1 1 3 3113043 3113043 3113043 Seq Number: Seq Number: Seq Number: 01.13.20 12:30 01.13.20 12:30 01.13.20 12:30 Analysis Date Analysis Date Analysis Date Limits Limits 80-120 75-125 LCSD %Rec MSD %Rec 100 105 LCSD Result MSD Result 19.9 251 LCS %Rec MS %Rec 101 100 20.2 161 243 Spike Amount Spike Amount 20.0 198 MB Result Parent Result Parent Result <1.67 160 44.1 3113043-1-BKS 648329-011 D 648329-001 S LCS Sample Id: MD Sample Id: MS Sample Id: 3113043-1-BSD 648329-001 SD LCSD Sample Id: MSD Sample Id: mg/kg mg/kg mg/kg Units Units Units LCS Result MD Result MS Result Page 22 of 25 Final 1.000 Flagging Criteria X In our quality control review of the data a QC deficiency was observed and flagged as noted. MS/MSD recoveries were found to be outside of the laboratory control limits due to possible matrix /chemical interference, or a concentration of target analyte high enough to affect the recovery of the spike concentration. This condition could also affect the relative percent difference in the MS/MSD. B A target analyte or common laboratory contaminant was identified in the method blank. Its presence indicates possible field or laboratory contamination. D The sample(s) were diluted due to targets detected over the highest point of the calibration curve, or due to matrix interference. Dilution factors are included in the final results. The result is from a diluted sample. E The data exceeds the upper calibration limit; therefore, the concentration is reported as estimated. F RPD exceeded lab control limits. J The target analyte was positively identified below the quantitation limit and above the detection limit. U Analyte was not detected. L The LCS data for this analytical batch was reported below the laboratory control limits for this analyte. The department supervisor and QA Director reviewed data. The samples were either reanalyzed or flagged as estimated concentrations. H The LCS data for this analytical batch was reported above the laboratory control limits. Supporting QC Data were reviewed by the Department Supervisor and QA Director. Data were determined to be valid for reporting. K Sample analyzed outside of recommended hold time. JN A combination of the "N" and the "J" qualifier. The analysis indicates that the analyte is "tentatively identified" and the associated numerical value may not be consistent with the amount actually present in the environmental sample. ** Surrogate recovered outside laboratory control limit. BRL Below Reporting Limit. RL Reporting Limit MDL Method Detection Limit SDL Sample Detection Limit LOD Limit of Detection PQL Practical Quantitation Limit MQL Method Quantitation Limit LOQ Limit of Quantitation DL Method Detection Limit NC Non-Calculable SMP Client Sample BLK Method Blank BKS/LCS Blank Spike/Laboratory Control Sample BKSD/LCSD Blank Spike Duplicate/Laboratory Control Sample Duplicate MD/SD Method Duplicate/Sample Duplicate MS Matrix Spike MSD: Matrix Spike Duplicate + NELAC certification not offered for this compound. * (Next to analyte name or method description) = Outside XENCO's scope of NELAC accreditation Page 23 of 25 Final 1.000 Page 24 of 25 Final 1.000 Prelogin/Nonconformance Report- Sample Log-In XENCO Laboratories 648329Work Order #: 01/08/2020 02:33:00 PMDate/ Time Received: HVJ North Texas-Chelliah Consultants InClient: Sample Receipt Checklist Checklist completed by: Date: Checklist reviewed by:Date: Mike Kimmel 01/08/2020 01/13/2020 #2 *Shipping container in good condition? #3 *Samples received on ice? #4 *Custody Seals intact on shipping container/ cooler? #5 Custody Seals intact on sample bottles? #6*Custody Seals Signed and dated? #7 *Chain of Custody present? #8 Any missing/extra samples? #9 Chain of Custody signed when relinquished/ received? #10 Chain of Custody agrees with sample labels/matrix? #11 Container label(s) legible and intact? #12 Samples in proper container/ bottle? #13 Samples properly preserved? #14 Sample container(s) intact? #15 Sufficient sample amount for indicated test(s)? #16 All samples received within hold time? #17 Subcontract of sample(s)? #18 Water VOC samples have zero headspace? Yes No No No N/A Yes No Yes Yes Yes Yes Yes Yes Yes Yes No N/A #1 *Temperature of cooler(s)?21.8 Acceptable Temperature Range: 0 - 6 degC Air and Metal samples Acceptable Range: Ambient * Must be completed for after-hours delivery of samples prior to placing in the refrigerator Analyst: PH Device/Lot#: Comments Whitney Capps Temperature Measuring device used : XDA Page 25 of 25 Final 1.000 Houston - Dallas - Midland - San Antonio - Phoenix - Oklahoma - Latin America Recipient of the Prestigious Small Business Administration Award of Excellence in 1994. Certified and approved by numerous States and Agencies. A Small Business and Minority Status Company that delivers SERVICE and QUALITY Project Manager: Saif Salah HVJ North Texas-Chelliah Consultants Inc. 8701 John Carpenter Fwy. Suite 250 Dallas, TX 75247 Reference: XENCO Report No(s): 648821 General soils Project Address: Saif Salah: We are reporting to you the results of the analyses performed on the samples received under the project name referenced above and identified with the XENCO Report Number(s) 648821. All results being reported under this Report Number apply to the samples analyzed and properly identified with a Laboratory ID number. Subcontracted analyses are identified in this report with either the NELAC certification number of the subcontract lab in the analyst ID field, or the complete subcontracted report attached to this report. Unless otherwise noted in a Case Narrative, all data reported in this Analytical Report are in compliance with NELAC standards. The uncertainty of measurement associated with the results of analysis reported is available upon request. Should insufficient sample be provided to the laboratory to meet the method and NELAC Matrix Duplicate and Matrix Spike requirements, then the data will be analyzed, evaluated and reported using all other available quality control measures. The validity and integrity of this report will remain intact as long as it is accompanied by this letter and reproduced in full, unless written approval is granted by XENCO Laboratories. This report will be filed for at least 5 years in our archives after which time it will be destroyed without further notice, unless otherwise arranged with you. The samples received, and described as recorded in Report No. 648821 will be filed for 45 days, and after that time they will be properly disposed without further notice, unless otherwise arranged with you. We reserve the right to return to you any unused samples, extracts or solutions related to them if we consider so necessary (e.g., samples identified as hazardous waste, sample sizes exceeding analytical standard practices, controlled substances under regulated protocols, etc). We thank you for selecting XENCO Laboratories to serve your analytical needs. If you have any questions concerning this report, please feel free to contact us at any time. Respectfully, 23-JAN-20 Client Services Manager Mike Kimmel Page 1 of 10 Final 1.000 Sample Cross Reference 648821 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils Sample Id P-4 01-13-20 00:00 Date Collected Lab Sample Id 648821-0014 - 6 Sample DepthMatrix S Page 2 of 10 Final 1.000 CASE NARRATIVE 648821Work Order Number(s): 23-JAN-20Report Date: DG18-10125Project ID: Project Name: General soils Date Received: Client Name: HVJ North Texas-Chelliah Consultants Inc. 01/13/2020 None None Sample receipt non conformances and comments: Sample receipt non conformances and comments per sample: Page 3 of 10 Final 1.000 Certificate of Analytical Results 648821 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 01.13.20 13.05 Date Received: 01.13.20 00.00 Date Collected:648821-001Lab Sample Id: SoilMatrix: P-4Sample Id: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Temperature Sulfate Parameter Parameter Parameter Result Result Result + 4.95 48.5 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 7.43 9.07 25.6 97.5 3113624 3113126 3113122 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 01.17.20 11.44 01.14.20 10.43 01.14.20 10.43 01.13.20 16.10 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 4 of 10 Final 1.000 Blank Summary 648821 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 3113122-1-BLKLab Sample Id: SOLIDMatrix: 3113122-1-BLK Sample Id: Sulfate by SW-846 9038 Analytical Method: REWAnalyst: Prep Method: Date Prep: REWTech: Sulfate Parameter Result U5.00 Flag mg/kg Units 1 DilCas Number 14808-79-8 <5.00 3113122Seq Number: MDLRL 01.13.20 16:10 Analysis Date Page 5 of 10 Final 1.000 Blank Summary 648821 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 3113624-1-BLKLab Sample Id: SOLIDMatrix: 3113624-1-BLK Sample Id: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Analytical Method: REWAnalyst: Prep Method: Date Prep: REWTech: Chloride Parameter Result U0.500 Flag mg/kg Units 1 DilCas Number 16887-00-6 <0.500 3113624Seq Number: MDLRL 01.17.20 11:44 Analysis Date Page 6 of 10 Final 1.000 QC Summary 648821 HVJ North Texas-Chelliah Consultants Inc. General soils MS/MSD Percent Recovery [D] = 100*(C-A) / B Relative Percent Difference RPD = 200* | (C-E) / (C+E) | LCS/LCSD Recovery [D] = 100 * (C) / [B] Log Difference Log Diff. = Log(Sample Duplicate) - Log(Original Sample) LCS = Laboratory Control Sample MS = Matrix Spike A = Parent Result B = Spike Added C = MS/LCS Result D = MSD/LCSD % Rec E = MSD/LCSD Result 3113624-1-BLK 649217-001 648793-001 3113122-1-BLK 648793-001 MB Sample Id: Parent Sample Id: Parent Sample Id: MB Sample Id: Parent Sample Id: Solid Soil Soil Solid Soil Matrix: Matrix: Matrix: Matrix: Matrix: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Chloride, Mercuric Nitrate Method by SM4500 Cl-C Soil pH by EPA 9045C Sulfate by SW-846 9038 Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: Analytical Method: Analytical Method: Chloride Chloride pH Temperature Sulfate Sulfate Parameter Parameter Parameter Parameter Parameter %RPD %RPD %RPD %RPD %RPD Flag Flag Flag Flag Flag 25 25 20 25 20 20 RPD Limit RPD Limit RPD Limit RPD Limit RPD Limit 0 1 2 0 2 2 3113624 3113624 3113126 3113122 3113122 Seq Number: Seq Number: Seq Number: Seq Number: Seq Number: 01.17.20 11:44 01.17.20 11:44 01.14.20 10:43 01.14.20 10:43 01.13.20 16:10 01.13.20 16:10 Analysis Date Analysis Date Analysis Date Analysis Date Analysis Date Limits Limits Limits Limits 75-125 75-125 80-120 75-125 LCSD %Rec MSD %Rec LCSD %Rec MSD %Rec 100 110 105 99 LCSD Result MSD Result LCSD Result MSD Result 5.00 59.1 20.9 529 LCS %Rec MS %Rec LCS %Rec MS %Rec 100 110 103 106 5.00 59.7 9.90 25.7 20.5 542 Spike Amount Spike Amount Spike Amount Spike Amount 5.00 49.8 20.0 191 MB Result Parent Result Parent Result MB Result Parent Result <0.500 4.99 9.66 25.7 <1.67 340 3113624-1-BKS 649217-001 S 648793-001 D 3113122-1-BKS 648793-001 S LCS Sample Id: MS Sample Id: MD Sample Id: LCS Sample Id: MS Sample Id: 3113624-1-BSD 649217-001 SD 3113122-1-BSD 648793-001 SD LCSD Sample Id: MSD Sample Id: LCSD Sample Id: MSD Sample Id: mg/kg mg/kg SU Deg C mg/kg mg/kg Units Units Units Units Units LCS Result MS Result MD Result LCS Result MS Result Page 7 of 10 Final 1.000 Flagging Criteria X In our quality control review of the data a QC deficiency was observed and flagged as noted. MS/MSD recoveries were found to be outside of the laboratory control limits due to possible matrix /chemical interference, or a concentration of target analyte high enough to affect the recovery of the spike concentration. This condition could also affect the relative percent difference in the MS/MSD. B A target analyte or common laboratory contaminant was identified in the method blank. Its presence indicates possible field or laboratory contamination. D The sample(s) were diluted due to targets detected over the highest point of the calibration curve, or due to matrix interference. Dilution factors are included in the final results. The result is from a diluted sample. E The data exceeds the upper calibration limit; therefore, the concentration is reported as estimated. F RPD exceeded lab control limits. J The target analyte was positively identified below the quantitation limit and above the detection limit. U Analyte was not detected. L The LCS data for this analytical batch was reported below the laboratory control limits for this analyte. The department supervisor and QA Director reviewed data. The samples were either reanalyzed or flagged as estimated concentrations. H The LCS data for this analytical batch was reported above the laboratory control limits. Supporting QC Data were reviewed by the Department Supervisor and QA Director. Data were determined to be valid for reporting. K Sample analyzed outside of recommended hold time. JN A combination of the "N" and the "J" qualifier. The analysis indicates that the analyte is "tentatively identified" and the associated numerical value may not be consistent with the amount actually present in the environmental sample. ** Surrogate recovered outside laboratory control limit. BRL Below Reporting Limit. RL Reporting Limit MDL Method Detection Limit SDL Sample Detection Limit LOD Limit of Detection PQL Practical Quantitation Limit MQL Method Quantitation Limit LOQ Limit of Quantitation DL Method Detection Limit NC Non-Calculable SMP Client Sample BLK Method Blank BKS/LCS Blank Spike/Laboratory Control Sample BKSD/LCSD Blank Spike Duplicate/Laboratory Control Sample Duplicate MD/SD Method Duplicate/Sample Duplicate MS Matrix Spike MSD: Matrix Spike Duplicate + NELAC certification not offered for this compound. * (Next to analyte name or method description) = Outside XENCO's scope of NELAC accreditation Page 8 of 10 Final 1.000 Page 9 of 10 Final 1.000 Prelogin/Nonconformance Report- Sample Log-In XENCO Laboratories 648821Work Order #: 01/13/2020 01:05:00 PMDate/ Time Received: HVJ North Texas-Chelliah Consultants InClient: Sample Receipt Checklist Checklist completed by: Date: Checklist reviewed by:Date: Mike Kimmel 01/13/2020 01/18/2020 #2 *Shipping container in good condition? #3 *Samples received on ice? #4 *Custody Seals intact on shipping container/ cooler? #5 Custody Seals intact on sample bottles? #6*Custody Seals Signed and dated? #7 *Chain of Custody present? #8 Any missing/extra samples? #9 Chain of Custody signed when relinquished/ received? #10 Chain of Custody agrees with sample labels/matrix? #11 Container label(s) legible and intact? #12 Samples in proper container/ bottle? #13 Samples properly preserved? #14 Sample container(s) intact? #15 Sufficient sample amount for indicated test(s)? #16 All samples received within hold time? #17 Subcontract of sample(s)? #18 Water VOC samples have zero headspace? Yes No No No N/A Yes No Yes Yes Yes Yes Yes Yes Yes Yes No N/A #1 *Temperature of cooler(s)?19.4 Acceptable Temperature Range: 0 - 6 degC Air and Metal samples Acceptable Range: Ambient * Must be completed for after-hours delivery of samples prior to placing in the refrigerator Analyst: PH Device/Lot#: Comments Whitney Capps Temperature Measuring device used : IR2 Page 10 of 10 Final 1.000 Analytical Report 652607 for HVJ North Texas-Chelliah Consultants Inc. Project Manager: Saif Salah General soils 02.24.2020 DG-18-10125 9701 Harry Hines Blvd Dallas, TX 75220 Xenco-Houston (EPA Lab Code: TX00122): Texas (T104704215-19-30), Arizona (AZ0765), Florida (E871002-24), Louisiana (03054) Oklahoma (2019-058), North Carolina (681), Arkansas (19-037-0) Xenco-Dallas (EPA Lab Code: TX01468): Texas (TX104704295-19-22), Arizona (AZ0809), Arkansas (17-063-0) Xenco-El Paso (EPA Lab Code: TX00127): Texas (T104704221-19-16) Xenco-Lubbock (EPA Lab Code: TX00139): Texas (T104704219-19-21) Xenco-Midland (EPA Lab Code: TX00158): Texas (T104704400-19-19) Xenco-Carlsbad (LELAP): Louisiana (05092) Xenco-San Antonio (EPA Lab Code: TNI02385): Texas (T104704534-19-5) Xenco Phoenix (EPA Lab Code: AZ00901): Arizona (AZ0757) Xenco-Tampa: Florida (E87429), North Carolina (483) Collected By: Saif Salah Page 1 of 14 Final 1.000 A Small Business and Minority Company Houston - Dallas - Midland - Tampa - Phoenix - Lubbock - San Antonio - El Paso - Atlanta - New Mexico Project Manager: Saif Salah HVJ North Texas-Chelliah Consultants Inc. 8701 John Carpenter Fwy. Suite 250 Dallas, TX 75247 Reference: XENCO Report No(s): 652607 General soils Project Address: Saif Salah: We are reporting to you the results of the analyses performed on the samples received under the project name referenced above and identified with the XENCO Report Number(s) 652607. All results being reported under this Report Number apply to the samples analyzed and properly identified with a Laboratory ID number. Subcontracted analyses are identified in this report with either the NELAC certification number of the subcontract lab in the analyst ID field, or the complete subcontracted report attached to this report. Unless otherwise noted in a Case Narrative, all data reported in this Analytical Report are in compliance with NELAC standards. The uncertainty of measurement associated with the results of analysis reported is available upon request. Should insufficient sample be provided to the laboratory to meet the method and NELAC Matrix Duplicate and Matrix Spike requirements, then the data will be analyzed, evaluated and reported using all other available quality control measures. The validity and integrity of this report will remain intact as long as it is accompanied by this letter and reproduced in full, unless written approval is granted by XENCO Laboratories. This report will be filed for at least 5 years in our archives after which time it will be destroyed without further notice, unless otherwise arranged with you. The samples received, and described as recorded in Report No. 652607 will be filed for 45 days, and after that time they will be properly disposed without further notice, unless otherwise arranged with you. We reserve the right to return to you any unused samples, extracts or solutions related to them if we consider so necessary (e.g., samples identified as hazardous waste, sample sizes exceeding analytical standard practices, controlled substances under regulated protocols, etc). We thank you for selecting XENCO Laboratories to serve your analytical needs. If you have any questions concerning this report, please feel free to contact us at any time. Respectfully, 02.24.2020 Client Services Manager Mike Kimmel Page 2 of 14 Final 1.000 Sample Cross Reference 652607 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils Sample Id RW-1 RW-4 RW-5 02.17.2020 00:00 02.17.2020 00:00 02.17.2020 00:00 Date Collected Lab Sample Id 652607-001 652607-002 652607-003 3 - 5 4 - 6 4 - 6 Sample DepthMatrix S S S Page 3 of 14 Final 1.000 CASE NARRATIVE 652607Work Order Number(s): 02.24.2020Report Date: DG-18-10125Project ID: Project Name: General soils Date Received: Client Name: HVJ North Texas-Chelliah Consultants Inc. 02.17.2020 None Sample receipt non conformances and comments: Sample receipt non conformances and comments per sample: Page 4 of 14 Final 1.000 Certificate of Analytical Results 652607 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 02.17.2020 14:30 Date Received: 02.17.2020 00:00 Date Collected:652607-001Lab Sample Id: SoilMatrix: RW-1Sample Id: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Soil pH meas. in water at Sulfate Parameter Parameter Parameter Result Result Result 4.95 49.9 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 19.8 8.61 24.4 93.9 3116959 3116940 3117110 Seq Number: Seq Number: Seq Number: 3 - 5 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 02.19.2020 11:45 02.19.2020 11:12 02.19.2020 11:12 02.20.2020 10:05 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 5 of 14 Final 1.000 Certificate of Analytical Results 652607 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 02.17.2020 14:30 Date Received: 02.17.2020 00:00 Date Collected:652607-002Lab Sample Id: SoilMatrix: RW-4Sample Id: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Soil pH meas. in water at Sulfate Parameter Parameter Parameter Result Result Result 4.95 983 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 20 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 79.2 9.05 24.5 2610 3116959 3116940 3117110 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 02.19.2020 11:45 02.19.2020 11:12 02.19.2020 11:12 02.20.2020 10:05 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 6 of 14 Final 1.000 Certificate of Analytical Results 652607 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 02.17.2020 14:30 Date Received: 02.17.2020 00:00 Date Collected:652607-003Lab Sample Id: SoilMatrix: RW-5Sample Id: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: REW REW REW Analyst: Analyst: Analyst: REW REW REW Tech: Tech: Tech: Chloride pH Soil pH meas. in water at Sulfate Parameter Parameter Parameter Result Result Result 4.76 49.4 Flag Flag Flag mg/kg SU Deg C mg/kg Units Units Units 1 1 1 1 Dil Dil Dil Cas Number Cas Number Cas Number 16887-00-6 12408-02-5 TEMP 14808-79-8 281 9.03 24.5 134 3116959 3116940 3117110 Seq Number: Seq Number: Seq Number: 4 - 6 Sample Depth: RL RL RL Wet Weight Wet Weight Wet Weight Basis: Basis: Basis: 02.19.2020 11:45 02.19.2020 11:12 02.19.2020 11:12 02.20.2020 10:05 Analysis Date Analysis Date Analysis Date % Moisture: % Moisture: % Moisture: Page 7 of 14 Final 1.000 Blank Summary 652607 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 3116959-1-BLKLab Sample Id: SOLIDMatrix: 3116959-1-BLK Sample Id: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Analytical Method: REWAnalyst: Prep Method: Date Prep: REWTech: Chloride Parameter Result U0.500 Flag mg/kg Units 1 DilCas Number 16887-00-6 <0.500 3116959Seq Number: MDLRL 02.19.2020 11:45 Analysis Date Page 8 of 14 Final 1.000 Blank Summary 652607 HVJ North Texas-Chelliah Consultants Inc., Dallas, TX General soils 3117110-1-BLKLab Sample Id: SOLIDMatrix: 3117110-1-BLK Sample Id: Sulfate by SW-846 9038 Analytical Method: REWAnalyst: Prep Method: Date Prep: REWTech: Sulfate Parameter Result U5.00 Flag mg/kg Units 1 DilCas Number 14808-79-8 <5.00 3117110Seq Number: MDLRL 02.20.2020 10:05 Analysis Date Page 9 of 14 Final 1.000 QC Summary 652607 HVJ North Texas-Chelliah Consultants Inc. General soils MS/MSD Percent Recovery [D] = 100*(C-A) / B Relative Percent Difference RPD = 200* | (C-E) / (C+E) | LCS/LCSD Recovery [D] = 100 * (C) / [B] Log Difference Log Diff. = Log(Sample Duplicate) - Log(Original Sample) LCS = Laboratory Control Sample MS = Matrix Spike A = Parent Result B = Spike Added C = MS/LCS Result D = MSD/LCSD % Rec E = MSD/LCSD Result 3116959-1-BLK 652608-007 652606-001 652606-001 652608-007 3117110-1-BLK MB Sample Id: Parent Sample Id: Parent Sample Id: Parent Sample Id: Parent Sample Id: MB Sample Id: Solid Soil Soil Soil Soil Solid Matrix: Matrix: Matrix: Matrix: Matrix: Matrix: Chloride, Mercuric Nitrate Method by SM4500 Cl-C Chloride, Mercuric Nitrate Method by SM4500 Cl-C Chloride, Mercuric Nitrate Method by SM4500 Cl-C Soil pH by EPA 9045C Soil pH by EPA 9045C Sulfate by SW-846 9038 Analytical Method: Analytical Method: Analytical Method: Analytical Method: Analytical Method: Analytical Method: Chloride Chloride Chloride pH Soil pH meas. in water at pH Soil pH meas. in water at Sulfate Parameter Parameter Parameter Parameter Parameter Parameter %RPD %RPD %RPD %RPD %RPD %RPD Flag Flag Flag Flag Flag Flag 25 25 25 20 25 20 25 20 RPD Limit RPD Limit RPD Limit RPD Limit RPD Limit RPD Limit 0 0 0 1 1 1 2 0 3116959 3116959 3116959 3116940 3116940 3117110 Seq Number: Seq Number: Seq Number: Seq Number: Seq Number: Seq Number: Analysis Date Analysis Date Analysis Date Analysis Date Analysis Date Analysis Date Limits Limits Limits 75-125 75-125 80-120 LCSD %Rec MSD %Rec LCSD %Rec 100 100 106 LCSD Result MSD Result LCSD Result 5.00 72.5 21.1 LCS %Rec MS %Rec LCS %Rec 100 100 106 5.00 68.5 72.2 8.41 24.4 9.44 25.2 21.1 Spike Amount Spike Amount Spike Amount 5.00 48.1 20.0 MB Result Parent Result Parent Result Parent Result Parent Result MB Result <0.500 68.7 23.9 8.50 24.2 9.38 24.8 <1.67 3116959-1-BKS 652608-007 D 652606-001 S 652606-001 D 652608-007 D 3117110-1-BKS LCS Sample Id: MD Sample Id: MS Sample Id: MD Sample Id: MD Sample Id: LCS Sample Id: 3116959-1-BSD 652606-001 SD 3117110-1-BSD LCSD Sample Id: MSD Sample Id: LCSD Sample Id: mg/kg mg/kg mg/kg SU Deg C SU Deg C mg/kg Units Units Units Units Units Units LCS Result MD Result MS Result MD Result MD Result LCS Result 02.19.2020 11:45 02.19.2020 11:45 02.19.2020 11:45 02.19.2020 11:12 02.19.2020 11:12 02.19.2020 11:12 02.19.2020 11:12 02.20.2020 10:05 Page 10 of 14 Final 1.000 QC Summary 652607 HVJ North Texas-Chelliah Consultants Inc. General soils MS/MSD Percent Recovery [D] = 100*(C-A) / B Relative Percent Difference RPD = 200* | (C-E) / (C+E) | LCS/LCSD Recovery [D] = 100 * (C) / [B] Log Difference Log Diff. = Log(Sample Duplicate) - Log(Original Sample) LCS = Laboratory Control Sample MS = Matrix Spike A = Parent Result B = Spike Added C = MS/LCS Result D = MSD/LCSD % Rec E = MSD/LCSD Result 652608-007 652606-001 Parent Sample Id: Parent Sample Id: Soil Soil Matrix: Matrix: Sulfate by SW-846 9038 Sulfate by SW-846 9038 Analytical Method: Analytical Method: Sulfate Sulfate Parameter Parameter %RPD %RPD Flag Flag 20 20 RPD Limit RPD Limit 11 2 3117110 3117110 Seq Number: Seq Number: Analysis Date Analysis Date Limits 75-125 MSD %Rec 114 MSD Result 302 MS %Rec 112 76.5 297 Spike Amount 192 Parent Result Parent Result 85.7 81.3 652608-007 D 652606-001 S MD Sample Id: MS Sample Id:652606-001 SDMSD Sample Id: mg/kg mg/kg Units Units MD Result MS Result 02.20.2020 10:05 02.20.2020 10:05 Page 11 of 14 Final 1.000 Flagging Criteria X In our quality control review of the data a QC deficiency was observed and flagged as noted. MS/MSD recoveries were found to be outside of the laboratory control limits due to possible matrix /chemical interference, or a concentration of target analyte high enough to affect the recovery of the spike concentration. This condition could also affect the relative percent difference in the MS/MSD. B A target analyte or common laboratory contaminant was identified in the method blank. Its presence indicates possible field or laboratory contamination. D The sample(s) were diluted due to targets detected over the highest point of the calibration curve, or due to matrix interference. Dilution factors are included in the final results. The result is from a diluted sample. E The data exceeds the upper calibration limit; therefore, the concentration is reported as estimated. F RPD exceeded lab control limits. J The target analyte was positively identified below the quantitation limit and above the detection limit. U Analyte was not detected. L The LCS data for this analytical batch was reported below the laboratory control limits for this analyte. The department supervisor and QA Director reviewed data. The samples were either reanalyzed or flagged as estimated concentrations. H The LCS data for this analytical batch was reported above the laboratory control limits. Supporting QC Data were reviewed by the Department Supervisor and QA Director. Data were determined to be valid for reporting. K Sample analyzed outside of recommended hold time. JN A combination of the "N" and the "J" qualifier. The analysis indicates that the analyte is "tentatively identified" and the associated numerical value may not be consistent with the amount actually present in the environmental sample. ** Surrogate recovered outside laboratory control limit. BRL Below Reporting Limit. ND Not Detected. RL Reporting Limit MDL Method Detection Limit SDL Sample Detection Limit LOD Limit of Detection PQL Practical Quantitation Limit MQL Method Quantitation Limit LOQ Limit of Quantitation DL Method Detection Limit NC Non-Calculable SMP Client Sample BLK Method Blank BKS/LCS Blank Spike/Laboratory Control Sample BKSD/LCSD Blank Spike Duplicate/Laboratory Control Sample Duplicate MD/SD Method Duplicate/Sample Duplicate MS Matrix Spike MSD: Matrix Spike Duplicate + NELAC certification not offered for this compound. * (Next to analyte name or method description) = Outside XENCO's scope of NELAC accreditation Page 12 of 14 Final 1.000 Page 13 of 14 Final 1.000 Prelogin/Nonconformance Report- Sample Log-In XENCO Laboratories 652607Work Order #: 02.17.2020 02.30.00 PMDate/ Time Received: HVJ North Texas-Chelliah Consultants InClient: Sample Receipt Checklist Checklist completed by: Date: Checklist reviewed by: Date: Mike Kimmel 02.17.2020 02.22.2020 #2 *Shipping container in good condition? #3 *Samples received on ice? #4 *Custody Seals intact on shipping container/ cooler? #5 Custody Seals intact on sample bottles? #6*Custody Seals Signed and dated? #7 *Chain of Custody present? #8 Any missing/extra samples? #9 Chain of Custody signed when relinquished/ received? #10 Chain of Custody agrees with sample labels/matrix? #11 Container label(s) legible and intact? #12 Samples in proper container/ bottle? #13 Samples properly preserved? #14 Sample container(s) intact? #15 Sufficient sample amount for indicated test(s)? #16 All samples received within hold time? #17 Subcontract of sample(s)? #18 Water VOC samples have zero headspace? Yes No No No N/A Yes No Yes Yes Yes Yes Yes Yes Yes Yes No N/A #1 *Temperature of cooler(s)?25 Acceptable Temperature Range: 0 - 6 degC Air and Metal samples Acceptable Range: Ambient * Must be completed for after-hours delivery of samples prior to placing in the refrigerator Analyst: PH Device/Lot#: Comments Whitney Capps Temperature Measuring device used : XDA Page 14 of 14 Final 1.000 APPENDIX D pH LIME SERIES TEST RESULTS PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:P-1 DEPTH (FT)2-4 6 8 13.8 13.813.7Soil pH 10.2 13.6 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:P-5 DEPTH (FT)2-4 6 8 14.0 14.014.0Soil pH 9.2 13.6 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:P-8 DEPTH (FT)2-4 6 8 14.0 14.014.0Soil pH 9.7 13.9 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:P-12 DEPTH (FT)0-2 6 8 13.9 14.013.8Soil pH 9.3 13.4 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:P-15 (RW-2) DEPTH (FT)2-4 6 8 13.9 13.913.8Soil pH 9.3 13.5 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:P-19 DEPTH (FT)1-2 6 8 14.0 14.013.9Soil pH 10.8 13.4 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH PROJECT: Bonnie Brae Phase 6 - US 380 to US 77 REPORT NO. : DG-18-10125 BORING:RW-5 DEPTH (FT)0-2 6 8 13.9 13.913.8Soil pH 9.5 13.5 LIME SERIES-pH (Soil pH vs Percent of Lime) LIME CURVE 42Percent of Lime 0 Our letters and reports are for the exclusive use of the client.The use of our name must receive our prior written approval.Our letters and reports apply only to the material(s)tested and/or inspected and arenot necessarily indicative of the qualitiesof apparently identical or similar materials(s).Thisreport may notbe reproduced,except in full,withoutconsentof HVJ Associates®. 8 9 10 11 12 13 14 15 0 1 2 3 4 5 6 7 8 9Soil pHLime Content, % Soil pH APPENDIX E SWELL TEST RESULTS HVJ ASSOCIATES ® SWELL TEST ASTM D-4546 METHOD B Project Name:Bonnie Brae Phase 6 Boring No.P-4 Project No.DG-18-10125 Sample Depth.6-8 Date Tested:1/15/20 Ring No.11 Technician:DWS Date Calculated:1/23/20 Swell Sample Data Initial Final Test Data Initial Final Sample Height (in)0.981 0.976 Wet + Ring (g)227.60 228.67 Diameter (in)2.062 2.062 Dry + Ring (g)205.67 205.67 Volume (cc)53.683 53.388 Ring Wt. (g)117.19 117.19 Height of Solids (in)0.599 0.599 Moisture Data (Trimmings)LL Specific Gravity 2.70 2.70 Wet + Tare (g)137.02 Moisture Content (%)24.8 26.0 Dry + Tare (g)118.58 PI Wet Density (pcf)128.3 130.3 Tare (g)31.82 Dry Density (pcf)102.8 103.4 Moisture Content (%)21.3 Sample Description Hand Penetrometer (tsf) Elapsed Swell Void Date Time Time Readings Change Deformation Ratio (min)(in)(in)(in)(in) 1/15/2020 0.0862 0.0000 0.9810 0.6382 1/15/2020 0.0705 0.0157 0.9653 0.6119 1/15/2020 0.0 0.0704 0.0000 0.9652 0.6118 1/15/2020 0.5 0.0704 0.0000 0.9652 0.6118 1/15/2020 1.0 0.0704 0.0000 0.9652 0.6118 1/15/2020 2.0 0.0704 0.0000 0.9652 0.6118 1/15/2020 4.0 0.0704 0.0000 0.9652 0.6118 1/15/2020 8.0 0.0704 0.0000 0.9652 0.6118 1/15/2020 15.0 0.0705 0.0001 0.9653 0.6119 1/15/2020 30.0 0.0705 0.0001 0.9653 0.6119 1/15/2020 60.0 0.0706 0.0002 0.9654 0.6121 1/15/2020 120.0 0.0709 0.0005 0.9657 0.6126 1/15/2020 240.0 0.0709 0.0005 0.9657 0.6126 1/16/2020 1440.0 0.0808 0.0104 0.9756 0.6291 1/17/2020 2880.0 0.0808 0.0104 0.9756 0.6291 1/19/2020 4320.0 0.0807 0.0103 0.9755 0.6290 750 psf Calculated by:SBN 0.9652 in Computed by:SBN 0.0104 in Checked by:SBS 1.08 %Percent Free Swell= Over Burden Pressure= Sample Height before inundation= Change in Height after Swell= HVJ ASSOCIATES ® SWELL TEST ASTM D-4546 METHOD B Project Name:Bonnie Brae Phase 6 Boring No.P-6 Project No.DG-18-10125 Sample Depth.4-6 Date Tested:1/15/20 Ring No.14 Technician:DWS Date Calculated:1/23/20 Swell Sample Data Initial Final Test Data Initial Final Sample Height (in)0.995 0.993 Wet + Ring (g)237.53 240.07 Diameter (in)2.053 2.053 Dry + Ring (g)223.35 223.35 Volume (cc)53.975 53.872 Ring Wt. (g)118.35 118.35 Height of Solids (in)0.717 0.717 Moisture Data (Trimmings)LL Specific Gravity 2.70 2.70 Wet + Tare (g)126.10 Moisture Content (%)13.5 15.9 Dry + Tare (g)112.09 PI Wet Density (pcf)137.8 141.0 Tare (g)31.86 Dry Density (pcf)121.4 121.6 Moisture Content (%)17.5 Sample Description Hand Penetrometer (tsf) Elapsed Swell Void Date Time Time Readings Change Deformation Ratio (min)(in)(in)(in)(in) 1/15/2020 0.1202 0.0000 0.9950 0.3879 1/15/2020 0.1152 0.0050 0.9900 0.3810 1/15/2020 0.0 0.1152 0.0000 0.9900 0.3810 1/15/2020 0.5 0.1152 0.0000 0.9900 0.3810 1/15/2020 1.0 0.1152 0.0000 0.9900 0.3810 1/15/2020 2.0 0.1152 0.0000 0.9900 0.3810 1/15/2020 4.0 0.1153 0.0001 0.9901 0.3811 1/15/2020 8.0 0.1157 0.0005 0.9905 0.3816 1/15/2020 15.0 0.1160 0.0008 0.9908 0.3821 1/15/2020 30.0 0.1164 0.0012 0.9912 0.3826 1/15/2020 60.0 0.1170 0.0018 0.9918 0.3835 1/15/2020 120.0 0.1175 0.0023 0.9923 0.3842 1/15/2020 240.0 0.1177 0.0025 0.9925 0.3844 1/16/2020 1440.0 0.1180 0.0028 0.9928 0.3849 1/17/2020 2880.0 0.1182 0.0030 0.9930 0.3851 1/19/2020 4320.0 0.1183 0.0031 0.9931 0.3853 500 psf Calculated by:SBN 0.9900 in Computed by:SBN 0.0031 in Checked by:SBS 0.31 %Percent Free Swell= Over Burden Pressure= Sample Height before inundation= Change in Height after Swell= HVJ ASSOCIATES ® SWELL TEST ASTM D-4546 METHOD B Project Name:Bonnie Brae Phase 6 Boring No.P-9 Project No.DG-18-10125 Sample Depth.2-4 Date Tested:1/15/20 Ring No.31 Technician:DWS Date Calculated:1/23/20 Swell Sample Data Initial Final Test Data Initial Final Sample Height (in)0.900 0.909 Wet + Ring (g)235.51 237.12 Diameter (in)2.047 2.047 Dry + Ring (g)215.35 215.35 Volume (cc)48.537 49.011 Ring Wt. (g)119.06 119.06 Height of Solids (in)0.661 0.661 Moisture Data (Trimmings)LL Specific Gravity 2.70 2.70 Wet + Tare (g)143.65 Moisture Content (%)20.9 22.6 Dry + Tare (g)125.03 PI Wet Density (pcf)149.7 150.3 Tare (g)31.70 Dry Density (pcf)123.8 122.6 Moisture Content (%)20.0 Sample Description Hand Penetrometer (tsf) Elapsed Swell Void Date Time Time Readings Change Deformation Ratio (min)(in)(in)(in)(in) 1/15/2020 0.1410 0.0000 0.9000 0.3610 1/15/2020 0.1358 0.0052 0.8948 0.3531 1/15/2020 0.0 0.1357 0.0000 0.8947 0.3530 1/15/2020 0.5 0.1357 0.0000 0.8947 0.3530 1/15/2020 1.0 0.1359 0.0002 0.8949 0.3533 1/15/2020 2.0 0.1359 0.0002 0.8949 0.3533 1/15/2020 4.0 0.1364 0.0007 0.8954 0.3540 1/15/2020 8.0 0.1367 0.0010 0.8957 0.3545 1/15/2020 15.0 0.1372 0.0015 0.8962 0.3552 1/15/2020 30.0 0.1378 0.0021 0.8968 0.3561 1/15/2020 60.0 0.1390 0.0033 0.8980 0.3580 1/15/2020 120.0 0.1395 0.0038 0.8985 0.3587 1/15/2020 240.0 0.1422 0.0065 0.9012 0.3628 1/16/2020 1440.0 0.1477 0.0120 0.9067 0.3711 1/17/2020 2880.0 0.1486 0.0129 0.9076 0.3725 1/19/2020 4320.0 0.1492 0.0135 0.9082 0.3734 1/20/2020 5760.0 0.1497 0.0140 0.9087 0.3741 1/21/2020 7200.0 0.1498 0.0141 0.9088 0.3743 375 psf Calculated by:SBN 0.8947 in Computed by:SBN 0.0141 in Checked by:SBS 1.58 %Percent Free Swell= Over Burden Pressure= Sample Height before inundation= Change in Height after Swell= HVJ ASSOCIATES ® SWELL TEST ASTM D-4546 METHOD B Project Name:Bonnie Brae Phase 6 Boring No.P-16(RW-3) Project No.DG-18-10125 Sample Depth.4-6 Date Tested:1/15/20 Ring No.8 Technician:DWS Date Calculated:1/22/20 Swell Sample Data Initial Final Test Data Initial Final Sample Height (in)0.979 1.002 Wet + Ring (g)237.64 241.09 Diameter (in)2.057 2.057 Dry + Ring (g)221.41 221.41 Volume (cc)53.314 54.583 Ring Wt. (g)117.75 117.75 Height of Solids (in)0.705 0.705 Moisture Data (Trimmings)LL Specific Gravity 2.70 2.70 Wet + Tare (g)129.77 Moisture Content (%)15.7 19.0 Dry + Tare (g)118.62 PI Wet Density (pcf)140.3 141.0 Tare (g)31.46 Dry Density (pcf)121.3 118.5 Moisture Content (%)12.8 Sample Description Hand Penetrometer (tsf) Elapsed Swell Void Date Time Time Readings Change Deformation Ratio (min)(in)(in)(in)(in) 1/15/2020 0.0912 0.0000 0.9790 0.3887 1/15/2020 0.0874 0.0038 0.9752 0.3833 1/15/2020 0.0 0.0874 0.0000 0.9752 0.3833 1/15/2020 0.5 0.0874 0.0000 0.9752 0.3833 1/15/2020 1.0 0.0875 0.0001 0.9753 0.3834 1/15/2020 2.0 0.0876 0.0002 0.9754 0.3835 1/15/2020 4.0 0.0878 0.0004 0.9756 0.3838 1/15/2020 8.0 0.0883 0.0009 0.9761 0.3845 1/15/2020 15.0 0.0888 0.0014 0.9766 0.3853 1/15/2020 30.0 0.0899 0.0025 0.9777 0.3868 1/15/2020 60.0 0.0918 0.0044 0.9796 0.3895 1/15/2020 120.0 0.0942 0.0068 0.9820 0.3929 1/15/2020 240.0 0.0977 0.0103 0.9855 0.3979 1/16/2020 1440.0 0.1114 0.0240 0.9992 0.4173 1/17/2020 2880.0 0.1130 0.0256 1.0008 0.4196 1/19/2020 4320.0 0.1138 0.0264 1.0016 0.4207 1/20/2020 5760.0 0.1143 0.0269 1.0021 0.4214 1/21/2020 7200.0 0.1145 0.0271 1.0023 0.4217 625 psf Calculated by:SBN 0.9752 in Comuted by:SBN 0.0271 in Checked by:SBS 2.78 %Percent Free Swell= Over Burden Pressure= Sample Height before inundation= Change in Height after Swell= HVJ ASSOCIATES ® SWELL TEST ASTM D-4546 METHOD B Project Name:Bonnie Brae Phase 6 Boring No.RW-4 Project No.DG-18-10125 Sample Depth.4-6 Date Tested:2/14/2020 Ring No.8 Technician:DWS Date Calculated:04/23/2020 Swell Sample Data Initial Final Test Data Initial Final Sample Height (in)0.989 0.983 Wet + Ring (g)225.68 227.29 Diameter (in)2.101 2.101 Dry + Ring (g)202.52 202.52 Volume (cc)56.187 55.858 Ring Wt. (g)117.76 117.76 Height of Solids (in)0.553 0.553 Moisture Data (Trimmings)LL Specific Gravity 2.70 2.70 Wet + Tare (g)137.82 Moisture Content (%)27.3 29.2 Dry + Tare (g)115.21 PI Wet Density (pcf)119.9 122.4 Tare (g)31.39 Dry Density (pcf)94.1 94.7 Moisture Content (%)27.0 Sample Description Hand Penetrometer (tsf) Elapsed Swell Void Date Time Time Readings Change Deformation Ratio (min)(in)(in)(in)(in) 1/15/2020 0.0767 0.0000 0.9890 0.7898 1/15/2020 0.0662 0.0105 0.9785 0.7708 1/15/2020 0.0 0.0662 0.0000 0.9785 0.7708 1/15/2020 0.5 0.0657 -0.0005 0.9780 0.7699 1/15/2020 1.0 0.0656 -0.0006 0.9779 0.7697 1/15/2020 2.0 0.0655 -0.0007 0.9778 0.7696 1/15/2020 4.0 0.0655 -0.0007 0.9778 0.7696 1/15/2020 8.0 0.0657 -0.0005 0.9780 0.7699 1/15/2020 15.0 0.0659 -0.0003 0.9782 0.7703 1/15/2020 30.0 0.0660 -0.0002 0.9783 0.7705 1/15/2020 60.0 0.0666 0.0004 0.9789 0.7716 1/15/2020 120.0 0.0676 0.0014 0.9799 0.7734 1/15/2020 240.0 0.0684 0.0022 0.9807 0.7748 1/16/2020 1440.0 0.0697 0.0035 0.9820 0.7772 1/17/2020 2880.0 0.0700 0.0038 0.9823 0.7777 1/19/2020 4320.0 0.0706 0.0044 0.9829 0.7788 1/20/2020 5760.0 0.0708 0.0046 0.9831 0.7792 1/21/2020 7200.0 0.0709 0.0047 0.9832 0.7793 500 psf Calculated by:SBN 0.9785 in Computed by:SBN 0.0047 in Checked by:SBS 0.48 %Percent Free Swell= Over Burden Pressure= Sample Height before inundation= Change in Height after Swell= HVJ ASSOCIATES ® SWELL TEST ASTM D-4546 METHOD B Project Name:Bonnie Brae Phase 6 Boring No.RW-5 Project No.DG-18-10125 Sample Depth.4-6 Date Tested:2/14/20 Ring No.28 Technician:DWS Date Calculated:4/23/2020 Swell Sample Data Initial Final Test Data Initial Final Sample Height (in)0.980 0.985 Wet + Ring (g)224.95 227.43 Diameter (in)2.090 2.090 Dry + Ring (g)201.93 201.93 Volume (cc)55.095 55.387 Ring Wt. (g)116.41 116.41 Height of Solids (in)0.563 0.563 Moisture Data (Trimmings)LL Specific Gravity 2.70 2.70 Wet + Tare (g)136.81 Moisture Content (%)26.9 29.8 Dry + Tare (g)114.21 PI Wet Density (pcf)122.9 125.1 Tare (g)30.99 Dry Density (pcf)96.9 96.3 Moisture Content (%)27.2 Sample Description Hand Penetrometer (tsf) Elapsed Swell Void Date Time Time Readings Change Deformation Ratio (min)(in)(in)(in)(in) 2/14/2020 0.0926 0.0000 0.9800 0.7394 2/14/2020 0.0720 0.0206 0.9594 0.7029 2/14/2020 0.0 0.0720 0.0000 0.9594 0.7029 2/14/2020 0.5 0.0723 0.0003 0.9597 0.7034 2/14/2020 1.0 0.0726 0.0006 0.9600 0.7039 2/14/2020 2.0 0.0730 0.0010 0.9604 0.7046 2/14/2020 4.0 0.0737 0.0017 0.9611 0.7059 2/14/2020 8.0 0.0744 0.0024 0.9618 0.7071 2/14/2020 15.0 0.0763 0.0043 0.9637 0.7105 2/14/2020 30.0 0.0780 0.0060 0.9654 0.7135 2/14/2020 60.0 0.0810 0.0090 0.9684 0.7188 2/14/2020 120.0 0.0844 0.0124 0.9718 0.7249 2/14/2020 240.0 0.0880 0.0160 0.9754 0.7313 2/15/2020 1440.0 0.0937 0.0217 0.9811 0.7414 2/16/2020 2880.0 0.0950 0.0230 0.9824 0.7437 2/17/2020 4320.0 0.0962 0.0242 0.9836 0.7458 2/18/2020 5760.0 0.0976 0.0256 0.9850 0.7483 2/19/2020 7200.0 0.0978 0.0258 0.9852 0.7487 500 psf Calculated by:SBN 0.9594 in Computed by:SBN 0.0258 in Checked by:SBS 2.69 %Percent Free Swell= Over Burden Pressure= Sample Height before inundation= Change in Height after Swell= APPENDIX F PVR ESTIMATES 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------0.98 2.0 1.0 47 18.4 24.1 15.0 Dry 82.1 28 7.4 10.5 0.00 0.43 0.43 0.82 1.00 0.35 0.63 4.0 3.0 47 18.4 24.1 13.4 Dry 82.1 28 7.4 10.5 0.43 1.05 0.63 0.82 1.00 0.51 0.11 6.0 5.0 31 15.2 16.6 13.4 Dry 82.1 16 3.5 6.3 0.47 0.60 0.13 0.82 1.00 0.10 0.01 8.0 7.0 24 13.8 13.3 8.2 Dry 68.4 11 1.8 4.6 0.38 0.39 0.01 0.68 1.00 0.01 0.00 10.0 9.0 24 13.8 13.3 8.2 Dry 68.4 11 1.8 4.6 0.39 0.40 0.01 0.68 1.00 0.00 0.00 12.0 11.0 24 13.8 13.3 8.2 Dry 68.4 11 1.8 4.6 0.40 0.40 0.00 0.68 1.00 0.00 0.0014.0 13.0 24 13.8 13.3 7.8 Dry 68.4 11 1.8 4.6 0.40 0.40 0.00 0.68 1.00 0.00 0.00 15.0 14.5 24 13.8 13.3 7.8 Dry 68.4 11 1.8 4.6 0.40 0.40 0.00 0.68 1.00 0.00 0.007.5 9.0 2.0 Dry 0.0 0.0 0.40 0.40 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 0.40 0.40 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Percent moisture value of 15% was used to simulate "Dry"conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-1 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/17/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.20 0.40 0.60 0.80 1.00 1.20 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.79 2.0 1.0 47 18.4 24.1 18.0 Dry 98.0 28 7.4 10.5 0.00 0.43 0.43 0.98 1.00 0.42 2.37 4.0 3.0 47 18.4 24.1 14.3 Dry 98.0 28 7.4 10.5 0.43 1.05 0.63 0.98 1.00 0.61 1.76 6.0 5.0 53 19.6 26.9 19.0 Dry 98.0 34 9.3 12.6 1.36 1.96 0.60 0.98 1.00 0.59 1.17 8.0 7.0 53 19.6 26.9 18.0 Dry 98.0 34 9.3 12.6 1.96 2.38 0.43 0.98 1.00 0.42 0.76 10.0 9.0 53 19.6 26.9 18.0 Dry 98.0 34 9.3 12.6 2.38 2.69 0.30 0.98 1.00 0.30 0.46 12.0 11.0 53 19.6 26.9 18.0 Dry 98.0 34 9.3 12.6 2.69 2.91 0.22 0.98 1.00 0.22 0.2414.0 13.0 53 19.6 26.9 18.0 Dry 98.0 34 9.3 12.6 2.91 3.08 0.17 0.98 1.00 0.17 0.07 15.0 14.5 53 19.6 26.9 18.0 Dry 98.0 34 9.3 12.6 3.08 3.15 0.07 0.98 1.00 0.07 0.007.5 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 01/23/2020SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-2 Percent moisture value of 18% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 2.50 3.00 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------1.74 2.0 1.0 40 17.0 20.8 15.0 Dry 86.1 24 6.1 9.1 0.00 0.37 0.37 0.86 1.00 0.32 1.41 4.0 3.0 40 17.0 20.8 15.2 Dry 86.1 24 6.1 9.1 0.37 0.91 0.54 0.86 1.00 0.46 0.95 6.0 5.0 40 17.0 20.8 15.2 Dry 86.1 24 6.1 9.1 0.91 1.24 0.33 0.86 1.00 0.28 0.67 8.0 7.0 40 17.0 20.8 15.0 Dry 86.1 24 6.1 9.1 1.24 1.43 0.20 0.86 1.00 0.17 0.50 10.0 9.0 40 17.0 20.8 15.0 Dry 86.1 24 6.1 9.1 1.43 1.56 0.12 0.86 1.00 0.10 0.40 12.0 11.0 57 20.4 28.8 19.3 Dry 71.7 39 10.9 14.3 2.97 3.23 0.26 0.72 1.00 0.19 0.2114.0 13.0 57 20.4 28.8 19.3 Dry 71.7 39 10.9 14.3 3.23 3.43 0.20 0.72 1.00 0.15 0.06 15.0 14.5 57 20.4 28.8 19.3 Dry 71.7 39 10.9 14.3 3.43 3.52 0.09 0.72 1.00 0.06 0.007.5 9.0 2.0 Dry 0.0 0.0 3.52 3.52 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.52 3.52 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Percent moisture value of 15% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-3 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------3.90 2.0 1.0 54 19.8 27.4 19.0 Dry 82.4 37 10.3 13.6 0.00 0.56 0.56 0.82 1.00 0.46 3.43 4.0 3.0 54 19.8 27.4 21.6 Dry 82.4 37 10.3 13.6 0.56 1.46 0.90 0.82 1.00 0.74 2.69 6.0 5.0 54 19.8 27.4 21.6 Dry 82.4 37 10.3 13.6 1.46 2.12 0.66 0.82 1.00 0.55 2.14 8.0 7.0 67 22.4 33.5 20.0 Dry 96.3 46 13.2 16.7 2.70 3.41 0.71 0.96 1.00 0.68 1.46 10.0 9.0 67 22.4 33.5 20.0 Dry 96.3 46 13.2 16.7 3.41 3.97 0.56 0.96 1.00 0.54 0.92 12.0 11.0 67 22.4 33.5 24.7 Dry 96.3 46 13.2 16.7 3.97 4.42 0.45 0.96 1.00 0.43 0.4914.0 13.0 67 22.4 33.5 24.7 Dry 96.3 46 13.2 16.7 4.42 4.77 0.36 0.96 1.00 0.34 0.15 15.0 14.5 67 22.4 33.5 24.7 Dry 96.3 46 13.2 16.7 4.77 4.93 0.15 0.96 1.00 0.15 0.007.5 9.0 2.0 Dry 0.0 0.0 4.93 4.93 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 4.93 4.93 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/14/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-4 Percent moisture values of 19% and 20% were used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------1.60 2.0 1.0 47 18.4 24.1 12.8 Dry 55.8 31 8.3 11.5 0.00 0.49 0.49 0.56 1.00 0.27 1.32 4.0 3.0 47 18.4 24.1 12.8 Dry 55.8 31 8.3 11.5 0.49 1.26 0.76 0.56 1.00 0.43 0.89 6.0 5.0 47 18.4 24.1 5.6 Dry 55.8 31 8.3 11.5 1.26 1.79 0.53 0.56 1.00 0.30 0.60 8.0 7.0 47 18.4 24.1 8.3 Dry 55.8 31 8.3 11.5 1.79 2.15 0.37 0.56 1.00 0.20 0.39 10.0 9.0 47 18.4 24.1 8.3 Dry 55.8 31 8.3 11.5 2.15 2.41 0.25 0.56 1.00 0.14 0.25 12.0 11.0 47 18.4 24.1 8.3 Dry 55.8 31 8.3 11.5 2.41 2.59 0.18 0.56 1.00 0.10 0.1514.0 13.0 53 19.6 26.9 20.7 Dry 61.8 36 10.0 13.2 2.91 3.08 0.17 0.62 1.00 0.11 0.05 15.0 14.5 53 19.6 26.9 20.7 Dry 61.8 36 10.0 13.2 3.08 3.15 0.07 0.62 1.00 0.05 0.007.5 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/17/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-5Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.19 2.0 1.0 62 21.4 31.1 20.0 Dry 95.3 41 11.6 15.0 0.00 0.59 0.59 0.95 1.00 0.56 1.62 4.0 3.0 62 21.4 31.1 20.0 Dry 95.3 41 11.6 15.0 0.59 1.56 0.97 0.95 1.00 0.92 0.70 6.0 5.0 62 21.4 31.1 17.8 Dry 95.3 41 11.6 15.0 1.56 2.29 0.73 0.95 1.00 0.70 0.00 3.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.000.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.000.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.29 2.29 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Percent moisture value of 20% was used to simulate "Dry"conditions. PVR was calculated up to the top of weathered limestone layer at 6 feet. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-6 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.04 2.0 1.0 50 19.0 25.5 19.0 Dry 89.0 35 9.6 12.9 0.00 0.53 0.53 0.89 1.00 0.47 1.57 4.0 3.0 50 19.0 25.5 19.0 Dry 89.0 35 9.6 12.9 0.53 1.36 0.83 0.89 1.00 0.74 0.83 6.0 5.0 50 19.0 25.5 19.0 Dry 89.0 35 9.6 12.9 1.36 1.96 0.60 0.89 1.00 0.53 0.30 8.0 7.0 36 16.2 18.9 7.4 Dry 26.4 22 5.4 8.4 1.02 1.17 0.15 0.26 1.00 0.04 0.26 10.0 9.0 36 16.2 18.9 7.4 Dry 26.4 22 5.4 8.4 1.17 1.27 0.09 0.26 1.00 0.02 0.23 12.0 11.0 36 16.2 18.9 7.4 Dry 26.4 22 5.4 8.4 1.27 1.33 0.06 0.26 1.00 0.02 0.2214.0 13.0 50 19.0 25.5 12.4 Dry 89.0 35 9.6 12.9 2.91 3.08 0.17 0.89 1.00 0.15 0.07 15.0 14.5 50 19.0 25.5 12.4 Dry 89.0 35 9.6 12.9 3.08 3.15 0.07 0.89 1.00 0.07 0.007.5 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-7 For the Fat Clay layer below 13 feet, LL and PI values of 50 and 35 were used. Percent moisture value of 19% was used to simulate "Dry"conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 2.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------1.72 2.0 1.0 32 15.4 17.0 12.6 Dry 62.8 18 4.1 7.0 0.00 0.26 0.26 0.63 1.00 0.17 1.56 4.0 3.0 32 15.4 17.0 12.4 Dry 62.8 18 4.1 7.0 0.26 0.62 0.35 0.63 1.00 0.22 1.33 6.0 5.0 32 15.4 17.0 12.4 Dry 62.8 18 4.1 7.0 0.62 0.81 0.19 0.63 1.00 0.12 1.21 8.0 7.0 58 20.6 29.3 20.9 Dry 82.2 38 10.6 13.9 2.12 2.61 0.49 0.82 1.00 0.40 0.81 10.0 9.0 58 20.6 29.3 20.9 Dry 82.2 38 10.6 13.9 2.61 2.97 0.36 0.82 1.00 0.29 0.52 12.0 11.0 58 20.6 29.3 20.9 Dry 82.2 40 11.3 14.6 3.25 3.55 0.30 0.82 1.00 0.25 0.2714.0 13.0 58 20.6 29.3 20.9 Dry 82.2 40 11.3 14.6 3.55 3.78 0.23 0.82 1.00 0.19 0.08 15.0 14.5 58 20.6 29.3 20.9 Dry 82.2 40 11.3 14.6 3.78 3.88 0.10 0.82 1.00 0.08 0.007.5 9.0 2.0 Dry 0.0 0.0 3.88 3.88 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.88 3.88 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/14/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-8 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------4.13 2.0 1.0 64 21.8 32.1 24.2 Dry 88.3 46 13.2 16.7 0.00 0.67 0.67 0.88 1.00 0.59 3.54 4.0 3.0 64 21.8 32.1 21.2 Dry 88.3 46 13.2 16.7 0.67 1.80 1.13 0.88 1.00 1.00 2.54 6.0 5.0 64 21.8 32.1 21.2 Dry 88.3 46 13.2 16.7 1.80 2.70 0.90 0.88 1.00 0.79 1.75 8.0 7.0 64 21.8 32.1 21.2 Dry 88.3 46 13.2 16.7 2.70 3.41 0.71 0.88 1.00 0.63 1.12 10.0 9.0 64 21.8 32.1 21.2 Dry 88.3 46 13.2 16.7 3.41 3.97 0.56 0.88 1.00 0.50 0.62 12.0 11.0 64 21.8 32.1 21.2 Dry 88.3 46 13.2 16.7 3.97 4.42 0.45 0.88 1.00 0.39 0.2314.0 13.0 57 20.4 28.8 16.6 Dry 69.9 40 11.3 14.6 3.55 3.78 0.23 0.70 1.00 0.16 0.07 15.0 14.5 57 20.4 28.8 16.6 Dry 69.9 40 11.3 14.6 3.78 3.88 0.10 0.70 1.00 0.07 0.007.5 9.0 2.0 Dry 0.0 0.0 3.88 3.88 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.88 3.88 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/14/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-9Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------3.89 2.0 1.0 63 21.6 31.6 23.0 Dry 87.1 45 12.9 16.4 0.00 0.63 0.63 0.87 1.00 0.55 3.34 4.0 3.0 63 21.6 31.6 23.0 Dry 87.1 45 12.9 16.4 0.63 1.68 1.05 0.87 1.00 0.91 2.43 6.0 5.0 63 21.6 31.6 21.1 Dry 87.1 45 12.9 16.4 1.68 2.50 0.82 0.87 1.00 0.71 1.72 8.0 7.0 59 20.8 29.7 20.8 Dry 90.0 43 12.2 15.7 2.50 3.12 0.63 0.90 1.00 0.57 1.15 10.0 9.0 59 20.8 29.7 19.0 Dry 90.0 43 12.2 15.7 3.12 3.61 0.48 0.90 1.00 0.44 0.72 12.0 11.0 59 20.8 29.7 19.0 Dry 90.0 43 12.2 15.7 3.61 3.98 0.37 0.90 1.00 0.34 0.3814.0 13.0 59 20.8 29.7 15.1 Dry 90.0 43 12.2 15.7 3.98 4.28 0.29 0.90 1.00 0.27 0.11 15.0 14.5 59 20.8 29.7 15.1 Dry 90.0 43 12.2 15.7 4.28 4.40 0.12 0.90 1.00 0.11 0.007.5 9.0 2.0 Dry 0.0 0.0 4.40 4.40 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 4.40 4.40 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/14/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-10 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.36 2.0 1.0 53 19.6 26.9 19.0 Dry 57.1 35 9.6 12.9 0.00 0.53 0.53 0.57 1.00 0.30 2.06 4.0 3.0 53 19.6 26.9 19.0 Dry 57.1 35 9.6 12.9 0.53 1.36 0.83 0.57 1.00 0.48 1.59 6.0 5.0 53 19.6 26.9 19.0 Dry 57.1 35 9.6 12.9 1.36 1.96 0.60 0.57 1.00 0.34 1.24 8.0 7.0 57 20.4 28.8 19.4 Dry 89.3 39 10.9 14.3 2.12 2.61 0.49 0.89 1.00 0.43 0.81 10.0 9.0 57 20.4 28.8 19.0 Dry 89.3 39 10.9 14.3 2.61 2.97 0.36 0.89 1.00 0.32 0.49 12.0 11.0 57 20.4 28.8 16.9 Dry 89.3 39 10.9 14.3 2.97 3.23 0.26 0.89 1.00 0.24 0.2614.0 13.0 57 20.4 28.8 16.9 Dry 89.3 39 10.9 14.3 3.23 3.43 0.20 0.89 1.00 0.18 0.08 15.0 14.5 57 20.4 28.8 16.9 Dry 89.3 39 10.9 14.3 3.43 3.52 0.09 0.89 1.00 0.08 0.007.5 9.0 2.0 Dry 0.0 0.0 3.52 3.52 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.52 3.52 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-11 Percent moisture value of 19% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 2.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.88 2.0 1.0 76 24.2 37.7 18.7 Dry 95.6 47 13.5 17.1 0.00 0.67 0.67 0.96 1.00 0.64 2.25 4.0 3.0 76 24.2 37.7 26.0 Dry 95.6 47 13.5 17.1 0.67 1.80 1.13 0.96 1.00 1.08 1.16 6.0 5.0 76 24.2 37.7 26.0 Dry 95.6 47 13.5 17.1 1.80 2.70 0.90 0.96 1.00 0.86 0.31 8.0 7.0 35 16.0 18.5 16.0 Dry 57.6 19 4.4 7.3 0.81 0.91 0.10 0.58 1.00 0.06 0.25 10.0 9.0 35 16.0 18.5 16.0 Dry 57.6 19 4.4 7.3 0.91 0.98 0.06 0.58 1.00 0.04 0.21 12.0 11.0 35 16.0 18.5 16.0 Dry 57.6 19 4.4 7.3 0.98 1.02 0.04 0.58 1.00 0.02 0.1914.0 13.0 52 19.4 26.4 17.4 Dry 91.5 33 9.0 12.2 2.59 2.73 0.14 0.92 1.00 0.13 0.06 15.0 14.5 52 19.4 26.4 17.4 Dry 91.5 33 9.0 12.2 2.73 2.79 0.06 0.92 1.00 0.06 0.007.5 9.0 2.0 Dry 0.0 0.0 2.79 2.79 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.79 2.79 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: For the Clayey Sand layer from 6 to 13 feet, LL and PI of 35 and 19 were used. Percent moisture value of 16% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-12 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------0.77 2.0 1.0 35 16.0 18.5 10.7 Dry 57.6 19 4.4 7.3 0.00 0.26 0.26 0.58 1.00 0.15 0.62 4.0 3.0 35 16.0 18.5 10.7 Dry 57.6 19 4.4 7.3 0.26 0.62 0.35 0.58 1.00 0.20 0.42 6.0 5.0 35 16.0 18.5 11.3 Dry 57.6 19 4.4 7.3 0.62 0.81 0.19 0.58 1.00 0.11 0.31 8.0 7.0 35 16.0 18.5 11.3 Dry 57.6 19 4.4 7.3 0.81 0.91 0.10 0.58 1.00 0.06 0.25 10.0 9.0 35 16.0 18.5 10.1 Dry 57.6 19 4.4 7.3 0.91 0.98 0.06 0.58 1.00 0.04 0.21 12.0 11.0 35 16.0 18.5 14.7 Dry 57.6 19 4.4 7.3 0.98 1.02 0.04 0.58 1.00 0.02 0.1914.0 13.0 52 19.4 26.4 14.7 Dry 91.5 33 9.0 12.2 2.59 2.73 0.14 0.92 1.00 0.13 0.06 15.0 14.5 52 19.4 26.4 14.7 Dry 91.5 33 9.0 12.2 2.73 2.79 0.06 0.92 1.00 0.06 0.007.5 9.0 2.0 Dry 0.0 0.0 2.79 2.79 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.79 2.79 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/17/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-13 For the Sandy Fat Clay layer below 13 feet, LL and PI values of 52 and 33 were used. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.88 2.0 1.0 43 17.6 22.2 15.0 Dry 98.2 29 7.7 10.8 0.00 0.46 0.46 0.98 1.00 0.45 2.43 4.0 3.0 43 17.6 22.2 15.0 Dry 98.2 29 7.7 10.8 0.46 1.15 0.69 0.98 1.00 0.68 1.75 6.0 5.0 43 17.6 22.2 18.7 Dry 98.2 29 7.7 10.8 1.15 1.62 0.46 0.98 1.00 0.46 1.29 8.0 7.0 43 17.6 22.2 15.9 Dry 98.2 29 7.7 10.8 1.62 1.92 0.30 0.98 1.00 0.30 0.99 10.0 9.0 57 20.4 28.8 20.0 Dry 95.1 41 11.6 15.0 2.84 3.25 0.41 0.95 1.00 0.39 0.60 12.0 11.0 57 20.4 28.8 20.0 Dry 95.1 41 11.6 15.0 3.25 3.55 0.30 0.95 1.00 0.29 0.3114.0 13.0 57 20.4 28.8 22.3 Dry 95.1 41 11.6 15.0 3.55 3.78 0.23 0.95 1.00 0.22 0.09 15.0 14.5 57 20.4 28.8 22.3 Dry 95.1 41 11.6 15.0 3.78 3.88 0.10 0.95 1.00 0.09 0.007.5 9.0 2.0 Dry 0.0 0.0 3.88 3.88 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.88 3.88 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-14 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/17/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------0.59 2.0 1.0 32 15.4 17.0 12.6 Dry 88.6 15 3.1 5.9 0.00 0.21 0.21 0.89 1.00 0.19 0.40 4.0 3.0 32 15.4 17.0 10.0 Dry 88.6 15 3.1 5.9 0.21 0.47 0.26 0.89 1.00 0.23 0.17 6.0 5.0 32 15.4 17.0 14.2 Dry 88.6 15 3.1 5.9 0.47 0.60 0.13 0.89 1.00 0.11 0.06 8.0 7.0 29 14.8 15.6 11.0 Dry 46.5 14 2.8 5.6 0.60 0.65 0.06 0.47 1.00 0.03 0.03 10.0 9.0 29 14.8 15.6 11.0 Dry 46.5 14 2.8 5.6 0.65 0.69 0.03 0.47 1.00 0.02 0.02 12.0 11.0 29 14.8 15.6 11.0 Dry 46.5 14 2.8 5.6 0.69 0.71 0.02 0.47 1.00 0.01 0.0114.0 13.0 29 14.8 15.6 10.4 Dry 46.5 14 2.8 5.6 0.71 0.73 0.02 0.47 1.00 0.01 0.00 15.0 14.5 29 14.8 15.6 10.4 Dry 46.5 14 2.8 5.6 0.73 0.73 0.00 0.47 1.00 0.00 0.007.5 9.0 2.0 Dry 0.0 0.0 0.73 0.73 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 0.73 0.73 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/23/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: For the Fill clayey sand layer up to 2 feet, LL and PI values of 32 and 15 were used. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-15(RW-2) PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------2.30 2.0 1.0 58 20.6 29.3 18.5 Dry 74.0 44 12.6 16.0 0.00 0.63 0.63 0.74 1.00 0.47 1.83 4.0 3.0 50 19.0 25.5 15.6 Dry 94.8 36 10.0 13.2 0.53 1.36 0.83 0.95 1.00 0.79 1.04 6.0 5.0 50 19.0 25.5 11.1 Dry 94.8 36 10.0 13.2 1.36 1.96 0.60 0.95 1.00 0.57 0.47 8.0 7.0 50 19.0 25.5 11.1 Dry 94.8 36 10.0 13.2 1.96 2.38 0.43 0.95 1.00 0.40 0.07 10.0 9.0 29 14.8 15.6 14.0 Dry 99.4 14 2.8 5.6 0.65 0.69 0.03 0.99 1.00 0.03 0.04 12.0 11.0 29 14.8 15.6 14.0 Dry 99.4 14 2.8 5.6 0.69 0.71 0.02 0.99 1.00 0.02 0.0214.0 13.0 29 14.8 15.6 14.0 Dry 99.4 14 2.8 5.6 0.71 0.73 0.02 0.99 1.00 0.02 0.00 15.0 14.5 29 14.8 15.6 14.0 Dry 99.4 14 2.8 5.6 0.73 0.73 0.00 0.99 1.00 0.00 0.007.5 9.0 2.0 Dry 0.0 0.0 0.73 0.73 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 0.73 0.73 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/23/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: For the Clayey Sand layer from 9 to 15 feet, LL and PI values of 29 and 14 were used. Percent moisture value of 14% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-16(RW-3) PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------3.29 2.0 1.0 50 19.0 25.5 19.0 Dry 97.4 35 9.6 12.9 0.00 0.53 0.53 0.97 1.00 0.51 2.77 4.0 3.0 50 19.0 25.5 19.0 Dry 97.4 35 9.6 12.9 0.53 1.36 0.83 0.97 1.00 0.81 1.96 6.0 5.0 50 19.0 25.5 19.0 Dry 97.4 35 9.6 12.9 1.36 1.96 0.60 0.97 1.00 0.58 1.38 8.0 7.0 54 19.8 27.4 19.0 Dry 99.1 39 10.9 14.3 2.12 2.61 0.49 0.99 1.00 0.48 0.90 10.0 9.0 54 19.8 27.4 19.0 Dry 99.1 39 10.9 14.3 2.61 2.97 0.36 0.99 1.00 0.35 0.55 12.0 11.0 54 19.8 27.4 19.0 Dry 99.1 39 10.9 14.3 2.97 3.23 0.26 0.99 1.00 0.26 0.2814.0 13.0 54 19.8 27.4 19.0 Dry 99.1 39 10.9 14.3 3.23 3.43 0.20 0.99 1.00 0.20 0.08 15.0 14.5 54 19.8 27.4 19.0 Dry 99.1 39 10.9 14.3 3.43 3.52 0.09 0.99 1.00 0.08 0.007.5 9.0 2.0 Dry 0.0 0.0 3.52 3.52 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.52 3.52 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Percent moisture value of 19% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-17 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/18/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------1.90 2.0 1.0 54 19.8 27.4 18.0 Dry 67.6 30 8.0 11.2 0.00 0.46 0.46 0.68 1.00 0.31 1.59 4.0 3.0 54 19.8 27.4 14.0 Dry 67.6 30 8.0 11.2 0.46 1.15 0.69 0.68 1.00 0.47 1.12 6.0 5.0 54 19.8 27.4 14.0 Dry 67.6 30 8.0 11.2 1.15 1.62 0.46 0.68 1.00 0.31 0.80 8.0 7.0 54 19.8 27.4 11.6 Dry 99.2 30 8.0 11.2 1.62 1.92 0.30 0.99 1.00 0.30 0.50 10.0 9.0 54 19.8 27.4 18.8 Dry 99.2 30 8.0 11.2 1.92 2.13 0.20 0.99 1.00 0.20 0.30 12.0 11.0 54 19.8 27.4 18.8 Dry 99.2 30 8.0 11.2 2.13 2.27 0.14 0.99 1.00 0.14 0.1614.0 13.0 54 19.8 27.4 19.5 Dry 99.2 30 8.0 11.2 2.27 2.38 0.11 0.99 1.00 0.11 0.05 15.0 14.5 54 19.8 27.4 19.5 Dry 99.2 30 8.0 11.2 2.38 2.43 0.05 0.99 1.00 0.05 0.007.5 9.0 2.0 Dry 0.0 0.0 2.43 2.43 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.43 2.43 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-18 For the Fat Clay layer below 7 feet, LL and PI values of 54 and 30 were used. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------3.91 2.0 1.0 56 20.2 28.3 20.0 Dry 88.0 38 10.6 13.9 0.00 0.56 0.56 0.88 1.00 0.49 3.42 4.0 3.0 56 20.2 28.3 20.4 Dry 88.0 38 10.6 13.9 0.56 1.46 0.90 0.88 1.00 0.79 2.63 6.0 5.0 56 20.2 28.3 20.0 Dry 88.0 38 10.6 13.9 1.46 2.12 0.66 0.88 1.00 0.59 2.04 8.0 7.0 64 21.8 32.1 20.0 Dry 91.8 46 13.2 16.7 2.70 3.41 0.71 0.92 1.00 0.65 1.39 10.0 9.0 64 21.8 32.1 22.4 Dry 91.8 46 13.2 16.7 3.41 3.97 0.56 0.92 1.00 0.52 0.88 12.0 11.0 64 21.8 32.1 21.8 Dry 91.8 46 13.2 16.7 3.97 4.42 0.45 0.92 1.00 0.41 0.4714.0 13.0 64 21.8 32.1 21.8 Dry 91.8 46 13.2 16.7 4.42 4.77 0.36 0.92 1.00 0.33 0.14 15.0 14.5 64 21.8 32.1 21.8 Dry 91.8 46 13.2 16.7 4.77 4.93 0.15 0.92 1.00 0.14 0.007.5 9.0 2.0 Dry 0.0 0.0 4.93 4.93 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 4.93 4.93 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/14/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Percent moisture value of 20% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-19 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 12/16/2019SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------3.66 2.0 1.0 33 15.6 17.5 15.0 Dry 92.0 16 3.5 6.3 0.00 0.21 0.21 0.92 1.00 0.19 3.47 4.0 3.0 61 21.2 30.7 22.0 Dry 92.0 46 13.2 16.7 0.67 1.80 1.13 0.92 1.00 1.04 2.43 6.0 5.0 61 21.2 30.7 22.0 Dry 92.0 46 13.2 16.7 1.80 2.70 0.90 0.92 1.00 0.83 1.60 8.0 7.0 61 21.2 30.7 14.4 Dry 92.0 46 13.2 16.7 2.70 3.41 0.71 0.92 1.00 0.65 0.95 10.0 9.0 61 21.2 30.7 14.4 Dry 92.0 46 13.2 16.7 3.41 3.97 0.56 0.92 1.00 0.52 0.43 12.0 11.0 54 19.8 27.4 20.3 Dry 92.0 35 9.6 12.9 2.69 2.91 0.22 0.92 1.00 0.21 0.2314.0 13.0 54 19.8 27.4 20.3 Dry 92.0 35 9.6 12.9 2.91 3.08 0.17 0.92 1.00 0.16 0.07 15.0 14.5 54 19.8 27.4 20.3 Dry 92.0 35 9.6 12.9 3.08 3.15 0.07 0.92 1.00 0.07 0.007.5 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 3.15 3.15 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/15/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: 01/29/2020SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St PROJECT MANAGER: SPECIAL PROVISION: GRADE: P-20 Percent moisture value of 15% was used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook 1 POTENTIAL VERTICAL RISE (PVR)Tx124.xls::41598.489861 TEX-124-E File Version: 11/20/13 11:45:24 SAMPLE ID: TEST NUMBER: SAMPLE STATUS: COUNTY:SAMPLED BY: SAMPLE LOCATION: MATERIAL CODE: MATERIAL NAME: PRODUCER: AREA ENGINEER: COURSE\LIFT:STATION:DIST. FROM CL: PVR Data BH Depth to Bottom of Layer [ft] Average Load [psi] Liquid Limit (LL) Dry 0.2LL+9 Wet 0.47LL+2 Percent Moisture Dry Avg Wet Percent -No.40 Plasticity Index (PI) Percent Volume Swell Percent Free Swell PVR [in] Top of Layer PVR [in] Bottom of Layer Differentia l Swell [in] Modified -No.40 Factor Modified Density Factor PVR in Layers [in] Total PVR [in] 0.0 0.0 ---------------3.24 2.0 1.0 27 14.4 14.7 14.0 Dry 92.0 11 1.8 4.6 0.00 0.15 0.15 0.92 1.00 0.14 3.09 4.0 3.0 60 21.0 30.2 21.0 Dry 92.0 45 12.9 16.4 0.63 1.68 1.05 0.92 1.00 0.97 2.13 6.0 5.0 60 21.0 30.2 15.9 Dry 92.0 45 12.9 16.4 1.68 2.50 0.82 0.92 1.00 0.75 1.38 8.0 7.0 60 21.0 30.2 14.1 Dry 92.0 45 12.9 16.4 2.50 3.12 0.63 0.92 1.00 0.58 0.80 10.0 9.0 60 21.0 30.2 14.1 Dry 92.0 45 12.9 16.4 3.12 3.61 0.48 0.92 1.00 0.45 0.35 12.0 11.0 50 19.0 25.5 14.1 Dry 92.0 33 9.0 12.2 2.41 2.59 0.18 0.92 1.00 0.17 0.1914.0 13.0 50 19.0 25.5 14.1 Dry 92.0 33 9.0 12.2 2.59 2.73 0.14 0.92 1.00 0.13 0.06 15.0 14.5 50 19.0 25.5 14.1 Dry 92.0 33 9.0 12.2 2.73 2.79 0.06 0.92 1.00 0.06 0.007.5 9.0 2.0 Dry 0.0 0.0 2.79 2.79 0.00 0.00 1.00 0.00 0.00 0.0 9.0 2.0 Dry 0.0 0.0 2.79 2.79 0.00 0.00 1.00 0.00 0.00 Note: PVR calculations are based on future pavement grade being the same as present grade. Bold numbers are interpolated and extrapolated values. Remarks:04/14/20 Test Method:Tested By:Tested Date: TX124 Test Stamp Code:Omit Test:Completed Date:Reviewed By: Locked By:TxDOT:District:Area: Authorized By:Authorized Date: Percent moisture values of 14% and 21% were used to simulate "Dry" conditions. Boring Number:Ground Elevation (z):Longitude (x):Latitude (y): SPECIAL PROVISION: GRADE: P-21 PROJECT MANAGER: Fields are final answers per layerFields are chart inputs Final Total PVR for the borehole Denton N. Bonnie Brae St 01/29/2020SAMPLED DATE: LETTING DATE: CONTROLLING CSJ: SPEC YEAR: SPEC ITEM: 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 DEPTH (ft) VS PVR (in) using Excel Refresh Workbook APPENDIX G CIP WALL GLOBAL STABILITY RUN ConcreteSandy Lean Clay (LT)Sandy Lean Clay (LT)Limestone1.53Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-15-10-50510152025Color Name Cohesion' Phi'ConcreteLimestoneSandy Lean Clay (LT)027Wall Dimensions:Total wall height (H): 6 ft (includes key thickness)Footing width (Fw): 5.66 ftToe width (Tw): 2.83 ftStem width (Sw): 1 ftHeel width (Hw): 1.83 ftFooting thickness (Ft): 1 ftKey thickness (Kt): 1 ftKey width (Kw): 1 ftBackslope: 4 H : 1 V Surcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-01Beginning Station: 44+13.59Ending Station: 45+83.86Analysis type: Long termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteSandy Lean Clay (ST) Sandy Lean Clay (ST) Limestone5.78Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-15-10-50510152025Color Name Cohesion' Phi'ConcreteLimestoneSandy Lean Clay (ST) 1,000 0Wall Dimensions:Total wall height (H): 6 ft (includes key thickness)Footing width (Fw): 5.66 ftToe width (Tw): 2.83 ftStem width (Sw): 1 ftHeel width (Hw): 1.83 ftFooting thickness (Ft): 1 ftKey thickness (Kt): 1 ftKey width (Kw): 1 ftBackslope: 4 H : 1 V Surcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-01Beginning Station: 44+13.59Ending Station: 45+83.86Analysis type: Short termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteLean Clay With Sand (LT)Limestone1.53Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-13-11-9-7-5-3-1135791113151719212325Color Name Cohesion' Phi'ConcreteLean Clay With Sand (LT)027LimestoneWall Dimensions:Total wall height (H): 8.5 ft (includes key thickness)Footing width (Fw): 6.34 ftToe width (Tw): 3.17 ftStem width (Sw): 1 ftHeel width (Hw): 2.17 ftFooting thickness (Ft): 1 ftKey thickness (Kt): 1.5 ftKey width (Kw): 1 ftBackslope: 20 H : 1 VSurcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-02Beginning Station: 102+93.09Ending Station: 105+85.64Analysis type: Long termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteLean Clay With Sand (ST)Limestone5.51Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-13-11-9-7-5-3-1135791113151719212325Color Name Cohesion' Phi'ConcreteLean Clay With Sand (ST)1,000 0LimestoneWall Dimensions:Total wall height (H): 8.5 ft (includes key thickness)Footing width (Fw): 6.34 ftToe width (Tw): 3.17 ftStem width (Sw): 1 ftHeel width (Hw): 2.17 ftFooting thickness (Ft): 1 ftKey thickness (Kt): 1.5 ftKey width (Kw): 1 ftBackslope: 20 H : 1 VSurcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-02Beginning Station: 102+93.09Ending Station: 105+85.64Analysis type: Short termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteFat Clay with Sand (LT)Clayey SandLean Clay (LT)1.51Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-15-10-50510152025Color Name Cohesion' Phi'Clayey Sand 0 27ConcreteFat Clay with Sand (LT)024Lean Clay (LT) 0 27Wall Dimensions:Total wall height (H): 6 ft (includes key thickness)Footing width (Fw): 5 ftToe width (Tw): 2.5 ftStem width (Sw): 1 ftHeel width (Hw): 1.5 ftFooting thickness (Ft): 1 ftKey thickness (Kt): 1 ftKey width (Kw): 1 ftBackslope: 20 H : 1 VSurcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-03Beginning Station: 109+38.47Ending Station: 111+85.32Analysis type: Long termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteFat Clay with Sand (ST)Clayey SandLean Clay (ST)5.04Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-15-10-50510152025Color Name Cohesion' Phi'Clayey Sand 0 27ConcreteFat Clay with Sand (ST)1,000 0Lean Clay (ST) 1,000 0Wall Dimensions:Total wall height (H): 6 ft (includes key thickness)Footing width (Fw): 5 ftToe width (Tw): 2.5 ftStem width (Sw): 1 ftHeel width (Hw): 1.5 ftFooting thickness (Ft): 1 ftKey thickness (Kt): 1 ftKey width (Kw): 1 ftBackslope: 20 H : 1 VSurcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-03Beginning Station: 109+38.47Ending Station: 111+85.32Analysis type: Short termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteFat Clay (LT)1.56Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-16-14-12-10-8-6-4-202468101214161820Color Name Cohesion' Phi'ConcreteFat Clay (LT) 0 24Wall Dimensions:Total wall height (H): 3.33 ft (includes key thickness)Footing width (Fw): 1 ftToe width (Tw): 3 inStem width (Sw): 8 inHeel width (Hw): 1 inFooting thickness (Ft): 1.5 ftBackslope: 25 H : 1 VSurcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-04Beginning Station: Survey information not availableEnding Station: Survey information not availableAnalysis type: Long termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 ConcreteFat Clay (ST)9.17Distance (feet)-30 -20 -10 0 10 20 30 40 50 60Height (feet)-16-14-12-10-8-6-4-202468101214161820Color Name Cohesion' Phi'ConcreteFat Clay (ST) 1,000 0Wall Dimensions:Total wall height (H): 3.33 ft (includes key thickness)Footing width (Fw): 1 ftToe width (Tw): 3 inStem width (Sw): 8 inHeel width (Hw): 1 inFooting thickness (Ft): 1.5 ftBackslope: 25 H : 1 VSurcharge: 250 psf Project Name: Bonnie Brae Phase 6Retaining Wall: RW-04Beginning Station: Survey information not availableEnding Station: Survey information not availableAnalysis type: Short termCalculated by: Ferdous AshrafiDate: 04/21/20Checked by: Saif Bin SalahDate: 04/22/20 APPENDIX H SIDE SLOPE GLOBAL STABILITY RUN 1.56Distance (feet)-20 -10 0 10 20 30 40 50 60 70 80 90 100Height (feet)-35-30-25-20-15-10-5051015202530Color Name Cohesion' Phi'Fat Clay (CH) 0 23Stone Riprap 0 42Project Name: Bonnie Brae Phase 6Structure: Side SlopeCalculated by: Saif Bin SalahDate: 05/12/20Checked by: Robert LawrenceDate: 05/13/20Maximum Slope Height: 2.5 ftSlope: 3H : 1VStone Riprap Thickness in Slope: 18 inRiprap Key dimensions: 18 in x 18 inSurcahrge: 250 psf 1.53Distance (feet)-20 -10 0 10 20 30 40 50 60 70 80 90 100Height (feet)-35-30-25-20-15-10-5051015202530Color Name Cohesion' Phi'Fat Clay (CH) 0 23Stone Riprap 0 42Project Name: Bonnie Brae Phase 6Structure: Side SlopeCalculated by: Saif Bin SalahDate: 04/22/20Checked by: Robert LawrenceDate: 04/23/20Maximum Slope Height: 5 ftSlope: 3H : 1VStone Riprap Thickness in Slope: 24 inRiprap Key dimensions: 24 in x 24 inSurcahrge: 250 psf 1.50Distance (feet)-60-50-40-30-20-100 102030405060708090100Height (feet)-35-30-25-20-15-10-5051015202530Color Name Cohesion' Phi'Fat Clay (CH) 0 23Stone Riprap 0 42Project Name: Bonnie Brae Phase 6Structure: Side SlopeCalculated by: Saif Bin SalahDate: 04/22/20Checked by: Robert LawrenceDate: 04/23/20Maximum Slope Height: 10 ftSlope: 3H : 1VStop Riprap Thickness in Slope: 36 inRiprap Key Dimensions: 48 in x 48 inSurcahrge: 250 psf 1.52Distance (feet)-40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120Height (feet)-35-30-25-20-15-10-5051015202530Color Name Cohesion' Phi'Fat Clay (CH) 0 23Stone Riprap 0 42Project Name: Bonnie Brae Phase 6Structure: Side SlopeCalculated by: Saif Bin SalahDate: 04/22/20Checked by: Robert LawrenceDate: 04/23/20Maximum Slope Height: 15 ftSlope: 3H : 1Stone Riprap Thickness in Slope: 48 inRiprap Key Dimensions: 108 in x 108 inSurcahrge: 250 psf