Request for Bids (RFB) For

CONSTRUCTION OF PRESIDENT GEORGE BUSH TURNPIKE WIDENING FROM NORTH OF BELT LINE ROAD TO IH-35E

Solicitation Number: 04402-PGB-00-CN-PD

Date Issued March 22, 2019 Date Revised Pre-Bid Conference April 5, 2019 at 3:00 p.m. CT 5900 West Plano Parkway Plano, Texas 75093 NTTA Board Room Bid Question Deadline April 12, 2019 at 5:00 p.m. CT Submit Questions via www.nttamarketplace.org Bid Due Date April 18, 2019 at 3:00 p.m. CT

Solicitation Contact Person Reginald Valentine, Senior Buyer [email protected] Contract Term 27 months

Project Description: Construction of 4th lane inside widening on the President George Bush Turnpike, including grading, drainage, concrete pavement, ITS, pavement markings, signing, and safety enhancements.

NIGP Code(s) 23 D/M/WBE Goal % 913-27 913-45 913-56 801-87 750-30 968-77

2014 Specifications DOC_001A_Rev_0 Revised: August 2018

This Proposal for Construction has been formatted for double- sided printing with insertion of blank pages

PROPOSAL FOR CONSTRUCTION OF CONSTRUCTION OF 4TH LANE INSIDE WIDENING INCLUDING GRADING, DRAINAGE, CONCRETE PAVEMENT, ITS, PAVEMENT MARKINGS, SIGNING,

AND SAFETY ENHANCEMENTS

FROM: North of Belt Line Road TO: IH-35E

SEGMENT: IV and V

CONTRACT: 04402-PGB-00-CN-PD

FOR THE PRESIDENT GEORGE BUSH TURNPIKE

NORTH TEXAS TOLLWAY AUTHORITY

This Proposal for Construction has been formatted for double- sided printing with insertion of blank pages Contract No.: 04402-PGB-00-CN-PD

TABLE OF CONTENTS

Document Document Page to Be to Be Submitted Submitted at Bid after Opening Award 1. Contractor Information Sheet 1 2. Prequalification Requirements 3 3. Proposal 5 4. Bid Bond 11 5. Total Bid Amount 13 6. Certification of Interest in Other Bid Proposals 15 for This Work 7. Affidavit - Conflict of Interest 17 8. Affidavit - Anti-Collusion 21 9. Certification of Debarment 23 10. Disadvantaged, Minority, Women-Owned, and 25 Small Business Enterprises Program 11. Commitment Agreement Forms For All 29 Subcontractors (Form 4906) 12. Subcontractor Final Report (Form 4908) 31 13. Escrow of Bid Documents 33 14. Example of Bid Prices Submitted By 37 Computer Printout 15. Unit Description and Bid Price Schedule 39 16. Engineer’s Seal 79 17. Index of Governing Specifications, Special 81 Provisions, and Special Specifications 18. SP-000.01.0, Certificate of Interested Parties 85 (Form 1295) 19. SP-000.02.2, R.O.W. & Utility Relocations by 87 Others 20. SP-000.03.5, Mandatory Construction 91 Schedule 21. SP-000.04.1, Sales and Use Tax Exemption 93 22. SP-000.05.1, Existing Utilities 95

Revised: May 2017 DOC001C_Rev_3 1 of 4 TABLE OF CONTENTS 04402-PGB-00-CN-PD (Continue)

Document Document Page to Be to Be Submitted Submitted at Bid after Opening Award 23. SP-000.08.1, Special Labor Provisions for 97 State Construction Projects 24. SP-000.17.1, Value Engineering Proposals 103 25. SP-000.19.2, NTTA Enterprise Project 105 Delivery System 26. SP-000.20.5, NTTA Business Diversity Prism 109 Contract Compliance Tracking Software 27. SP-001.07, Abbreviations and Definitions 111 28. SP-002.07, Instructions to Bidders 115 29. SP-003.07, Award and Execution of Contract 119 30. SP-003.INS.0, Award and Execution of 125 Contract 31. SP-004.03, Scope of Work 131 32. SP-005.03, Control of the Work 133 33. SP-006.04, Control of Materials 137 34. SP-007.17, Legal Relations and 141 Responsibilities 35. SP-008.13, Prosecution and Progress 151 36. SP-009.05, Measurement and Payment 167 37. SP-100.01, Preparing Right of Way 171 38. SP-132-002, Embankment 173 39. SP-161.02, Compost 175 40. SP-162.00, Sodding for Erosion Control 177 41. SP-300-015, Asphalts, Oils, and Emulsions 179 42. SP-341-001, Dense-Graded Hot-Mix Asphalt 183 43. SP-416.02, Drilled Shaft Foundations 185 44. SP-421-002, Hydraulic Cement Concrete 187 45. SP-427.01, Surface Finishes for Concrete 191 46. SP-506.00, Temporary Erosion, 193 Sedimentation, and Environmental Controls

Revised: May 2017 DOC001_Rev_3 2 of 4 TABLE OF CONTENTS 04402-PGB-00-CN-PD (Continue)

Document Document Page to Be to Be Submitted Submitted at Bid after Opening Award 47. SP-636.00, Signs 195 48. SP-636-001, Signs 197 49. SP-643-001, Sign Identification Decal 199 50. SP-647.00, Large Roadside Sign Supports 201 and Assemblies 51. SP-658.02, Delineator and Object Marker 203 Assemblies 52. SP-662.01, Work Zone Pavement Markings 205 53. SP-666-007, Retroreflectorized Pavement 207 Markings 54. SP-666.01, Retroreflectorized Pavement 209 Markings 55. SP-668.01, Prefabricated Pavement Markings 211 56. SP-672.01, Raised Pavement Markings 213 57. SP-677.01, Eliminating Existing Pavement 215 Markings and Markers 58. SP-678.01, Pavement Surface Preparation 217 Markings 59. SS-832.01, Coating Surface Finishes for New 219 Concrete 60. SS-850.03, Gray Concrete Color and Finish 223 61. SP-856.02, Moisture Treated Subgrade (MTS) 231 62. SS-857.02, Stabilized Subgrade 235 63. SS-860.01, Multi-Duct Conduit System 243 64. SS-865.01, CCTV Camera Pole Structure 249 65. SS-3004, Diamond Grinding and Grooving 251 Pavement 66. SP-3004.01, Diamond Grinding and Grooving 253 Pavement 67. SS-6001, Portable Changeable Message Sign 255 68. SS-6007, Intelligent Transportation System 257 (ITS) Fiber Optic Cable

Revised: May 2017 DOC001_Rev_3 3 of 4 TABLE OF CONTENTS 04402-PGB-00-CN-PD (Continue)

Document Document Page to Be to Be Submitted Submitted at Bid after Opening Award 69. SS-6019, Longitudinal Prefabricated 271 Pavement Markings (PPM) with Warranty 70. SS-6291, Mobile Retroreflectivity Data 277 Collection for Pavement Markings 71. SS-6088, Camera Pole Structure 281 72. SS-6148, Inverted Profile Pavement Marking 283 (Audible) 73. SS-6186, Intelligent Transportation System 289 (ITS) Ground Box 74. Payment Bond 295 75. Performance Bond 297 76. Warranty Bond 299 77. Contract 301 78. Certificate of Liability Insurance [to be inserted at contract execution]

Revised: May 2017 DOC001_Rev_3 4 of 4 NORTH TEXAS TOLLWAY AUTHORITY CONTRACTOR INFORMATION SHEET

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike Segment: IV & V Project: Construction of 4TH Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements.

Please Print or Type

Bidder Name:

Delivery Address:

City/State/Zip:

Mailing Address:

City/State/Zip:

Contact for this bid (Required for post-bid notifications, award notice, contracts, etc.)

Name:

Phone Number:

E-mail Address:

2014 Specifications DOC_002A 1 of 2 Revised: Apr. 2017 1

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2014 Specifications DOC_002A 2 of 2 Revised: Apr. 2017 2 March, 2019

NORTH TEXAS TOLLWAY AUTHORITY NOTICE TO THE BIDDERS "PREQUALIFICATION REQUIREMENTS"

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segments: IV & V County: Dallas

The checked box below indicates the type of qualification requirements for this project:

FULL PREQUALIFICATION

NTTA APPLICATION FOR QUALIFICATION (AFQ)

BIDDER’S QUESTIONNAIRE

NO PREQUALIFICATION REQUIREMENTS

Qualification statements must be on file with TxDOT at least ten (10) days prior to the date of the bid opening. NTTA AFQs are due on or before the bid opening at NTTA’s general administrative offices.

FULL PREQUALIFICATION Bidder must be a Prequalified Contractor under “Confidential Questionnaire” with the Texas Department of Transportation.

NTTA APPLICATION FOR QUALIFICATION (AFQ) Bidder must complete a NTTA AFQ and submit per the requirements of NTTA Special Provision 000.25.1, “Qualification Requirements.”

BIDDER’S QUESTIONNAIRE Bidder must be a Prequalified Contractor under “Bidder’s Questionnaire” with the Texas Department of Transportation. Any Bidder meeting the requirements of “Full Prequalification” automatically meets this requirement.

NO PREQUALIFICATION REQUIREMENTS There are no prequalification requirements.

2014 Specifications1 of 1 Revised: Feb. 2019 DOC002B.3 3

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4 Contract No.: 04402-PGB-00-CN-PD County: Dallas March, 2019

PROPOSAL TO THE NORTH TEXAS TOLLWAY AUTHORITY FOR THE CONSTRUCTION OF 4TH LANE INSIDE WIDENING INCLUDING GRADING, DRAINAGE, CONCRETE PAVEMENT, ITS, PAVEMENT MARKINGS, SIGNING, AND SAFETY ENHANCEMENTS

FOR THE PRESIDENT GEORGE BUSH TURNPIKE

A TURNPIKE PROJECT OF THE

NORTH TEXAS TOLLWAY AUTHORITY SYSTEM

From: North of Belt Line Road To: IH-35E Segments: IV and V

The terms “bidder”, “Contractor”, “NTTA”, “Proposal”, “Contract”, “Payment Bond”, “Performance Bond”, “Warranty Bond”, “Work”, “Project”, “Substantial Completion”, “Final Completion”, “Special Provisions”, “Special Specifications”, “General Notes and Specification Data”, “Standard Specifications”, “Standard Specifications”, “Letting Official”, and other terms used herein or elsewhere in the Contract Documents that are defined in Item 1 of the Standard Specifications, as amended by Special Provision to Item 1, “Definition of Terms”; which is set forth below in this Contract, shall have the meanings indicated in said Item 1, as amended by said Special Provision to Item 1.

The undersigned, as bidder, certifies that the only person or parties having an interest in this proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm or corporation; that none of the persons or parties having an interest in this proposal has any connection, official or otherwise, with NTTA, its agents, directors, employees, consultants or fiduciaries; that in submitting this proposal it is not acting as agent for

2014 Specifications 1 of 6 Revised: 02-17 DOC_003.5 5 04402-PGB-00-CN-PD PROPOSAL (Continue)

any agent, director, employee, consultant or fiduciary of NTTA; that it has carefully examined the form of the contract attached hereto, the forms of payment bond, performance bond, and warranty bond attached hereto, the Standard Specification, the General Notes and Specification Data attached hereto, the Special Provisions attached hereto, the Special Specifications attached hereto, the forms of Disclosure, Statement, Certification, Contractor’s Assurance, Affidavit, and similar provisions attached hereto, and all addenda thereto, together with the conditions of this proposal; and that it has carefully examined the location for the work and the conditions, classes and availability of materials for the work and agrees that it will provide all the necessary labor, machinery, tools, supplies, equipment, transportation and other facilities, apparatuses, and other means of construction and will do all the work and furnish all the materials called for in the contract, in the manner prescribed therein and according to the requirements of the Executive Director of NTTA and shall perform all other obligations imposed by the contract, for the prices named in the Unit Description and Bid Price Schedule attached hereto.

It is understood that the quantities of Work to be done and materials to be furnished as shown in this Proposal are approximate only, and are intended principally to serve as a guide in preparing bids.

It shall be the duty of each bidder to ensure that its proposal is delivered to the proper place and by the proper time prescribed herein.

It is further agreed that the quantities of Work to be done and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the Engineer to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth in this proposal, except as may be otherwise expressly provided for in the General Notes and Specification Data, the Special Specifications, and the Standard Specifications.

2014 Specifications 2 of 6 Revised: 02-17 DOC_003.5 6 04402-PGB-00-CN-PD PROPOSAL (Continue)

The Work to be performed under this Contract shall reach “substantial completion and final completion in accordance with the schedule set forth in the Special Provision SP- 000.03.05, “Important Notice to Contractors - Mandatory Construction Schedule,”

Accompanying this Proposal is a Proposal Guaranty in the form of a cashier's check, or teller’s check (as such terms are defined in Section 3.104 of the Texas Business and Commerce Code), or a bank money order, or a bid bond for One Hundred Thousand AND NO/100 DOLLARS ($100,000.00). A Proposal Guaranty in the form of a cashier's check, teller’s check, or bank money order shall in all cases be issued by and drawn on a State or National Bank, or a State or National Savings and Loan Association, or a State or Federally Chartered Credit Union, or a State or Federal Savings Bank, payable to the order of NTTA. A Proposal Guaranty in the form of a bid bond must be on the bid bond form provided by NTTA, have powers of attorney attached, bear the impressed seal of the surety, and be signed by the bidder and an authorized individual of the surety. A bid bond will be accepted only from a surety authorized to execute the bond under and in accordance with state law.

The Proposal Guaranty Check accompanying this Proposal shall be returned to bidder except the apparent low bidder and second low bidder. Bid bonds will be retained by the NTTA, unless upon the acceptance of the proposal, the bidder fails to meet a specified goal or fails to execute and file the Contract, in which case the Proposal Guaranty shall become the property of NTTA and shall be considered as NTTA's remedy and relief, and as liquidated damages, for damages due to delay and other inconveniences suffered by NTTA on account of the bidder’s failure to execute and deliver the contract, bonds, acceptable evidence of insurance, Subcontractor information, and any other required information specified below in the Contract.

Acceptance of this proposal by NTTA shall be made in writing and shall be deemed effective as of the date that notice of NTTA's acceptance is deposited in the United States mail, postage prepaid, addressed to the bidder at the address set forth below. It is understood that NTTA reserves the right to reject any or all bids.

In the event that this Proposal is accepted by NTTA, the bidder shall procure payment and performance bonds if required by the contract for the full amount of the contract so as to 2014 Specifications 3 of 6 Revised: 02-17 DOC_003.5 7 04402-PGB-00-CN-PD PROPOSAL (Continue)

secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until NTTA makes final payment of the full amount earned by the Contractor pursuant to Article 9.8 of Special Provision to Item 9, “Measurement and Payment,” and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract.

The bidder shall procure a warranty bond in the amount of twenty five percent (25%) of the value shown in the Total Bid Amount for a period of two (2) years to insure and guarantee the repair and/or replacement of any items furnished by the Contractor in this contract discovered to be defective in materials and/or workmanship following the date of final acceptance.

The Work shall be accepted when fully completed in a good and workmanlike manner and finished to the entire satisfaction of NTTA.

The undersigned, under penalty of perjury under the laws of the State of Texas, (a) certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final and (b) affirms the truth and accuracy of the certifications contained herein and made by signing this proposal.

The Project is a portion of controlled access toll project, and delay in completion of the work will cause disruption in the operation of currently constructed or planned portions of the project and will cause losses to NTTA, including, but not limited to, lost revenue, additional interest on monies borrowed, increased administrative, legal and engineering costs, and other tangible and intangible losses.

The liquidated damages, if any, set forth in the Special Provision SP-000.03.5, Important Notice to Contractors - “Mandatory Construction Schedule” are to partially cover such losses and expenses. The Contractor unconditionally and irrevocably acknowledges and agrees that the actual amount of said losses and expenses would be extremely difficult to determine and that the specified liquidated damages (if any) constitute a fair and reasonable estimate by the parties of the amount of said losses and expenses and in no event shall constitute or be construed as a penalty. Further, the Contractor irrevocably and unconditionally acknowledges 2014 Specifications 4 of 6 Revised: 02-17 DOC_003.5 8 04402-PGB-00-CN-PD PROPOSAL (Continue)

that the time limits set forth the Special Provision SP-000.03, Important Notice to Contractors - “Mandatory Construction Schedule” constitute an essential benefit for NTTA and an essential element of the contract. NTTA shall recover said liquidated damages (if any) by deducting the amount thereof from any monies due or that may become due the Contractor, and if said monies are insufficient to cover said damages, then the Contractor or its Surety shall pay the amount due and NTTA shall be entitled to any and all rights and remedies available to it in law or equity to recover same.

By submitting a Proposal, the bidder agrees to comply with NTTA’s Disadvantaged, Minority, Women-Owned and Small Business Enterprises Policy (Diversity Policy), Revolving Door Policy, and Vendor Policing of Employee Ethics. Without limiting its obligations stipulated by the Diversity Policy, the bidder awarded the Contract expressly agrees to make good-faith efforts to achieve NTTA's D/M/WBE contract-specific goal defined in this bid document, provide documentation demonstrating those efforts, report any changes in D/M/W/SBE firms providing services, and make good-faith efforts to replace D/M/W/SBE firms unable to perform with other D/M/W/SBE firms at comparable levels of participation. Failure or refusal to comply with the applicable Diversity Policy requirements shall constitute a material breach of Contract.

2014 Specifications 5 of 6 Revised: 02-17 DOC_003.5 9 04402-PGB-00-CN-PD PROPOSAL (Continue)

Bidder: The Bidder’s Name: *Note: Signatures must comply with *Signed: Article 2.9.1. of the Standard Specifications. Address

Address

Please return the proposal guaranty to: Name

Address

Address

2014 Specifications 6 of 6 Revised: 02-17 DOC_003.5 10 04402-PGB-00-CN-PD NORTH TEXAS TOLLWAY AUTHORITY BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, That we, (Bidder Name) hereinafter referred to as “Principal,” and (Surety Name) , a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the North Texas Tollway Authority, a political subdivision of the State of Texas, hereinafter referred to as “NTTA”, in the sum of and No/100 Dollars ($ .00), the payment of which sum will be well and truly, made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a Proposal to perform work for the following project of NTTA, identified as: Construction of 4th Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements. CONTRACT NO. (04402-PGB-00-CN-PD).

NOW, THEREFORE, if NTTA shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with NTTA in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such Proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the Proposal, this Bond shall become the property of the NTTA, without recourse of the Principal and/or Surety, not as a penalty but as liquidated damages.

Signed this day of , 20

By: (Principal Name)

(Signature and Title of Principal)

*By: (Surety Name)

(Signature of Attorney-in-Fact) Impressed Surety Seal Only *Attach Power of Attorney (Surety) for Attorney-in-Fact

2014 Specifications 1 of 1 Revised: Feb. 2017 DOC004.1 11 This page intentionally left blank

12 March, 2019

NORTH TEXAS TOLLWAY AUTHORITY NOTICE TO THE BIDDER “TOTAL BID AMOUNT”

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segment: IV and V County: Dallas

In the space provided below, please enter your total bid amount for this project. Only this figure will be read publicly by the North Texas Tollway Authority (NTTA) at the bid opening.

It is understood and agreed by the bidder in signing this proposal that the total bid amount entered below is not binding on either the bidder or NTTA. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this Proposal and then totaling all of the extended amounts.

$______Total Bid Amount

2014 Specifications 1 of 1 Revised: Feb. 2017 DOC005.1 13 This page intentionally left blank

14 March, 2019

NORTH TEXAS TOLLWAY AUTHORITY CERTIFICATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segment: IV and V County: Dallas

By signing this proposal, the bidder and the signer each certifies that the following information is true, accurate, and complete.

A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration by performing a portion of this work.

Yes

No

B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract.

1. Identify firm which bid as a prime contractor and from which the bidder received quotations for work on this project.

2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project.

2014 Specifications 1 of 1 Revised: Feb. 2017 DOC006.1 15 This page intentionally left blank

16 NORTH TEXAS TOLLWAY AUTHORITY AFFIDAVIT - CONFLICT OF INTEREST

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike Segment: IV & V Project: Construction of 4TH Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements.

Each bidder, offeror, or respondent (hereinafter also referred to as “you”) to an NTTA (also referred to as “Authority”) procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) below pursuant to state law and Section 4 of the NTTA Procurement Policy. The statement below is required by NTTA policies. Accordingly, you are advised of the following:

A member of the Board, an employee, or agent of the Authority may not accept or solicit any gift, favor, or service that might reasonably tend to influence that Board member, employee, or agent in the making of procurement decisions or that the Board member, employee, or agent knows or should have known is being offered with the intent to influence the Board member's, employee's, or agent's making of procurement decisions; or accept other compensation that could reasonably be expected to impair the Board member's, employee's, or agent's independence of judgment in the making of procurement decisions.

No bidder, offeror, or respondent shall offer any interest, gift, favor, service, or compensation described in the preceding sentence, and any such offer may disqualify the bidder, offeror, or respondent from consideration for the applicable procurement.

A bidder, offeror, or respondent shall be required to complete a Conflict of Interest Questionnaire for each local governmental officer disclosing any business or familial relationships with Board members, employees, or agents of the Authority. Such relationship may disqualify the bidder, offeror, or respondent from consideration for the applicable procurement.

If applicable, please describe below any business or familial relationship that your officers, employees, agents, or board members may have with a board member, employee, or agent of the Authority:

Signature

Title 2014 Specifications 1 of 2 Revised: Feb. 2017 DOC007.1 17 This page intentionally left blank

18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received 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 governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 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 is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

7

Signature of vendor doing business with the governmental entity Date

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20 NORTH TEXAS TOLLWAY AUTHORITY AFFIDAVIT - ANTI-COLLUSION

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segment: IV and V Project: Construction of 4th Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements

IN THE STATE OF § § COUNTY OF §

Before me, the undersigned authority, on this day personally appeared ______who, in my presence, duly sworn and upon oath says: that ___ is duly qualified and authorized to make this affidavit for and on behalf of ______(“Contractor”), of ______County, ____ and is fully cognizant and has personal knowledge of the facts herein set out; that Contractor has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of unbiased evaluation and selection of Contractor in connection with the contract for the above-referenced contract. ______Signature

______Name

______Title

SWORN TO AND SUBSCRIBED BEFORE ME by the said ______, this ______day ______, 20___, to certify which witness my hand and seal of office.

[SEAL] ______Notary Public in and for

My Commission Expires: ______

______Please Print Name of Notary

2014 Specifications 1 of 1 Revised: Feb. 2017 DOC008.1 21 This page intentionally left blank

22 March, 2019

NORTH TEXAS TOLLWAY AUTHORITY “CERTIFICATION OF DEBARMENT”

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segment: IV and V Project: Construction of 4th Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements

The bidder 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 covered transactions by any Federal Department, State, or the North Texas Tollway Authority (NTTA); 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 transaction or contract under a public transaction; violation of Federal, State, or NTTA antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity such as Federal, State, or NTTA with commission of any of the offenses enumerated in paragraph (2) of this certification; and, 4. Have not within a three-year period preceding this application/proposal had one or more public transactions terminated for cause or default.

Signature of Certifying Bidder

Title

Date

2014 Specifications 1 - 1 Revised: Feb. 2017 DOC009.1 23 This page intentionally left blank

24

NORTH TEXAS TOLLWAY AUTHORITY BUSINESS DIVERSITY PROGRAM “DISADVANTAGED, MINORITY, WOMEN-OWNED, AND SMALL BUSINESS ENTERPRISE PROGRAM”

Professional Services, Consulting and Goods/Services Contracts, and Special Provision for Construction and Maintenance related projects

1. General The North Texas Tollway Authority (NTTA) is committed to providing contracting opportunities for disadvantaged, minority, women-owned, and small business enterprises (D/M/WBE). In this regard, NTTA maintains DBE, M/WBE, and SBE programs in order to facilitate contracting opportunities for these businesses.

The programs are implemented in accordance with the NTTA’s Disadvantage, Minority, Women-Owned and Small Business Enterprises Policy (Diversity Policy), originally adopted by the NTTA Board of Directors under Resolution No. 10-19 on January 20, 2010, and any revisions thereafter.

The following document outlines:

• Criteria regarding commercially useful function • Factors to determine good faith efforts • Contractor responsibilities • Monthly reporting and compliance requirements • Noncompliance enforcement

The Business Diversity Department Contracting and Compliance Manual (CCM) outlines the procedures, provisions and compliance requirements to support and comply with NTTA’s Diversity Policy. The CCM is approved and incorporated into the contract by reference for all purposes by NTTA.

The CCM and the Diversity Policy may be obtained online at the NTTA website at https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx or by contacting the Business Diversity Department at (214) 461-2007.

2. Commercially useful function criteria A commercially useful function (CUF) is when the D/M/WBE is responsible for the performance, management and supervision of a distinct element of work, in accordance with normal industry practice. The criteria utilized to determine a commercially useful function is set forth in the CCM (page 18).

3. Factors to determine good faith efforts All prime contractors are required to demonstrate a good faith effort toward achieving a D/M/WBE goal. A good faith effort can be demonstrated by actions which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to, either individually or collectively, achieve the goal.

2014 Specifications 1 - 4 [RFB_Version 4] Revised: Feb. 2019 [Rev. 11.16.18] DOC010.1 25

If a prime contractor does not meet the designated goal, it shall nevertheless be eligible for award of the contract if it can demonstrate to NTTA that it has made a good faith effort to meet the goal. The factors that determine if a good faith effort has been met are set forth in the CCM (page 23).

4. Contractor’s responsibilities All responding firms, including D/M/WBE certified firms, must submit documentation regarding all subcontractor utilization and how they will meet or exceed the established goal using certified D/M/WBE firms for this project on the Commitment Agreement Form (Form 4906) provided.

Commitment Agreement Form (Form 4906), good faith effort documentation, and supporting information must be submitted to the Business Diversity Department for all contracting opportunities in accordance to the CCM. Form 4906 must be submitted to NTTA with the Bid.

Information for construction and maintenance related projects

For all construction and maintenance related projects, Form 4906 must be submitted to NTTA no later than 5:00 pm on the 14th day after written notification of the conditional award of the contract.

Additional questions and/or clarification can be obtained by contacting the Director of Business Diversity at [email protected]. Please copy the Procurement Services Department at [email protected] on all correspondence. Form 4906 must include a brief description of the type of work to be performed and the dollar value or percentage of utilization of work that will be assigned to the subcontractors, including D/M/WBEs, and must be signed by both the prime contractor and subcontractor.

All compliance forms may be obtained online at the NTTA website at https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx

5. Monthly reporting and compliance requirements NTTA PRISM contract compliance software (NTTA PRISM system) is NTTA’s web-based computer system that tracks the monthly subcontractor payment reporting for NTTA contracts. NTTA PRISM system has been fully implemented and replaces the manual subcontractor payment reporting with a more efficient online reporting process.

Prime contractors are required to submit their information into the business diversity contract compliance tracking system by the 15th of each month. Prime contractors will have a designated User ID & password to login to the contract compliance tracking system via the following link http://ntta.prismcompliance.com

6. Noncompliance enforcement All participants of the D/M/WBE business process must comply with the requirements set forth in the Diversity Policy and are subject to noncompliance enforcement as set forth in the Non- Compliance Enforcement section of the CCM.

2014 Specifications 2 - 4 [RFB_Version 4] Revised: Feb. 2019 [Rev. 11.16.18] DOC010.1 26

NORTH TEXAS TOLLWAY AUTHORITY “D/M/WBE GOAL”

Contract No: 04402-PGB-00-CN-PD Project: Construction of 4th Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements along President George Bush Turnpike from North of Belt Line Road to IH-35E

The following goal is established for DBE, MBE, and WBE subcontractor participation:

DBE % of total contract amount

M/WBE % of total contract amount

Total D/M/WBE Goal 23 % of total contract amount

Pursuant to NTTA’s Disadvantaged, Minority, Women-Owned and Small Business Enterprises Policy, and as outlined in the “Business Diversity Department Contractors Compliance Handbook”, SBE utilization will continue to be tracked, reported, and monitored in its procurements. However, SBE participation will be counted independent of D/M/WBE participation goal and tracked separately. Women-owned minority firms certified as WBEs will count towards NTTA’s MBE participation. Minority firms certified as DBEs will count towards NTTA’s DBE participation.

DBE = Disadvantaged Business Enterprise MBE = Minority Business Enterprise WBE = Women-Owned Business Enterprise SBE = Small Business Enterprise

The purpose of the Business Diversity Department (BDD) is to strengthen the North Texas Tollway Authority (NTTA) through the inclusion of Disadvantaged, Minority, Women-Owned, and Small Business Enterprises (D/M/W/SBEs) in the procurement of goods and services. The four major focus areas of the BDD include: • Expanding outreach efforts and marketing initiatives • Aligning policies and procedures with the current business environment and industry best practices • Streamlining compliance and reporting processes • Building capacity of qualified D/M/W/SBEs

2014 Specifications 3 - 4 [RFB_Version 4] Revised: Feb. 2019 [Rev. 11.16.18] DOC010.1 27

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Added page for double sided printing 32 04402-PGB-00-CN-PD

North Texas Tollway Authority Important Notice to Bidders Escrow of Bid Documents 1. ESCROW OF BID DOCUMENTS

Within 5 business days after a bidder is notified that it is the apparent lowest responsible bidder, that bidder shall deliver to NTTA one (1) copy of all information in documentary form generated or utilized in the preparation of its proposal. This material shall hereinafter be referred to as “escrowed bid documents.” Submission of the escrowed bid documents as provided in this Notice is a condition to the award of the contract.

2. PURPOSE

The escrowed bid documents will be used to assist in the settlement of disputes, claims, and other controversies with the Contractor, and, if determined to be appropriate by NTTA, in connection with price adjustments and change orders. By executing the contract, the bidder warrants that the escrowed bid documents constitute all of the information used in preparation of its proposal, and that no other bid preparation information may be utilized by the bidder in resolving disputes or for any other purpose in connection with the contract. Nothing in the escrowed bid documents (nor NTTA’s review thereof) shall alter or modify the contract, nor be considered a part thereof.

3. FORMAT AND CONTENTS The escrowed bid documents must be in form and content adequate to enable complete understanding and proper interpretation of the bases of the bidder’s proposal. To achieve that purpose, the escrowed bid documents must clearly itemize the estimated costs of performing the Work for each bid item contained in the proposal. All costs shall be identified. Bid items should be separated into sub-items as required to present a complete and detailed cost estimate and allow a detailed cost review. By way of example only, and not limitation, the escrowed bid documents shall include the following: all quantity takeoffs, crew, equipment, calculations of rates of production and progress, copies of quotations from subcontractors and suppliers, and memoranda, narratives, consultants’ reports, add/deduct sheets, costs of insurance and bonds, and all other information used by the bidder to arrive at the prices contained in the proposal. Estimated costs should be broken down into the bidder’s usual estimate categories such as direct labor, repair labor, equipment operation or leasing, equipment ownership, expendable materials, permanent materials, and subcontract cost, as appropriate. Plant and equipment and indirect cost should be detailed in the bidder’s usual format. The bidder’s allocation of plant and equipment, indirect costs, contingencies, markup, and other items to each bid item shall be included. All significant assumptions, contingencies, or other such factors used in preparing the proposal shall be disclosed and included in the escrowed bid documents.

If the proposal includes any subcontract the price of which exceeds 5% of the bidder’s total proposal amount, the subcontractor under that subcontract shall provide 1 copy of all information in documentary form generated or utilized in the preparation of its subcontract proposal. Such information shall comply with the requirements of this Notice, shall be made a part of the escrowed bid documents, shall be handled in the same manner as the other escrowed bid documents, and shall otherwise be subject to the terms of this Notice.

2014 Specifications 1 of 4 DOC012_Rev_081018 33

04402-PGB-00-CN-PD

Documents included in any bid package produced by NTTA shall not be included in the escrowed bid documents unless necessary to explain and analyze the other items in the escrowed bid documents.

4. SUBMISSION

The escrowed bid documents shall be submitted in a sealed container clearly marked on the outside with the bidder’s name, date of submittal, project name, contract number, and the words “escrowed bid documents.” A bid document certification in the form attached to this Notice as Attachment 1, signed by an individual authorized to execute the proposal, shall accompany the submission of the escrowed bid documents.

5. OWNERSHIP

The escrowed bid documents are, and shall remain, the property of the bidder, subject only to joint review by NTTA and the bidder, as provided herein.

NTTA agrees to use reasonable efforts to maintain the escrowed bid documents in a safe physical condition.

Any portion of the escrowed bid documents that the bidder believes comprises trade secrets or other proprietary information should be clearly marked as such by the bidder. NTTA agrees to comply with all of its notice and other obligations to the bidder arising under the Texas Public Information Act and similar “open records” laws; provided, however, that consistent with the bidder’s continued ownership of the escrowed bid documents, the bidder acknowledges that it shall be responsible for asserting any right to prevent disclosure in any legal or administrative proceeding under which a third party seeks to examine the escrowed bid documents. In all events, the use or disclosure of all or portions of the escrowed bid documents in any legal or administrative proceedings shall be subject to the rules and orders in such proceedings.

6. STORAGE

The apparent lowest responsible bidder shall provide a lockable fireproof cabinet, of sufficient size to contain the escrowed bid documents. The bidder shall deliver the cabinet to NTTA with the escrowed bid documents and shall retain custody of the keys thereto.

7. PRE-AWARD EXAMINATION

Before the award of the contract to the apparent lowest responsible bidder and the execution of the contract by the parties, the escrowed bid documents will be examined and inventoried by representatives of NTTA, together with members of the bidder’s staff who are knowledgeable in how the proposal was prepared, to ensure that the escrowed bid documents are authentic, legible, and complete.

NTTA’s review of the escrowed bid documents shall not constitute approval of the bidder’s proposed construction methods, estimating assumptions or prices, contract interpretations, or any other matters contained in the escrowed bid documents, nor be deemed to be notice thereof to NTTA.

If NTTA, in its sole judgment, determines that any information required to be included in the escrowed bid documents is not contained in the bidder’s original submittal of escrowed bid documents or that any information included with the original submittal contains material errors or

2014 Specifications 2 of 4 DOC012_Rev_081018 34

04402-PGB-00-CN-PD

discrepancies, the bidder shall promptly supply and/or correct all missing, or erroneous, or inconsistent documentation prior to award and execution of the contract. The bidder’s failure to comply with this requirement within 5 business days after notice thereof is given by NTTA shall, at the discretion of NTTA, cause the bidder’s proposal to be rejected and its proposal guaranty to be forfeited.

8. POST-AWARD EXAMINATIONS

The escrowed bid documents shall be examined by both NTTA and the bidder, at any time deemed necessary by either NTTA or the bidder, to assist in the settlement of disputes, claims, and other controversies with the Contractor, and, if determined to be appropriate by NTTA, in its consideration of price adjustments and change orders.

Examination of the escrowed bid documents is subject to the following conditions:

 NTTA and the bidder shall each designate in writing to the other party within a minimum of 10 days prior to examination, representatives who are authorized to examine the escrowed bid documents. No other persons shall have access to the escrowed bid documents, except as required by law or under the rules or orders of any legal proceeding.

 Access to the escrowed bid documents will take place only in the presence of duly designated representatives of both NTTA and the bidder.

Examination of the escrowed bid documents shall be for the sole purpose of obtaining information concerning the bases for the Contractor’s bid amounts and shall in no way obligate NTTA to modify or amend any provision of the contract, including, without limitation, provisions pertaining to price adjustments, change orders, or completion deadlines.

9. POST-AWARD SUBCONTRACTS

If the Contractor wishes to subcontract any portion of the work after award, NTTA retains the right to require the bidder to submit escrowed bid documents from the subcontractor in accordance with Article 3, “Format and Contents,” before the subcontract is approved. Nothing contained in the foregoing shall be construed as modifying any limitation on subcontracting contained in the contract.

10. FINAL DISPOSITION

The escrowed bid documents will be returned to the bidder within ninety (90) days after NTTA determines that all Work has been satisfactorily performed; provided, that if any dispute regarding any matters related to the contract or the Work exists or is threatened on such date, the escrowed bid documents may be retained at NTTA office until final settlement of all matters relating to the contract has been achieved.

11. CONFLICTS

This Notice operates in addition to all similar requirements contained in the proposal documents, except to the extent of any conflicts therewith, in which case this Notice shall control.

2014 Specifications 3 of 4 DOC012_Rev_081018 35

04402-PGB-00-CN-PD

ATTACHMENT 1

BID DOCUMENT CERTIFICATION

Simultaneously with the delivery by ______(the “bidder”) of the sealed container containing “escrowed bid documents,” as described in the Important Notice To Bidders - Escrow of Bid Documents (the “Notice”), which is contained in and a part of that certain proposal to NTTA for the Construction of Construction of 4th Lane Inside Widening including Grading, Drainage, Concrete Pavement, ITS, Pavement Markings, Signing, and Safety Enhancements for the President George Bush Turnpike, a Turnpike Project of the North Texas Tollway Authority, From: North of Belt Line Road, to: IH-35E, (the “proposal”), the undersigned, whether one or more, has completed and signed this bid document certification (the “Certification”) pursuant to the Notice.

The undersigned is familiar with the requirements of the Notice, the preparation of the bidder’s proposal, and the information in the escrowed bid documents submitted herewith.

The undersigned certifies that the documents and other materials submitted in the sealed container constitute all the information used by the bidder in preparation of its proposal and that the contents of the sealed container have been personally examined by the undersigned, who has found that the materials submitted are complete and otherwise comply with the Notice.

Finally, the undersigned certifies that he or she has full power and authority to submit this Certificate in connection with bidder’s proposal.

Print Name:

2014 Specifications 4 of 4 DOC012_Rev_081018 36

CONTRACT: 04402-PGB-00-CN-PD HIGHWAY: President George Bush Turnpike COUNTY: Dallas

Alt. Item Bid Item Description Unit of Approx. Unit Bid Amount Item No. Item Item S.P. Measure Quantities Price Sequence No. Code No. No.

100 6002 PREPARING ROW STA 73.00 $ 3,750.00 $273,750.00 1 162 6002 BLOCK SODDING SY 4,593.00 $ 2.25 $ 10,334.25 2

NOTE: To help the bid tabulation process, please skip a line after the tenth item, the twentieth item, and after succeeding multiples of ten.

Total Bid Amount

(YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items and the alternates contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out.

(YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total bid amount will be determined by multiplying the unit bid prices shown in this print-out by the respective estimated quantities shown in the proposal and then totaling all of the extended amounts.

Additional Signature for Joint Venture:

Signed: Signed:

Title: Title:

Date: Date: EXAMPLE OF BID PRICES SUBMITTED BY COMPUTER PRINTOUT

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38 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0100 6002 100.01 PREP ROW STA 302.0 1 Dollars $______and Cents

0104 6001 REMOVING CONC (PAV) SY 1,595.0 2 Dollars $______and Cents

0104 6009 REMOVING CONC (RIPRAP) SY 1,147.0 3 Dollars $______and Cents

0104 6021 REMOVING CONC (CURB) LF 209.0 4 Dollars $______and Cents

0104 6023 REMOVING CONC (CTB) LF 1,950.0 5 Dollars $______and Cents

0104 6037 REMOVING CONC (RAIL) LF 110.0 6 Dollars $______and Cents

0104 6054 REMOVING CONCRETE (MOW STRIP) LF 2,014.0 7 Dollars $______and Cents

0105 6039 REMOVE STAB BASE AND ASPH PAV (6"-20") SY 4,836.0 8 Dollars $______and Cents

0110 6001 EXCAVATION (RDWY) CY 54,244.0 9 Dollars $______and Cents

0132 6004 132-002 EMBANK (FINAL) (DENS CONT) (TY B) CY 42,497.0 10 Dollars $______and Cents

0161 6017 161.02 COMPOST MANUF TOPSOIL (4") SY 27,921.0 11 Dollars $______and Cents

0162 6002 162.00 BLOCK SODDING SY 27,921.0 12 Dollars $______and Cents

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40 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0164 6041 DRILL SEEDING (TEMP) (WARM) SY 6,980.0 13 Dollars $______and Cents

0164 6043 DRILL SEEDING (TEMP) (COOL) SY 6,980.0 14 Dollars $______and Cents

0168 6001 VEGETATIVE WATERING MG 2,940.4 15 Dollars $______and Cents

0170 6001 IRRIGATION SYSTEM LS 1.0 16 Dollars $______and Cents

0216 6001 PROOF ROLLING HR 700.0 17 Dollars $______and Cents

0314 6005 EMULS ASPH (BS OR SUBGR TRT) (CSS-1H) GAL 13,193.0 18 Dollars $______and Cents

0340 6063 D-GR HMA (SQ) TY-C SAC-A PG 76-22 TON 4,438.0 19 Dollars $______and Cents

0340 6066 D-GR HMA (SQ) TY-C PG 76-22 TON 780.0 20 Dollars $______and Cents

0341 6008 341-001 D-GR HMA TY-B PG64-22 TON 13,999.0 21 Dollars $______and Cents

0354 6045 PLANE ASPH CONC PAV (2") SY 31,735.0 22 Dollars $______and Cents

0354 6057 PLANE ASPH CONC PAV (4") SY 2,114.0 23 Dollars $______and Cents

0356 6007 ASPHALT BINDER (PG 64-22) GAL 1,109.0 24 Dollars $______and Cents

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42 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0356 7001 PAV JT UNDERSEAL (10.5') LF 3,801.0 25 Dollars $______and Cents

0360 6006 CONC PVMT (CONT REINF - CRCP)(12") SY 17,114.0 26 Dollars $______and Cents

0360 6007 CONC PVMT (CONT REINF - CRCP)(13") SY 30,312.0 27 Dollars $______and Cents

0402 6001 TRENCH PROTECTION LF 1,050.0 28 Dollars $______and Cents

0403 6001 TEMPORARY SPL SHORING SF 1,622.0 29 Dollars $______and Cents

0416 6020 416.02 DRILL SHAFT (SIGN MTS) (36 IN) LF 852.0 30 Dollars $______and Cents

0420 6066 CL C CONC (RAIL FOUNDATION) CY 669.0 31 Dollars $______and Cents

0420 6068 CL C CONC (SIGN COLUMN) CY 196.0 32 Dollars $______and Cents

0420 6134 CL C CONC (SIGN FOOTING) CY 124.0 33 Dollars $______and Cents

0427 7001 427.01 BLAST FINISH (SAND) (EXIST CONC) SF 33,695.0 34 Dollars $______and Cents

0427 7004 427.01 CONCRETE PAINT FINISH (EXIST. CONC) SF 49,085.0 35 Dollars $______and Cents

0428 6001 PENETRATING CONCRETE SURFACE TREATMENT SY 9,783.0 36 Dollars $______and Cents

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44 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0432 6002 RIPRAP (CONC) (5 IN) CY 489.0 37 Dollars $______and Cents

0432 6045 RIPRAP (MOW STRIP)(4 IN) CY 922.0 38 Dollars $______and Cents

0442 6007 STR STEEL (MISC NON-BRIDGE) LB 525.0 39 Dollars $______and Cents

0450 6023 RAIL (TY SSTR) LF 25,496.0 40 Dollars $______and Cents

0450 6054 RAIL (TY SSTR) (W/DRAIN SLOTS) LF 4,269.0 41 Dollars $______and Cents

0450 6091 RAIL (TY T80SS)(MOD) LF 1,511.0 42 Dollars $______and Cents

0450 7002 RAIL (TRANS) LF 693.0 43 Dollars $______and Cents

0464 6003 RC PIPE (CL III) (18 IN) LF 647.0 44 Dollars $______and Cents

0464 6005 RC PIPE (CL III) (24 IN) LF 747.0 45 Dollars $______and Cents

0464 6007 RC PIPE (CL III) (30 IN) LF 6.0 46 Dollars $______and Cents

0465 6002 MANH (COMPL) (PRM) (48IN) EA 1.0 47 Dollars $______and Cents

0465 6003 MANH (COMPL) (PRM) (60IN) EA 1.0 48 Dollars $______and Cents

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46 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0465 6005 JCTBOX (COMPL)(PJB) (3FTX3FT) EA 1.0 49 Dollars $______and Cents

0465 6165 INLET (COMPL) (TY C ) (3 GRATE) EA 3.0 50 Dollars $______and Cents

0465 6206 INLET (COMPL)(TY C)(1 GRATE) EA 3.0 51 Dollars $______and Cents

0465 6273 INLET (COMPL)(TY C)(2 GRATE) EA 2.0 52 Dollars $______and Cents

0465 7006 INLET (COMPL)(CGI) (TY SS) EA 9.0 53 Dollars $______and Cents

0465 7007 INLET EXT (TY SS) EA 12.0 54 Dollars $______and Cents

0479 6002 ADJUSTING INLETS EA 15.0 55 Dollars $______and Cents

0479 6006 ADJUSTING INLET (CAP) EA 2.0 56 Dollars $______and Cents

0479 6007 ADJUSTING MANHOLES (CAP) EA 1.0 57 Dollars $______and Cents

0496 6002 REMOVE STR (INLET) EA 13.0 58 Dollars $______and Cents

0496 6003 REMOVE STR (MANHOLE) EA 1.0 59 Dollars $______and Cents

0496 6007 REMOVE STR (PIPE) LF 248.0 60 Dollars $______and Cents

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48 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0496 6016 REMOV STR (PIPE) EA 2.0 61 Dollars $______and Cents

0496 6022 REMOVE STR (BACKWALL) EA 2.0 62 Dollars $______and Cents

0496 6072 REMOVE ROCK RIPRAP LF 1,860.0 63 Dollars $______and Cents

0500 6001 MOBILIZATION LS 1.0 64 Dollars $______and Cents

0500 7001 FIBER OPTIC CABLE LOCATE HR 150.0 65 Dollars $______and Cents

0502 6001 BARRICADES, SIGNS, AND TRAFFIC HANDLING MO 27.0 66 Dollars $______and Cents

0506 6002 506.00 ROCK FILTER DAMS (INSTALL)(TY 2) LF 550.0 67 Dollars $______and Cents

0506 6011 506.00 ROCK FILTER DAMS (REMOVE) LF 550.0 68 Dollars $______and Cents

0506 6020 506.00 CONSTRUCTION EXITS (INSTALL)(TY 1) SY 2,964.0 69 Dollars $______and Cents

0506 6024 506.00 CONSTRUCTION EXITS (REMOVE) SY 2,964.0 70 Dollars $______and Cents

0506 6030 506.00 BACKHOE WORK (EROSION & SEDMT CONT) HR 200.0 71 Dollars $______and Cents

0506 6038 506.00 TEMP SEDMT CONT FENCE (INSTALL) LF 3,620.0 72 Dollars $______and Cents

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50 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0506 6039 506.00 TEMP SEDMT CONT FENCE (REMOVE) LF 3,620.0 73 Dollars $______and Cents

0506 6042 506.00 BIODEG EROSN CONT LOGS (INSTL)(18") LF 270.0 74 Dollars $______and Cents

0506 6043 506.00 BIODEG EROSN CONT LOGS (REMOVE) LF 270.0 75 Dollars $______and Cents

0512 6005 PORT CTB (FUR & INST) (F-SHAPE) (TY 1) LF 150.0 76 Dollars $______and Cents

0512 6017 PORT CTB (DESSOURCE)(F-SHAPE)(TY1) LF 10,950.0 77 Dollars $______and Cents

0512 6029 PORT CTB (MOVE)(F-SHAPE)(TY 1) LF 51,420.0 78 Dollars $______and Cents

0512 6053 PORT CTB (REMOVE) (F-SHAPE) (TY 1) LF 39,150.0 79 Dollars $______and Cents

0514 6001 PERM CTB (SGL SLOPE) (TY 1)(42) LF 1,248.0 80 Dollars $______and Cents

0514 6013 PERM CTB (F-SHAPE)(TY 1) LF 609.0 81 Dollars $______and Cents

0536 6002 CONC MEDIAN SY 5.6 82 Dollars $______and Cents

0540 6002 MTL W- BEAM GD FEN (STEEL POST) LF 11,074.0 83 Dollars $______and Cents

0540 6006 MTL BM GD FEN TRANS (THRIE BEAM) EA 17.0 84 Dollars $______and Cents

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52 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0540 6016 DOWNSTREAM ANCHOR TERMINAL SECTION EA 19.0 85 Dollars $______and Cents

0540 6018 MTL BM GD FEN TRANS (NON-SYM) EA 6.0 86 Dollars $______and Cents

0542 6001 REMOVE METAL BEAM GUARD FENCE LF 14,750.0 87 Dollars $______and Cents

0542 6002 REMOVE TERMINAL ANCHOR SECTION EA 3.0 88 Dollars $______and Cents

0542 6003 REMOVE DOWNSTREAM ANCHOR TERMINAL EA 25.0 89 Dollars $______and Cents

0542 6004 RM MTL BM GD FENCE TRANS (THRIE-BEAM) EA 22.0 90 Dollars $______and Cents

0544 6001 GUARDRAIL END TREATMENT (INSTALL) EA 31.0 91 Dollars $______and Cents

0544 6003 GUARDRAIL END TREATMENT (REMOVE) EA 39.0 92 Dollars $______and Cents

0545 6003 CRASH CUSH ATTEN (MOVE & RESET) EA 1.0 93 Dollars $______and Cents

0545 6005 CRASH CUSH ATTEN (REMOVE) EA 24.0 94 Dollars $______and Cents

0545 6007 CRASH CUSH ATTEN (INSTALL) (L) (N) (TL3) EA 2.0 95 Dollars $______and Cents

0545 6009 CRASH CUSH ATTEN (INSTALL) (L) (W) (TL2) EA 1.0 96 Dollars $______and Cents

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54 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0545 6019 CRASH CUSH ATTEN (INSTL)(S)(N)(TL3) EA 25.0 97 Dollars $______and Cents

0556 6013 PIPE UNDERDRAINS (TY 8) (8") LF 810.0 98 Dollars $______and Cents

0610 6099 REMOVE RD IL ASM (TRANS-BASE) EA 4.0 99 Dollars $______and Cents

0618 6016 CONDT (PVC) (SCHD 40) (1") LF 470.0 100 Dollars $______and Cents

0618 6023 CONDT (PVC) (SCHD 40) (2") LF 371.0 101 Dollars $______and Cents

0618 6053 CONDT (PVC) (SCH 80)(3") LF 918.0 102 Dollars $______and Cents

0618 6070 CONDT (RM) (2") LF 860.0 103 Dollars $______and Cents

0618 7006 CONDT (HDPE)(6")(BORE) LF 82.0 104 Dollars $______and Cents

0618 7021 CONDT (HDPE) DR-11 (6") LF 102.0 105 Dollars $______and Cents

0620 6011 ELEC CONDR (NO.4) BARE LF 35.0 106 Dollars $______and Cents

0620 6012 ELEC CONDR (NO.4) INSULATED LF 105.0 107 Dollars $______and Cents

0624 6007 GROUND BOX TY C (162911)W/APRON EA 1.0 108 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 9 of 20 55 This page intentionally left blank

56 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0624 6010 GROUND BOX TY D (162922)W/APRON EA 1.0 109 Dollars $______and Cents

0624 6028 REMOVE GROUND BOX EA 33.0 110 Dollars $______and Cents

0636 6001 636.00 ALUMINUM SIGNS (TY A) SF 910.0 111 636-001 Dollars $______and Cents

0636 6002 636.00 ALUMINUM SIGNS (TY G) SF 290.0 112 636-001 Dollars $______and Cents

0636 6003 636.00 ALUMINUM SIGNS (TY O) SF 2,250.5 113 636-001 Dollars $______and Cents

0636 6006 636.00 REFURBISH ALUMINUM SIGNS (TY O) EA 1.0 114 636-001 Dollars $______and Cents

0636 6007 636.00 REPLACE EXISTING ALUMINUM SIGNS(TY A) SF 31.0 115 636-001 Dollars $______and Cents

0636 6009 636.00 REPLACE EXISTING ALUMINUM SIGNS(TY O) SF 516.3 116 636-001 Dollars $______and Cents

0644 6065 IN BRIDGE MNT CLEARANCE SGN ASSM(TY S) EA 6.0 117 Dollars $______and Cents

0644 6067 IN SM RD SN SUP&AM (INST SIGN ONLY) EA 22.0 118 Dollars $______and Cents

0644 6076 REMOVE SM RD SN SUP & AM EA 29.0 119 Dollars $______and Cents

0644 6077 REMOVE BRDG MNT CLEARANCE SIGN ASSM EA 6.0 120 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 10 of 20 57 This page intentionally left blank

58 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0644 7001 INS SM RD SN SUP & ASM (STA MARKER) EA 100.0 121 Dollars $______and Cents

0647 6001 647.00 INSTALL LRSS (STRUCT STEEL) LB 2,183.0 122 Dollars $______and Cents

0647 6003 647.00 REMOVE LRSA EA 2.0 123 Dollars $______and Cents

0650 6034 INS OH SN SUP(30 FT CANT)(SPAN ONLY) EA 1.0 124 Dollars $______and Cents

0650 6041 INS OH SN SUP(35 FT CANT)(SPAN ONLY) EA 1.0 125 Dollars $______and Cents

0650 6048 INS OH SN SUP(40 FT CANT)(SPAN ONLY) EA 2.0 126 Dollars $______and Cents

0650 6091 INS OH SN SUP(80 FT BRDG)(SPAN ONLY) EA 1.0 127 Dollars $______and Cents

0650 6101 INS OH SN SUP(90 FT BRDG)(SPAN ONLY) EA 2.0 128 Dollars $______and Cents

0650 6106 INS OH SN SUP(95 FT BRDG)(SPAN ONLY) EA 1.0 129 Dollars $______and Cents

0650 6121 INS OH SN SUP(110 FT BRDG)(SPAN ONLY) EA 1.0 130 Dollars $______and Cents

0650 6204 REMOVE OVERHD SIGN SUP EA 11.0 131 Dollars $______and Cents

0658 6018 658.02 INSTL DEL ASSM (D-SY)SZ 1(FLX)GND EA 97.0 132 Dollars $______and Cents

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60 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0658 6026 658.02 INSTL DEL ASSM (D-SY)SZ (BRF)CTB EA 1,045.0 133 Dollars $______and Cents

0658 6027 658.02 INSTL DEL ASSM (D-SY)SZ (BRF)CTB (BI) EA 175.0 134 Dollars $______and Cents

0658 6048 658.02 INSTL OM ASSM (OM-2Z)(FLX)GND EA 62.0 135 Dollars $______and Cents

0658 6052 658.02 INSTL OM ASSM (OM-3L)(FLX)GND EA 37.0 136 Dollars $______and Cents

0658 6056 658.02 INSTL OM ASSM (OM-3R)(FLX)GND EA 18.0 137 Dollars $______and Cents

0658 6064 658.02 INSTL DEL ASSM (D-SY)SZ 1(BRF)GF2 EA 36.0 138 Dollars $______and Cents

0662 6052 662.01 WK ZN PAV MRK REMOV (RFL) TY II CR EA 460.0 139 Dollars $______and Cents

0662 6060 662.01 WK ZN PAV MRK REMOV (W)4"(BRK) LF 8,672.0 140 Dollars $______and Cents

0662 6063 662.01 WK ZN PAV MRK REMOV (W)4"(SLD) LF 7,089.0 141 Dollars $______and Cents

0662 6067 662.01 WK ZN PAV MRK REMOV (W)6"(SLD) LF 7,390.0 142 Dollars $______and Cents

0662 6072 662.01 WK ZN PAV MRK REMOV (W)12"(LNDP) LF 1,853.0 143 Dollars $______and Cents

0662 6073 662.01 WK ZN PAV MRK REMOV (W)12"(SLD) LF 949.0 144 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 12 of 20 61 This page intentionally left blank

62 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0662 6083 662.01 WK ZN PAV MRK REMOV (W) (EXIT GORE) EA 1.0 145 Dollars $______and Cents

0662 6095 662.01 WK ZN PAV MRK REMOV (Y)4"(SLD) LF 6,467.0 146 Dollars $______and Cents

0662 6098 662.01 WK ZN PAV MRK REMOV (Y)6"(SLD) LF 10,337.0 147 Dollars $______and Cents

0662 6109 662.01 WK ZN PAV MRK SHT TERM (TAB) TY W EA 3,289.0 148 Dollars $______and Cents

0662 6110 662.01 WK ZN PAV MRK SHT TERM (TAB) TY Y EA 1,568.0 149 Dollars $______and Cents

0666 6042 666.01 REFL PAV MRK TY I (W)12"(SLD)(100MIL) LF 738.0 150 666-007 Dollars $______and Cents

0666 6048 666.01 REFL PAV MRK TY I (W)24"(SLD)(100MIL) LF 219.0 151 666-007 Dollars $______and Cents

0666 6141 666.01 REFL PAV MRK TY I (Y)12"(SLD)(100MIL) LF 74.0 152 666-007 Dollars $______and Cents

0666 6224 666.01 PAVEMENT SEALER 4" LF 62,509.0 153 666-007 Dollars $______and Cents

0666 6225 666.01 PAVEMENT SEALER 6" LF 347,059.0 154 666-007 Dollars $______and Cents

0666 6228 666.01 PAVEMENT SEALER 12" LF 10,994.0 155 666-007 Dollars $______and Cents

0666 6230 666.01 PAVEMENT SEALER 24" LF 108.0 156 666-007 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 13 of 20 63 This page intentionally left blank

64 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0666 6231 666.01 PAVEMENT SEALER (ARROW) EA 41.0 157 666-007 Dollars $______and Cents

0666 6232 666.01 PAVEMENT SEALER (WORD) EA 28.0 158 666-007 Dollars $______and Cents

0666 6234 666.01 PAVEMENT SEALER (DBL ARROW) EA 8.0 159 666-007 Dollars $______and Cents

0666 6236 666.01 PAVEMENT SEALER (UTURN ARROW) EA 2.0 160 666-007 Dollars $______and Cents

0666 6323 666.01 RE PM W/RET REQ TY II (W) 4" (SLD) LF 1,700.0 161 666-007 Dollars $______and Cents

0666 6324 666.01 RE PM W/RET REQ TY II (W) 6" (BRK) LF 1,275.0 162 666-007 Dollars $______and Cents

0666 6327 666.01 RE PM W/RET REQ TY II (Y) 4" (SLD) LF 1,700.0 163 666-007 Dollars $______and Cents

0666 7001 666.01 REFL PAV MRK TY I (W)6"(BRK)(100 MIL) LF 6,443.0 164 666-007 Dollars $______and Cents

0666 7002 666.01 REFL PAV MRK TY I(W) 6"(SLD) (100MIL) LF 72,531.0 165 666-007 Dollars $______and Cents

0666 7003 666.01 REFL PAV MRK TY I(Y) 6"(SLD) (100MIL) LF 70,483.0 166 666-007 Dollars $______and Cents

0668 6008 668.01 PREFAB PAV MRK TY B (W)(6")(DOT) LF 221.0 167 Dollars $______and Cents

0668 6019 668.01 PREFAB PAV MRK TY B (W)(ARROW) EA 49.0 168 Dollars $______and Cents

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66 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0668 6020 668.01 PREFAB PAV MRK TY B (W)(DBL ARROW) EA 10.0 169 Dollars $______and Cents

0668 6022 668.01 PREFAB PAV MRK TY B (W)(UTURN ARROW) EA 2.0 170 Dollars $______and Cents

0668 6028 668.01 PREFAB PAV MRK TY B (W)(ENTR GORE) EA 19.0 171 Dollars $______and Cents

0668 6029 668.01 PREFAB PAV MRK TY B (W)(EXIT GORE) EA 20.0 172 Dollars $______and Cents

0668 6085 668.01 PREFAB PAV MRK TY C (W) (WORD) EA 36.0 173 Dollars $______and Cents

0672 6007 672.01 REFL PAV MRKR TY I-C EA 919.0 174 Dollars $______and Cents

0672 6008 857.01 REFL PAV MRKR TY I-R EA 322.0 175 Dollars $______and Cents

0672 6010 672.01 REFL PAV MRKR TY II-C-R EA 6,205.0 176 Dollars $______and Cents

0677 6014 677.01 ELIM EXT PAV MARK & MRKS (EXIT GORE) EA 1.0 177 Dollars $______and Cents

0677 7002 677.01 ELIM EXT PAV MARK & MRKS (6") WATER BLAST LF 320,445.0 178 Dollars $______and Cents

0677 7005 677.01 ELIM EXT PAV MRK & MRKS (12") WATER BLAST LF 10,994.0 179 Dollars $______and Cents

0677 7006 677.01 ELIM EXT PAV MRK & MRKS (24") WATER BLAST LF 108.0 180 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 15 of 20 67 This page intentionally left blank

68 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0677 7007 677.01 ELIM EXT PAV MRK & MRKS (ARROW) WATER BLAST EA 41.0 181 Dollars $______and Cents

0677 7008 677.01 ELIM EXT PAV MRK & MRKS (DBL ARROW) WATER BLAST EA 8.0 182 Dollars $______and Cents

0677 7009 677.01 ELIM EXT PAV MRK & MRKS (ENTER GORE) WATER BLAS EA 18.0 183 Dollars $______and Cents

0677 7010 677.01 ELIM EXT PAV MRK & MRKS (EXIT GORE) WATER BLAST EA 19.0 184 Dollars $______and Cents

0677 7014 677.01 ELIM EXT PAV MRK & MRKS (WORD) WATER BLAST EA 28.0 185 Dollars $______and Cents

0678 6001 678.01 PAV SURF PREP FOR MRK (4") LF 62,509.0 186 Dollars $______and Cents

0678 6002 678.01 PAV SURF PREP FOR MRK (6") LF 297,006.0 187 Dollars $______and Cents

0678 6006 678.01 PAV SURF PREP FOR MRK (12") LF 10,994.0 188 Dollars $______and Cents

0678 6008 678.01 PAV SURF PREP FOR MRK (24") LF 108.0 189 Dollars $______and Cents

0678 6009 678.01 PAV SURF PREP FOR MRK (ARROW) EA 41.0 190 Dollars $______and Cents

0678 6010 678.01 PAV SURF PREP FOR MRK (DBL ARROW) EA 8.0 191 Dollars $______and Cents

0678 6012 678.01 PAV SURF PREP FOR MRK (UTURN ARROW) EA 2.0 192 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 16 of 20 69 This page intentionally left blank

70 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0678 6016 678.01 PAV SURF PREP FOR MRK (WORD) EA 28.0 193 Dollars $______and Cents

0678 6017 678.01 PAV SURF PREP FOR MRK (ENTR GORE) EA 18.0 194 Dollars $______and Cents

0678 6018 678.01 PAV SURF PREP FOR MRK (EXIT GORE) EA 19.0 195 Dollars $______and Cents

0680 6004 REMOVING TRAFFIC SIGNALS EA 2.0 196 Dollars $______and Cents

0712 6001 JT/CRCK SEAL (POLY MOD ASPH EMULSION) LF 11,402.0 197 Dollars $______and Cents

0713 6003 JT SEALING AND CLEANING (LNGT CNSRT JTS) LF 18,267.0 198 Dollars $______and Cents

0730 6003 SPOT MOWING AC 8.0 199 Dollars $______and Cents

0752 6005 TREE REMOVAL (4" - 12" DIA) EA 30.0 200 Dollars $______and Cents

0856 7001 MOISTURE TREATED SUBGRADE CY 17,508.0 201 Dollars $______and Cents

0857 7010 STABILIZED SUBGRADE (LIME) (8") SY 23,428.0 202 Dollars $______and Cents

0857 7011 STABILIZED SUBGRADE (LIME) (18") SY 29,340.0 203 Dollars $______and Cents

0857 7015 HYDRATED LIME (SLURRY) TON 4,532.0 204 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 17 of 20 71 This page intentionally left blank

72 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 0860 7001 MULTIDUCT CONDUIT (PVC) (4-1.25" DUCT) LF 7,815.0 205 Dollars $______and Cents

0860 7002 MULTIDUCT CONDUIT (RM) (4-1.25" DUCT) LF 195.0 206 Dollars $______and Cents

0860 7009 MULTIDUCT HDPE CONDUIT (4-1.25") (BORE) LF 1,890.0 207 Dollars $______and Cents

0865 7008 STRUCT MOUNT CAMERA POLE (STEEL)(8') (TY 1) EA 2.0 208 Dollars $______and Cents

3004 6002 CONTINUOUS DIAMOND GROOVING CONC PVMT SY 16,238.0 209 Dollars $______and Cents

3004 7001 3004.01 SPOT DIAMOND GRINDING CONC PVMT(PROFILE) HR 310.0 210 Dollars $______and Cents

6001 6002 PORTABLE CHANGEABLE MESSAGE SIGN EA 4.0 211 Dollars $______and Cents

6007 6021 FIBER OPTIC SPLICE ENCLOSURE EA 7.0 212 Dollars $______and Cents

6007 6026 FIBER OPTIC CABLE ROAD MARKER EA 18.0 213 Dollars $______and Cents

6007 6028 FO CBL (6 SMF) LF 515.0 214 Dollars $______and Cents

6007 6081 FO CBL (288 SMF) LF 8,715.0 215 Dollars $______and Cents

6007 6094 FIBER OPTIC FUSION SPLICE EA 1,464.0 216 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 18 of 20 73 This page intentionally left blank

74 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 6007 6102 RELOCATE FIBER OPTIC CABLE LF 680.0 217 Dollars $______and Cents

6007 6103 REMOVE FIBER OPTIC CABLE LF 9,090.0 218 Dollars $______and Cents

6007 7001 FIBER OPTIC CABLE TEST STATION EA 2.0 219 Dollars $______and Cents

6007 7002 FIBER OPTIC TERMINATION EA 312.0 220 Dollars $______and Cents

6019 6003 6019.00 PREFB PV MK W/WNTY TY B(W)4"(BRK)CNTST LF 62,509.0 221 Dollars $______and Cents

6019 6005 6019.00 PREFB PV MK W/WNTY TY B (W)(6")(BRK) LF 7,191.0 222 Dollars $______and Cents

6019 6006 6019.00 PREFB PV MK W/WNTY TY B (W)(6")(SLD) LF 72,531.0 223 Dollars $______and Cents

6019 6014 6019.00 PREFB PV MK W/WNTY TY B (Y)(6")(SLD) LF 70,483.0 224 Dollars $______and Cents

6019 7001 6019.00 PREFB PM MK W/WNTY TY B (W)(12")(LNDP) LF 2,880.0 225 Dollars $______and Cents

6019 7002 6019.00 PREFB PM MK W/WNTY TY B (W)(12")(SLD) LF 7,646.0 226 Dollars $______and Cents

6088 6001 REMOVE CAMERA POLE STRUCTURE EA 2.0 227 Dollars $______and Cents

6148 6003 INV PROV PAV MRK (AUD) (W) 6" (SLD) LF 95,813.0 228 Dollars $______and Cents

2014 Specifications Updated: May 2017 [Bid Date] Page 19 of 20 75 This page intentionally left blank

76 NORTH TEXAS TOLLWAY AUTHORITY UNIT DESCRIPTION AND BID PRICE SCHEDULE

Contract: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike County: Dallas

ITEM AMOUNT APPROX. DEPT USE ITEM ITEM UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT S.P. NO. QUANTITIES ONLY NO. CODE 6148 6007 INV PROV PAV MRK (AUD) (Y) 6" (SLD) LF 94,598.0 229 Dollars $______and Cents

6186 6002 ITS GND BOX (PCAST) TY 1 (243636) W/APRN EA 4.0 230 Dollars $______and Cents

6186 6008 ITS GND BOX (PCAST) TY 2 (366036) W/APRN EA 12.0 231 Dollars $______and Cents

232 Dollars $______and Cents

233 Dollars $______and Cents

234 Dollars $______and Cents

235 Dollars $______and Cents

236 Dollars $______and Cents

TOTAL BID $______

______Firm Name certifies that the unit prices shown on this complete computer print-out for all of the bid items and the alternates contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out.

______Firm Name acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total bid amount will be determined by multiplying the unit bid prices shown in this print-out by the respective estimated quantities shown in the proposal and then totaling all of the extended amounts.

Signed:

Title:

Date:

2014 Specifications Updated: May 2017 [Bid Date] Page 20 of 20 77 This page intentionally left blank

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80 04402-PGB-00-CN-PD March, 2019 NORTH TEXAS TOLLWAY AUTHORITY President George Bush Turnpike SEGMENT IV and V INDEX OF GOVERNING SPECIFICATIONS, SPECIAL PROVISIONS AND SPECIAL SPECIFICATIONS

Note: For the purpose of construing this proposal and the contract, the Standard Specifications for Construction of Highways, Streets and Bridges, as adopted by the Texas Department of Transportation on November 1, 2014 (referred to herein as the “Standard Specifications”) are approved and incorporated into the contract by reference for all purposes by the Authority as official specifications, together with, and as modified by, Special Provisions and Special Specifications as are listed below, and by the General Notes and Specification Data. The Standard Specifications may be accessed and downloaded on the Department’s website at:

General. The Standard Specifications applicable to this project are identified as, but not limited to, the following. Whether or not listed, any of the Standard Specifications which are pertinent to work performed on this project are applicable and shall be observed.

STANDARD SPECIFICATIONS: Items 1 thru 9 Inclusive General Requirements and Covenants 100 Preparing Right of Way (4, 5, 6, 103) 104 Removing Concrete (9) 105 Removing Treated and Untreated Base and Asphalt Pavement 110 Excavation (9, 132) 132 Embankment (7, 9, 100, 160, 204, 210, 216, 260, 400) 161 Compost (9, 160) 162 Sodding for Erosion Control (166, 168) 164 Seeding for Erosion Control (162, 166, 168) 168 Vegetative Watering 170 Irrigation System (8, 402, 403, 618, 620, 622, 624, 628) 216 Proof Rolling (210) 314 Emulsified Asphalt Treatment (204, 300) 340 Dense-Graded Hot-Mix Asphalt (Small Quantity) (5, 6, 300, 301, 320, 520, 585) 341 Dense-Graded Hot-Mix Asphalt (5, 6, 300, 301, 320, 520, 585) 354 Planing and Texturing Pavement (5) 356 Fabric Underseal (300, 316, 520) 360 Concrete Pavement (421, 422, 438, 440, 529, 585) 400 Excavation and Backfill for Structures (7, 9, 110, 132, 401, 402, 403, 416, 420, 421, 423) 402 Trench Excavation Protection 403 Temporary Special shoring (423) 416 Drilled Shaft Foundations (9, 405, 420, 421, 423, 440, 448) 420 Concrete Substructures (5, 9, 400, 404, 421, 422, 426, 427, 440, 441, 448) 421 Hydraulic Cement Concrete (360, 361, 416) 427 Surface Finishes for Concrete (9, 420) 428 Penetrating Concrete Surface Treatment (9, 427) 432 Riprap (247, 420, 421, 431, 440)

2014 Specifications 1 of 4 Revised: Jan-17 81 04402-PGB-00-CN-PD March, 2019 442 Metal for Structures (9, 441, 445, 446, 447, 448) 450 Railing (9, 420, 421, 422, 424, 440, 441, 442, 445, 446, 448, 540) 464 Reinforced Concrete Pipe (9, 400, 402, 403, 467, 476) 465 Junction Boxes, Manholes, and Inlets (400, 420, 421, 424, 440, 471) 479 Adjusting Manholes and Inlets (400, 421, 465, 471) 496 Removing Structures 500 Mobilization 502 Barricades, Signs, and Traffic Handling (5, 9) 506 Temporary Erosion, Sedimentation, and Environmental Controls (161, 432, 556) 512 Portable Concrete Traffic Barrier (420, 421, 424, 440, 442) 514 Permanent Concrete Traffic Barrier (400, 416, 420, 421, 424, 440, 442, 448) 536 Concrete Medians And Directional Islands (420, 421, 427, 440, 529) 540 Metal Beam Guard Fence (421, 441, 445, 529) 542 Removing Metal Beam Guard Fence 544 Guardrail End Treatments 545 Crash Cushion Attenuators (421) 556 Pipe Underdrains (402, 432) 610 Roadway Illumination Assemblies (416, 421, 432, 441, 442, 445, 449, 614, 616, 618, 620, 622, 624, 628) 618 Conduit (9, 400, 476) 620 Electrical Conductors (9, 610, 628) 624 Ground Boxes (420, 421, 432, 440, 618, 620) 636 Signs (9, 643) 644 Small Roadside Sign Assemblies (421, 440, 441, 442, 445, 636, 643, 656) 647 Large Roadside Sign Supports and Assemblies (9, 416, 421, 440, 441, 442, 445, 636) 650 Overhead Sign Supports (416, 420, 421, 441, 442, 445, 449, 618, 636, 654) 658 Delineator and Object Marker Assemblies (9, 445) 662 Work Zone Pavement Markings (9, 666, 668, 672, 677) 666 Retroreflectorized Pavement Markings (9, 316, 502, 662, 677, 678) 668 Prefabricated Pavement Markings (9, 678) 672 Raised Pavement Markers (9, 677, 678) 677 Eliminating Existing Pavement Markings and Markers (9, 300, 302, 316) 678 Pavement Surface Preparation for Markings (9, 677) 680 Highway Traffic Signals (416, 610, 618, 624, 625, 627, 628, 636, 656, 682, 684, 686, 688) 712 Cleaning and Sealing Joints and Cracks (Asphalt Concrete) (300, 340) 730 Roadside Mowing (7, 9) 752 Tree and Brush Removal (4)

SPECIAL PROVISIONS: Special Provisions and General Notes and Specification Data will govern and take precedence over the Special Specifications and the Standard Specifications, wherever in conflict therewith.

NTTA Special Provisions NTTA Special Provision Certificate of Interested Parties, (SP-000.01.1) (Form 1295) NTTA Special Provision R.O.W. and Utility Relocations by Others (SP-000.02.2) NTTA Special Provision Mandatory Construction Schedule (SP-000.03.5) NTTA Special Provision Sales and Use Tax Exemption (SP-000.04.1) NTTA Special Provision Existing Utilities (SP-000.05.1)

2014 Specifications 2 of 4 Revised: May 2017 82 04402-PGB-00-CN-PD March, 2019 NTTA Special Provision Special Labor Provisions for State (SP-000.08.1) Construction Projects NTTA Special Provision Value Engineering Proposals (SP-000.17.1) NTTA Special Provision NTTA Enterprise Project Delivery System (SP-000.19.2) NTTA Special Provision NTTA Business Diversity PRISM Contract (SP-000.20.5) Compliance Tracking Software

NTTA Special Provision to Item 1 Abbreviations and Definitions (SP-001.07) NTTA Special Provision to Item 2 Instructions to Bidders (SP-002.07) NTTA Special Provision to Item 3 Award and Execution of Contract (SP-003.07) NTTA Special Provision to Item 3 Award and Execution of Contract (SP-003.INS.00) Insurance NTTA Special Provision to Item 4 Scope of Work (SP-004.03) NTTA Special Provision to Item 5 Control of the Work (SP-005.03) NTTA Special Provision to Item 6 Control of Materials (SP-006.04) NTTA Special Provision to Item 7 Legal Relations and Responsibilities (SP-007.17) NTTA Special Provision to Item 8 Prosecution and Progress (SP-008.13) NTTA Special Provision to Item 9 Measurement and Payment (SP-009.05) NTTA Special Provision to Item 100 Preparing Right of Way (SP-100.01) NTTA Special Provision to Item 161 Compost (SP-161.02) NTTA Special Provision to Item 162 Sodding for Erosion Control (SP-162.00) NTTA Special Provision to Item 416 Drilled Shaft Foundations (SP-416.02) NTTA Special Provision to Item 427 Surface Finishes for Concrete (SP-427.01) NTTA Special Provision to Item 506 Temporary Erosion, Sedimentation, and (SP-506.00) Environmental Controls Embankment NTTA Special Provision to Item 636 Signs (SP-636.00) NTTA Special Provision to Item 647 Large Sign Supports and Assemblies (SP-647.00) NTTA Special Provision to Item 658 Delineator and Object Marker Assemblies (SP-658.02) NTTA Special Provision to Item 662 Work Zone Pavement Markings (SP-662.01) NTTA Special Provision to Item 666 Retroreflectorized Pavement Markings (SP-666.01) NTTA Special Provision to Item 668 Prefabricated Pavement Markings (SP-668.01) NTTA Special Provision to Item 672 Raised Pavement Markers (SP-672.01) NTTA Special Provision to Item 677 Eliminate Existing Pavement Markings and (SP-677.01) Markers NTTA Special Provision to Item 678 Pavement Surface Preparation for Markings (SP-678.01) NTTA Special Provision to Item 3004 Diamond Grinding and Grooving (SP-3004.01) Pavement NTTA Special Provision to Item 6019 Longitudinal Prefabricated Pavement (SP-6019.00) Markings (PPM) with Warranty

TxDOT Special Provisions: Special Provision to Item 132 Embankment (132-002) Special Provision to Item 300 Asphalts, Oils, and Emulsions (300-015) Special Provision to Item 341 Dense-Graded Hot-Mix Asphalt (341-001) Special Provision to Item 421 Hydraulic Cement Concrete (421-002) Special Provision to Item 636 Signs (636-001) Special Provision to Item 643 Sign Identification Decal (643-001) Special Provision to Item 666 Retroreflectorized Pavement Markings (666-007)

NTTA Special Specifications:

2014 Specifications 3 of 4 Revised: Jan-17 83 04402-PGB-00-CN-PD March, 2019 NTTA Item 832 Coating Surface Finishes for New Concrete NTTA Item 850 Gray Concrete Color and Finish (420,421,422,424,427) NTTA Item 856 Moisture Treated Subgrade (110,132,210,216) NTTA Item 857 Stabilized Subgrade (Lime) (210,216,300,520) NTTA Item 860 Multi-Duct Conduit System (400) NTTA Item 865 CCTV Camera Pole Structure (421, 425, 440, 441, 442, 445, 449, 618, 620)

TxDOT Special Specifications: Item 3004 Diamond Grinding and Grooving Pavement Item 6001 Portable Changeable Message Sign Item 6007 Intelligent Transportation System (ITS) Fiber Optic Cable Item 6019 Longitudinal Prefabricated Pavement Markings (PPM) (677)(6040) Item 6291 Mobile Retroreflectivity Data Collection for Pavement Markings Item 6088 Camera Pole Structure Item 6148 Inverted Profile Pavement Marking (Audible) (9,316,502,662,677,678) Item 6186 Intelligent Transportation System (ITS) Ground Box (420,421,432, 440,471,618,620)

GENERAL: The above-listed specification items are those under which payment is to be made. These, together with such other pertinent items, if any, as may be referred to in the above-listed specification items, and including the Special Provisions listed above, the General Notes and Specification Data, the other provisions of this contract, and the Standard Specifications (as the same are modified herein) constitute the complete specifications for this project.

2014 Specifications 4 of 4 Revised: May 2017 84 000.01.1

Special Provision Important Notice to Contractors Certificate of Interested Parties (Form 1295)

Submit a notarized Form 1295, “Certificate of Interested Parties,” in the following instances:

 at contract execution for contracts awarded by the NTTA with an award amount of $300,000 or more;  at any time an existing contract increases in value to $300,000 or more due to changes in the contract;  at any time there is an increase of $300,000 or more to an existing contract (change orders, extensions, and renewals) and receives NTTA Board of Directors approval; or  at any time there is a change to the information in Form 1295, when the form was filed for an existing contract.

Form 1295 and instructions on completing and filing the form are available on the Texas Ethics Commission website.

1 - 2 06-18 System Wide 85 This page intentionally left blank

Added page for double sided printing 86 000.02.2

1. Special Provision Important Notice to Contractors ROW and Utility Relocations by Others

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segments]: IV & V County: Dallas

NTTA anticipates the acquisition and/or access to right-of-way and removal and relocation of improvements, utilities, and obstructions to the construction provided for in this contract in accordance with the schedule set forth below.

The following is a list of known outstanding right-of-way and easements to be acquired, if any, description of improvements which have not been removed, and a list of utilities that have not been removed, adjusted, and/or relocated as of March, 2019.

Outstanding Right-Of-Way to Be Acquired

PARCEL OWNER TARGET DATE NUMBER OF POSSESSION

N/A N/A N/A

1 - 2 02-17 Project Specific 87 000.02.2

Utilities to be removed, adjusted, and/or relocated

The facilities improvements, utilities, and obstructions listed below will either be removed by others, remain in place, or will be accommodated in this Contract as noted below.

EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT

N/A N/A N/A

The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the Authority.

2 - 2 02-17 Project Specific 88 CERTIFICATE OF INTERESTED PARTIES FORM 1295

OFFICE USE ONLYYY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

4 Nature of Interest (check applicable) City, State, Country Name of Interested Party (place of business) Controlling Intermediary

5 Check only if there is NO Interested Party.

6 UNSWORN DECLARATION

My name is ______, and my date of birth is ______.

My address is ______, ______, ______, ______, ______. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct.

ExecutedMust in ______file online County, State ofat ______www.ethics.state.tx.us/File , on the ______day of ______, 20______. (month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised89 12/22/2017 This page intentionally left blank

Added page for double sided printing 90 000.03.5

Special Provision Important Notice to Contractors Mandatory Construction Schedule

Contract No.: 04402-PGB-00-CN-PD Highway: President George Bush Turnpike, Segments: IV & V County: Dallas

1. Substantial Completion Schedule. It is anticipated that the Contractor will receive a Notice to Proceed immediately upon execution of the contract by both parties and receipt of all approvals required from NTTA.

The Contractor shall schedule the work so that the entire project shall reach Substantial Completion (as defined in the Special Provision to Item 1, “Abbreviations and Definitions”), no later than Seven Hundred Thirty One (731) calendar days from the commencement of time charges.

A delay in Substantial Completion of the project beyond the date for Substantial Completion specified above will cause delay in the incremental opening to traffic of the project and other complete and incomplete portions of the PGBT and will cause losses to NTTA, including, but not limited to, lost revenue, interest on monies borrowed, increased administrative, legal, and engineering costs, damage to NTTA’s reputation, and other tangible and intangible losses.

Failure to achieve Substantial Completion within the specified time limits will cause NTTA hardship and financial loss, and automatically shall activate the applicable liquidated damages provisions specified in this "Mandatory Construction Schedule". The liquidated damages for this contract shall be Eight Thousand AND NO/100 DOLLARS ($8,000.00) per day for each calendar day that elapses after the time limit specified for Substantial Completion as stated above, until substantial completion has been achieved for the entire project. The Contractor unconditionally and irrevocably acknowledges and agrees that the actual amount of said losses and expenses would be extremely difficult to determine and that the specified liquidated damages constitute a fair and reasonable estimate by the parties of the amount of said losses and expenses and in no event shall constitute or be construed as a penalty. Further, the Contractor irrevocably and unconditionally acknowledges that the time limits set forth herein constitute an essential benefit for NTTA and an essential element of the contract.

2. Final Completion Schedule. The Contractor shall schedule the work in a manner that the project will reach final completion (as defined in the Special Provision to Item 1) by the earlier of (a) ninety (90) calendar days from the date of Substantial Completion, as determined by the Engineer, or (b) Eight Hundred Twenty Three (823) calendar days from the commencement of time charges. The Engineer shall be the sole judge as to whether final completion has been achieved.

A delay in final completion of the entire project beyond the date for final completion specified above will cause delay in the incremental opening to traffic of other complete and incomplete portions of

1 - 2 02-17 Updated: March 2019 Project Specific 91 000.03.5 PGBT and will cause losses to NTTA, including, but not limited to, lost revenue, interest on monies borrowed, increased administrative, legal, and engineering costs, damage to NTTA’s reputation, and other tangible and intangible losses.

Failure to achieve final completion within the specified time limits will cause NTTA hardship and financial loss, and automatically shall activate the applicable liquidated damages provisions specified in this "Mandatory Construction Schedule". The liquidated damages for this contract shall be Two Thousand Five Hundred and NO/100 DOLLARS ($2,500.00) per day for each calendar day that elapses after the time limit specified for final completion as stated above, until final completion has been achieved in accordance with the requirements of the Special Provision to Item 8. The Contractor unconditionally and irrevocably acknowledges and agrees that the actual amount of said losses and expenses would be extremely difficult to determine and that the specified liquidated damages constitute a fair and reasonable estimate by the parties of the amount of said losses and expenses and in no event shall constitute or be construed as a penalty. Further, the Contractor irrevocably and unconditionally acknowledges that the time limits set forth herein constitute an essential benefit for NTTA and an essential element of the contract.

NTTA shall recover liquidated damages by deducting the amount thereof from any monies due or that may become due the Contractor, and if said monies be insufficient to cover said damages, then the Contractor or its Surety shall pay the amount due and NTTA shall be entitled to any and all rights and remedies available to it in law or equity to recover same.

In the event a court or other authority having jurisdiction to do so determines that this liquidated damages provision is unenforceable for any reason, the Contractor agrees that it shall be liable to NTTA for actual damages for the Contractor’s delays in achieving substantial and/or final completion, as applicable, within the time required by the Contract.

2 - 2 02-17 Updated: March 2019 Project Specific 92 000.04.1

Special Provision Important Notice to Contractors Sales and Use Tax Exemption

The Contractor shall be responsible for the payment of all federal, state, local, and other taxes, impositions, and assessments imposed in connection with this contract (if any), including without limitation all taxes imposed on property, services, and other items required in connection with Contractor’s performance of this contract. The amount of payments to be made by NTTA to the Contractor as stated in this contract shall not be increased to cover any taxes, impositions, or assessments payable by the Contractor in connection with this contract.

NTTA is a tax-exempt entity under Section 151.309 of the Texas Tax Code. The Contractor is solely responsible for determining if under the Texas Tax Code, the Texas Administrative Code, or any other legal authority, any property or service purchased by the Contractor in connection with its performance of this contract is exempt from taxation.

1 - 1 02-17 System Wide 93 This page intentionally left blank

Added page for double sided printing 94 000.05.1

Special Provision Important Notice to Contractors Existing Utilities

Contractor is hereby notified that there are existing public and private utility entities which NTTA believes have structures in or adjacent to the limits of the Work. A list indicates the entity owning and controlling the utility, and the person to be contacted, if there is any, is provided in the General Notes and Specification Data and the locations of known existing utilities are shown on the plans. However, NTTA does not guarantee the accuracy of the information concerning the existing utility structures, including their size, location, depth, or length. The Contractor is responsible for making its own investigation as to the whereabouts of utilities prior to beginning work in any location. Prior to any excavation or drilling, the Contractor shall obtain from the owners the location of any existing utilities (whether or not shown on the plans) and shall become cognizant of and cooperate with any necessary adjustments, which may have to be made by the owners. Additionally, before commencing construction, the Contractor shall verify by test pits the location of all utilities. By submitting its bid, the Contractor warrants and understands that notwithstanding anything to the contrary contained in the contract, it is its responsibility to verify all information concerning utility structures, including the information listed in the General Notes and Specification Data and the information contained in the plans, that it has made all investigations essential to a full understanding of the difficulties that may be encountered in performing the Work as it relates to utility structures, and that it assumes full and complete responsibility and risk for completing the Work for the compensation and within the time provided in the contract.

Regardless of whether existing utility structures will eventually be relocated, it shall be the Contractor's responsibility to protect all such lines in the course of performing work under the contract. Any structures damaged by the Contractor's operations shall be promptly repaired at the Contractor's expense and to the complete satisfaction of the utility owner and the Engineer.

Because of the imminent danger of working in the vicinity of the utilities, the Contractor shall utilize heavy timber mats, compacted earth embankment surfaced with flexible base, or other working platforms, where, in the sole judgment of the Engineer to protect the existing utilities, facilities might be damaged by the Contractor's operations. Prior to beginning operations, the Contractor shall submit to the Engineer for approval, a plan outlining its methods of operation and details of supporting heavy equipment in locations where utilities might be damaged. Submittals shall conform to the requirements of Item 5 of the Standard Specifications and the Special Provision to Item 5, "Control of the Work."

After completion of operations in the vicinity of utilities, the Contractor shall restore the area to its condition at the time of entry unless otherwise instructed by the utility owner and the Engineer.

No specific measurement or payment will be made for work to be done, or for equipment and materials to be furnished, as a result of the requirements in this Special Provision. All costs shall be considered subsidiary to and included in the bid for the various Items required by the plans and the contract.

Special care must be exercised during all phases of construction operations in the vicinity of these structures.

1 - 2 02-17 System Wide 95 000.05.1 It shall be the Contractor's responsibility to familiarize itself and at all times comply with the operational requirements of all utility owners relevant to the Work.

2 - 2 02-17 System Wide 96 000.08.1

Special Provision Important Notice to Contractors Special Labor Provisions for State Construction Projects

1. GENERAL

This is a Public Works Project, as provided by Title 10, Chapter 2258 of the Texas Government Code. “Prevailing Wage Rates” are subject to the provisions to this statute and no provisions in this Contract are neither intended nor actually conflict with the provisions of this statute.

Any worker (as defined by the statute) who performs work on this Public Works Project shall be paid the prevailing rate of per diem wages in the locality in which the public work is to be performed for each craft or type of worker needed to execute the contract and the prevailing rate for legal holiday and overtime work. NTTA has determined the prevailing rate by either conducting a survey of the wages received by the classes of workers employed on projects of a character similar to the work outlined in this contract within the political subdivision of the state in which the work is to be performed or by using the prevailing wage rate determined by the United States Department of Labor in accordance with the Davis-Bacon Act and its subsequent amendments. The prevailing rate of per diem wages is outlined in specifications, and shall be updated as required by law. NTTA’s determination of the general prevailing rate of per diem wages is final. Apply the wage rates contained in the specifications as minimum wage rates for the Contract.

2. MINIMUM WAGES, HOURS AND CONDITIONS OF EMPLOYMENT

The Fair Labor Standards Acts (FLSA) established one and one-half (1-1/2) pay for overtime in excess of 40 hours worked in 1 week. Do not consider time worked by the worker in going to and returning from the place of work as part of the hours of work. Do not require or permit any worker to work in excess of 40 hours in 1 week, unless the worker receives compensation at a rate not less than 1-1/2 times the regular rate of pay for all hours worked in excess of 40 hours in the workweek. Contractors and subcontractors are expected to fully comply with the terms of the FLSA. Nothing in this provision is intended to modify or conflict with the FLSA.

The general rates of per diem wages prevailing in this locality for each class and type of workers whose services are considered necessary to fulfill the Contract are indicated in the special provisions, and these rates govern as minimum wage rates on this Contract. A penalty of $60.00 per calendar day or portion of a calendar day for each worker employed that is paid less than the stipulated general rates of per diem wages for any work done under the Contract will be deducted.

NTTA, upon receipt of a complaint by a worker concerning an alleged failure to pay the prevailing rate, will determine within 30 days whether good cause exists to believe that the Contractor or a subcontractor has violated wage rate requirements and notify the parties involved of the findings in writing. NTTA shall retain any amount due under the contract pending a final determination of the violation. Make every effort to resolve the alleged violation within 14 days after notification. The next alternative is submittal to binding arbitration in accordance with the provisions of the Texas General Arbitration Act (Art. 224 et seq., Revised Statutes).

Notwithstanding any other provision of the Contract, covenant and agree that the Contractor and its subcontractors will pay each of their employees and contract labor engaged in any way in work

1 - 5 02-19 System Wide 97 000.08.1 under the Contract, a wage not less than what is generally known as the “federal minimum wage” as set out in 29 U.S.C. 206 as that Statute may be amended from time to time.

Pay any worker employed whose position is not listed in the Contract, a wage not less than the per diem wage rate established in the Contract for a worker whose duties are most nearly comparable.

3. RECORD AND INSPECTIONS

Keep copies of weekly payrolls for review. Require subcontractors to keep copies of weekly payrolls for review. Show the name, occupation, number of hours worked each day and per diem wage paid each worker together with a complete record of all deductions made from such wages. Keep records for a period of 3 years from the date of completion of the Contract.

Where the piece-work method is used, indicate on the payroll for each person involved:  Quantity of piece work performed.  Price paid per piece-work unit.  Total hours employed.

The Engineer may require the Contractor to file an affidavit for each payroll certifying that payroll is a true and accurate report of the full wages due and paid to each person employed.

Post or make available to employees the prevailing wage rates from the Contract. Require subcontractors to post or make available to employees the prevailing wage rates from the Contract.

This Special Provision is similar to and modeled after, but not identical to, the TxDOT Special Provision to Item 000-008, “Special Labor Provisions for State Projects.”

2 - 5 02-19 System Wide 98 The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. 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 must be submitted to the Engineer for approval. IMPORTANT NOTICE FOR STATE PROJECTS; only the controlling wage rate zone applies to the contract. Effective 01-04-2019.

ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS. # CLASSIFICATION DESCRIPTION TX02 TX03 TX04 TX05 TX06 TX07 TX08 TX24 TX25 TX27 TX28 TX29 TX30 TX37 TX38 TX42 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1428 Agricultural Tractor Operator $12.69 $12.35 $11.75 1300 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 $14.40 1303 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 $12.99 1106 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 $11.78 1112 Batching Plant Operator, Asphalt 1115 Batching Plant Operator, Concrete 1214 Blaster 1615 Boom Truck Operator $18.36 1444 Boring Machine Operator 1305 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 $11.05 1144 Communications Cable Installer 1124 Concrete Finisher, Paving and Structures $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 $13.32 1318 Concrete Pavement Finishing Machine Operator $16.05 $15.48 $16.05 $19.31 $13.07 1315 Concrete Paving, Curing, Float, Texturing Machine Operator $16.34 $11.71 1333 Concrete Saw Operator $14.67 $14.48 $17.33 $13.99 1399 Concrete/Gunite Pump Operator

3 -5 1344 Crane Operator, Hydraulic 80 tons or less $18.22 $18.36 $18.12 $18.04 $20.21 $18.63 $13.86 1345 Crane Operator, Hydraulic Over 80 Tons 1342 Crane 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 $13.87 1343 Crane Operator, Lattice Boom Over 80 Tons $20.52 $19.38 $20.52 $17.49 $25.13 $15.80 1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $14.26 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.50 1351 Crusher or Screen Plant Operator 1446 Directional Drilling Locator $11.67 1445 Directional Drilling Operator $20.32 $17.24 1139 Electrician $20.96 $19.87 $19.80 $26.35 $20.27 $19.80 $20.92 $27.11 $19.87 1347 Excavator Operator, 50,000 pounds or less $13.46 $12.56 $13.67 $17.19 $12.88 $14.38 $13.49 $17.19 $13.88 $14.09 $12.71 $14.42 1348 Excavator Operator, Over 50,000 pounds $15.23 $13.52 $17.04 $17.71 $16.99 $18.80 $16.22 $14.53 $13.52 1150 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 $8.10 1151 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 $12.25 1160 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 $13.93 1360 Foundation Drill Operator, Crawler Mounted $17.99 $17.99 $17.43 1363 Foundation Drill Operator, Truck Mounted $16.86 $22.05 $21.51 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89 $22.05 1369 Front 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 $12.17 1372 Front 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 $13.02 1329 Joint Sealer 1172 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 $10.15 1175 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 $12.37 1346 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 $12.90 99 ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS. # CLASSIFICATION DESCRIPTION TX02 TX03 TX04 TX05 TX06 TX07 TX08 TX24 TX25 TX27 TX28 TX29 TX30 TX37 TX38 TX42 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19 1/4/19

1187 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 $17.47 1380 Milling Machine Operator $15.54 $14.64 $12.22 $14.29 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $12.80 1390 Motor 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 $20.01 1393 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 $15.53 1413 Off Road Hauler $10.08 $12.26 $11.88 $12.25 $12.23 $13.00 $14.60 1196 Painter, Structures $21.29 $18.34 $21.29 $18.62 1396 Pavement Marking Machine Operator $16.42 $13.10 $13.55 $19.17 $12.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18 $13.10 1443 Percussion or Rotary Drill Operator 1202 Piledriver $14.95 1205 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 $14.64 1384 Reclaimer/Pulverizer Operator $12.85 $11.90 $12.88 $11.01 $10.46 1500 Reinforcing Steel Worker $13.50 $14.07 $17.53 $16.17 $14.00 $16.18 $12.74 $15.83 $17.10 $15.15 $17.72 1402 Roller Operator, Asphalt $10.95 $11.96 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.50 1405 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 $10.66 1411 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 $10.89 1417 Self-Propelled Hammer Operator 1194 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 $14.11 1513 Sign Erector 1708 Slurry Seal or Micro-Surfacing Machine Operator 1341 Small Slipform Machine Operator $15.96 1515 Spreader Box Operator $12.60 $13.12 $14.71 $14.04 $14.73 $13.84 $13.68 $13.45 $11.83 $13.58 $14.05 1705 Structural Steel Welder $12.85 4 -5 1509 Structural Steel Worker $19.29 $14.39 1339 Subgrade Trimmer 1143 Telecommunication Technician 1145 Traffic Signal/Light Pole Worker $16.00 1440 Trenching Machine Operator, Heavy $18.48 1437 Trenching Machine Operator, Light 1609 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 $13.41 1612 Truck Driver Transit-Mix $14.14 $14.14 1600 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 $10.75 1606 Truck 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 $11.10 1607 Truck Driver, Tandem Axle Tractor with Semi Trailer $12.49 $12.12 $12.50 $13.42 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27 $12.50 1441 Tunneling Machine Operator, Heavy 1442 Tunneling Machine Operator, Light 1706 Welder $14.02 $14.86 $15.97 $13.74 $14.84 $13.78 1520 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 $11.76 Notes: 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. The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas’ Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas . AGC will make it available on its Web site for any contractor. 100 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 37 Andrews 37 Duval 30 Kaufman 25 Real 37 Angelina 28 Eastland 37 Kendall 7 Red River 28 Aransas 29 Ector 2 Kenedy 30 Reeves 8 Archer 25 Edwards 8 Kent 37 Refugio 27 Armstrong 2 El Paso 24 Kerr 27 Roberts 37 Atascosa 7 Ellis 25 Kimble 37 Robertson 7 Austin 38 Erath 28 King 37 Rockwall 25 Bailey 37 Falls 28 Kinney 8 Runnels 37 Bandera 7 Fannin 28 Kleberg 27 Rusk 4 Bastrop 7 Fayette 27 Knox 37 Sabine 28 Baylor 37 Fisher 37 Lamar 28 San Augustine 28 Bee 27 Floyd 37 Lamb 37 San Jacinto 38 Bell 7 Foard 37 Lampasas 7 San Patricio 29 Bexar 7 Fort Bend 38 LaSalle 30 San Saba 37 Blanco 27 Franklin 28 Lavaca 27 Schleicher 37 Borden 37 Freestone 28 Lee 27 Scurry 37 Bosque 28 Frio 27 Leon 28 Shackelford 37 Bowie 4 Gaines 37 Liberty 38 Shelby 28 Brazoria 38 Galveston 38 Limestone 28 Sherman 37 Brazos 7 Garza 37 Lipscomb 37 Smith 4 Brewster 8 Gillespie 27 Live Oak 27 Somervell 28 Briscoe 37 Glasscock 37 Llano 27 Starr 30 Brooks 30 Goliad 29 Loving 37 Stephens 37 Brown 37 Gonzales 27 Lubbock 2 Sterling 37 Burleson 7 Gray 37 Lynn 37 Stonewall 37 Burnet 27 Grayson 25 Madison 28 Sutton 8 Caldwell 7 Gregg 4 Marion 28 Swisher 37 Calhoun 29 Grimes 28 Martin 37 Tarrant 25 Callahan 25 Guadalupe 7 Mason 27 Taylor 2 Cameron 3 Hale 37 Matagorda 27 Terrell 8 Camp 28 Hall 37 Maverick 30 Terry 37 Carson 2 Hamilton 28 McCulloch 37 Throckmorton 37 Cass 28 Hansford 37 McLennan 7 Titus 28 Castro 37 Hardeman 37 McMullen 30 Tom Green 2 Chambers 38 Hardin 38 Medina 7 Travis 7 Cherokee 28 Harris 38 Menard 37 Trinity 28 Childress 37 Harrison 42 Midland 2 Tyler 28 Clay 25 Hartley 37 Milam 28 Upshur 4 Cochran 37 Haskell 37 Mills 37 Upton 37 Coke 37 Hays 7 Mitchell 37 Uvalde 30 Coleman 37 Hemphill 37 Montague 37 Val Verde 8 Collin 25 Henderson 28 Montgomery 38 Van Zandt 28 Collingsworth 37 Hidalgo 3 Moore 37 Victoria 6 Colorado 27 Hill 28 Morris 28 Walker 28 Comal 7 Hockley 37 Motley 37 Waller 38 Comanche 37 Hood 28 Nacogdoches 28 Ward 37 Concho 37 Hopkins 28 Navarro 28 Washington 28 Cooke 37 Houston 28 Newton 28 Webb 3 Coryell 7 Howard 37 Nolan 37 Wharton 27 Cottle 37 Hudspeth 8 Nueces 29 Wheeler 37 Crane 37 Hunt 25 Ochiltree 37 Wichita 5 Crockett 8 Hutchinson 37 Oldham 37 Wilbarger 37 Crosby 2 Irion 2 Orange 38 Willacy 30 Culberson 8 Jack 28 Palo Pinto 28 Williamson 7 Dallam 37 Jackson 27 Panola 28 Wilson 7 Dallas 25 Jasper 28 Parker 25 Winkler 37 Dawson 37 Jeff Davis 8 Parmer 37 Wise 25 Deaf Smith 37 Jefferson 38 Pecos 8 Wood 28 Delta 25 Jim Hogg 30 Polk 28 Yoakum 37 Denton 25 Jim Wells 27 Potter 2 Young 37 DeWitt 27 Johnson 25 Presidio 8 Zapata 30 Dickens 37 Jones 25 Rains 28 Zavala 30 Dimmit 30 Randall 2 5 - 5 101 This page intentionally left blank

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Special Provision Important Notice to Contractors Value Engineering Proposals

The Contractor is encouraged to develop, prepare, and submit for NTTA’s consideration proposals for Contract changes that result in a reduction of the estimated cost of the Work without impairing essential functions or characteristics of the Project, including service life, economy of operation, ease of maintenance, desirability and safety, as determined by NTTA in its sole discretion. Such changes may not be based solely upon a change in quantities, performance, accuracy or reliability, or a relaxation of the requirements contained in the Contract Documents. If NTTA determines that the proposal warrants a change to the Contract, the change shall be documented by a Change Order under which a portion of the estimated net savings to NTTA shall be shared with the Contractor on terms acceptable to NTTA and the Contractor. The Contractor acknowledges and agrees that NTTA shall have no obligation to accept or implement any proposal submitted by the Contractor.

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Added page for double sided printing 104 000.19.2

Special Provision Important Notice to Contractors NTTA Enterprise Project Delivery System

1. INTRODUCTION

The NTTA Enterprise Project Delivery System (the EPDS) is NTTA’s web-based computer system that provides management applications such as, notices, field and office management, and file management including, but not limited to, forms, workflows, administrative applications, and reports. The EPDS serves as a record repository by tracking and storing project records such as contract documents, correspondences, plans and shop drawing submittals, requests for information (RFIs), nonconformance reports (NCRs), and other construction submittals from the execution to the close out of a contract. The EPDS produces various types of reports based on the data stored in the system to help NTTA monitor the progress of the project. The EPDS utilizes workflows which correspond with the NTTA Quality Management System (QMS) Manual which provides procedures and requirements to achieve the standards and quality set forth by NTTA. The project information within the EPDS may be accessed over the internet 24 hours-a-day, seven days a week.

2. CONTRACTOR’S OBLIGATIONS

The Contractor, and its designated representatives, shall utilize the EPDS for all transmittals, submittals, RFIs, and other tasks requested by the Engineer. All project related documents shall be processed in accordance with the applicable workflows shown in the EPDS including, but not limited to, records of correspondence, schedules, progress reports, inspection reports, requests for information, meeting agendas, meeting minutes, shop drawing submittals, plan revision submittals, change orders, NCRs, progress payments, etc. The EPDS is an official record of all communications between the Contractor and NTTA.

The Contractor and designated representatives shall understand the procedures and workflows listed in the following sections of the NTTA QMS Manual which can be found at the NTTA website at www.ntta.org under “Road & Projects,” and then “QMS Manual” at the below referenced Sections and Sub-sections:

2.1. Section 3, “Program Development Process”, Sub-section 6, Construction”

2.1.1. RFI Review Process (CON-01). CON-01 defines the process by which an RFI is reviewed, response developed, finalized, and returned to the prime contractor.

2.1.2. Submittal Review Process (CON-02). CON-02 defines the process by which a construction submittal is reviewed, reviewed, review comments developed, finalized and returned to the prime contractor.

2.1.3. Change Order (CO) Process (CON-03). CON-03 defines the process by which a contract change order is requested and approved.

2.1.4. Administration (CON-04). CON-04 documents the processes by which a construction contract is administered, monitored, and managed.

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2.1.5. Contract Closeout (CON-06). CON-06 defines the process for closeout of a construction contract to ensure that all specified work has been completed in accordance with requirements of the contract, that all documents of record have been received, and that all financial aspects of the contract are addressed and resolved.

2.1.6. Nonconforming Items During Construction (CON-07). CON-07 defines the procedure for how to handle all items not meeting plans or specifications in NTTA construction projects, and to create a means for the NTTA to accept substandard work.

2.1.7. Contractor Pay Estimate (CON-08). CON-08 defines the process for generating and approving Construction Contractor Pay Estimates for the NTTA.

2.2. Section 3, “Program Development Process”, Sub-section 8, “Visual Quality (VQ)”

2.2.1. Precast Manufacturing Plant Visual Quality Inspection (VQ-01). VQ-01 defines the procedure to describe the Visual Quality inspection, documentation and reporting required for precast manufacturing plant inspection.

2.2.2. Construction Site Visual Quality Inspection (VQ-02). VQ-02 defines the procedure to describe the Visual Quality inspection, documentation and reporting required of the Construction Site Quality Assurance Inspector prior to the placement of structural concrete for cast-in-place and pre-cast structural elements.

2.2.3. Visual Quality Control of Nonconforming Product (VQ-03). VQ-03 defines the procedure for controlling nonconforming product identified by the Visual Quality team in construction, including identification, segregation, resolution, and re-inspection.

2.3. Section 4, “Program Administration and Support”, Sub-section 2, “Document Management”

2.3.1. Management of Controlled Documentation (DM-01). DM-01 defines the process for creating, changing and releasing controlled documentation through the Document Release Notice (DRN) process.

2.3.2. Project Delivery Records Management Requirements (DM-02). DM-02 defines the naming, filing, retention, destruction and permissions control of NTTA Project Delivery records.

2.4. Section 4, “Program Administration and Support”, Sub-section 5, “Environmental Management”

2.4.1. Storm Water Management (ENV-01). ENV-01 defines the procedure to ensure compliance with the Construction General Permit (CGP) issued by the Texas Commission on Environmental Quality (TCEQ) under its Texas Pollutant Discharge Elimination System (TPDES) permitting program for construction activities.

2.4.2. Environmental Documentation Review and Submittal Process (ENV-02). ENV-02 defines the procedure for the quality assurance/quality control (QA/QC) review and submittal of environmental documentation drafted by Environmental Consultants.

2 - 4 02-17 System Wide 106 000.19.2 2.4.3. Control of Environmental Nonconformance (ENV-03). ENV-03 defines the procedure for processing environmental compliance nonconformance including identification, resolution, implementation of solution, re-inspection, and closure.

2.5. Within 7 days after the Contract is awarded by the NTTA Board, or when notified by the Engineer, the Contractor shall submit a list containing the name, company, role/title, telephone number, and e-mail address of individuals who will attend the training sessions for the use of the EPDS, which will be provided by NTTA at no cost. All EPDS users shall complete the training prior to receiving access to the EPDS; no exceptions will be granted. The Contractor and its designated representatives shall agree to comply with all terms and conditions associated with its use of the EPDS. Any time during the construction, the Contractor may request for additional EPDS training as a refresher course for existing EPDS users or to add new individuals who will require use of the EPDS.

3. EQUIPMENT

The Contractor shall obtain the necessary computer equipment, at its own expense, to access the EPDS.

Computer equipment and software requirements are listed in the General Notes and Specification Data of the project.

In the event that the EPDS becomes inoperable or unavailable to the Contractor, the Contractor shall contact NTTA’s EPDS helpdesk to have the software repaired and contact the Engineer for directions of processing documentation until the EPDS is operational. Any expenses incurred for extra work will be subsidiary to various items in the Contract. Once the EPDS is in operation again, the Contractor shall upload the required documentation and submit the requests through EPDS.

4. DOCUMENTATION

All project documents that are uploaded and transmitted via the EPDS must comply with the following electronic formats:  Documents generated by Microstation or AutoCAD shall be printed to Portable Document Format (PDF) files using Adobe Acrobat software;  Manually marked-up documents such as drawings, sketches, correspondence, etc. or documents with non-electronic signatures shall be scanned to Tagged Image Format (TIF) or PDF files with minimum resolution of 300 dpi using CCITT Group 4 (2d Fax) compression;  Documents generated by software programs such as Microsoft Office and graphic designing software shall be printed to PDF files using Adobe Acrobat software. No scanning will be permitted;  Electronic photographs shall be uploaded in Joint Photographic Experts Group (JPEG) or (JPG) files, sized at a minimum resolution of 1024x768 pixels;  Grayscale or color photo images that are scanned shall be saved in JPEG or JPG files with medium to low quality compression at a minimum resolution of 300 dpi; or  Product data in PDF files available for download from the Manufacturer’s website may be used.

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5. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly, but will be subsidiary to various bid Items.

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Special Provision Important Notice to Contractors NTTA Business Diversity PRISM Contract Compliance Tracking Software

1. INTRODUCTION The NTTA PRISM contract compliance software (PRISM system) is NTTA’s web-based computer system that tracks the monthly subcontractor payment reporting for NTTA contracts. The PRISM system has been fully implemented and replaces the current manual subcontractor payment reporting process with a more efficient online reporting process.

As outlined in the NTTA Business Diversity Department Contracting and Compliance Manual (CCM), if a contract includes a D/M/WBE subcontracting commitment, the prime contractor shall submit a Monthly Subcontractor Payment and reporting activity to the Business Diversity Department (BDD) via PRISM. The Monthly Subcontractor Payment and reporting activity reflects actual payments made for the specific month indicated. Information provided is utilized to monitor and track the percentage of work performed by all subcontractors and to confirm whether the contract-specific goal established is fulfilled.

2. CONTRACTOR’S OBLIGATIONS

The Contractor shall utilize the NTTA PRISM system for monthly subcontractor payment reporting and other reporting compliance as outlined in the CCM. Contractors will have a designated User ID and password to login to the PRISM system and may access the PRISM system over the internet 24 hours a day, seven days a week via the following link: https:/ntta.prismcompliance.com.

The PRISM system is an official record of communications between the Contractor and the NTTA Business Diversity Department. Information provided in the NTTA PRISM system is utilized to monitor and track the percentage of work performed by all subcontractors and to confirm whether the contract-specific goal established is fulfilled.

The Contractor shall understand the procedures listed in the Pre-Award and Post-Award Compliance sections of the CCM which can be found at the NTTA website at https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx.

Within 14 days of the Notice to Proceed (NTP), the Contractor shall contact [email protected] to schedule PRISM training. The Contractor shall submit a list containing the name, company, role/title, telephone number, and e-mail address of individuals who will attend the training sessions for the use of the PRISM system.

Training will be provided by NTTA at no cost. All the PRISM system users shall complete the training prior to receiving access to the PRISM system; no exceptions will be granted. The Contractor shall agree to comply with all terms and conditions associated with its use of the PRISM system. At any time during the contract, the Contractor may request for additional PRISM system training as a refresher course for existing PRISM system users or to add new individuals who will require use of the PRISM system.

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3. EQUIPMENT

The Contractor shall obtain the necessary computer equipment, at its own expense, to access the PRISM system. Please refer to the General Notes in the Plans regarding the list of computer equipment and software required for this project to meet the requirements set forth in Item 000.19, “NTTA Enterprise Project Delivery System,” if applicable. This same list of computer equipment and software required will suffice for the NTTA PRISM system.

The Contractor will be able to access the PRISM system via the internet from any location 24 hours-a-day using their designated user id and password via the following link: https://ntta.prismcompliance.com. In the event that the PRISM system becomes inoperable or unavailable to the Contractor, the Contractor shall contact the Business Diversity Department to have the software repaired and for directions of processing required documentation until the PRISM system is operational. Once the PRISM system is in operation again, the Contractor shall upload the required documentation through the PRISM system.

4. DOCUMENTATION

The Contractor shall understand the procedures listed in the Pre-Award and Post-Award Compliance sections of the CCM and submit all required documentation.

5. NONCOMPLIANCE

The Contractor shall understand and be required to comply with the procedures listed in the Pre- Award and Post-Award Compliance sections of the CCM which can be found at the NTTA website https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx

6. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals required for compliance with this special provision will not be measured or paid for directly, but will be subsidiary to the various bid Items.

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Special Provision to Item 1 Abbreviations and Definitions

Item 1, “Abbreviations and Definitions,” 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.

For this Contract, the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, November 1, 2014 (the “Standard Specifications”), all documents referenced therein, and all manuals, bulletins, supplements, specifications, and similar materials issued by the Texas Department of Transportation (“TxDOT”), or any predecessor or successor thereto, which are applicable to this Contract, are modified with respect to the terms cited below and no others are changed hereby.

THE TERM “STATE,” “STATE HIGHWAY AGENCY,” “STATE HIGHWAY DEPARTMENT OF TEXAS,” “STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION,” “TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION,” “TEXAS DEPARTMENT OF TRANSPORTATION,” “DEPARTMENT,” “TEXAS TURNPIKE AUTHORITY,” “STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION,” “TEXAS DEPARTMENT OF TRANSPORTATION COMMISSION,” “TEXAS TRANSPORTATION COMMISSION,” “STATE HIGHWAY COMMISSION,” OR “COMMISSION” SHALL, IN THE USE OF THE STANDARD SPECIFICATIONS, SPECIAL PROVISIONS AND SPECIAL SPECIFICATIONS AND GENERAL NOTES AND SPECIFICATION DATA PERTAINING THERETO, AND REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS, FOR ALL WORK IN CONNECTION WITH THE NORTH TEXAS TOLLWAY AUTHORITY SYSTEM, AND ALL EXTENSIONS, ENLARGEMENTS, EXPANSIONS, IMPROVEMENTS, AND REHABILITATIONS THERETO, BE DEEMED TO MEAN THE NORTH TEXAS TOLLWAY AUTHORITY, UNLESS THE CONTEXT CLEARLY INDICATES A CONTRARY MEANING. ANY REFERENCE IN THE STANDARD SPECIFICATIONS TO THE STATE OF TEXAS, OR TO ITS OFFICIALS, EMPLOYEES, OR AGENTS, SHALL BE DEEMED TO MEAN THE NORTH TEXAS TOLLWAY AUTHORITY, ITS OFFICIALS, EMPLOYEES, OR AGENTS.

Article 1.2., “Abbreviations,” is supplemented by the following:

NTTA North Texas Tollway Authority NPDES National Pollution Discharge Elimination System MBE Minority Business Enterprise WBE Women Business Enterprise D/M/W/SBE Disadvantaged, Minority, Women-Owned and Small Business Enterprise

Section 1.3.27., “Change Order,” is supplemented by the addition of the following: 3.27. To be effective and binding on NTTA, it must be signed by both the Contractor and NTTA. A Change Order should include all of the following:

1. The change in the Work; 2. The amount of the adjustment, if any, in the Contract Sum; and 3. The extent of the adjustment, if any, in the Contract Time.

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Section 1.3.28., “Commission,” is deleted and replaced by the following:

3.28. Commission. The North Texas Tollway Authority, a regional tollway authority and a political subdivision of the State of Texas authorized and existing pursuant to Chapter 366 of the Texas Transportation Code, unless the context clearly indicates a contrary intent and meaning.

Section 1.3.34., “Contract,” is deleted and replaced by the following:

3.34. Contract. The agreement between NTTA and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract Documents.

Section 1.3.35., “Contract Documents,” is deleted and replaced by the following:

3.35. Contract Documents. Elements of the Contract including, but not limited to, the plans, the form of Contract attached hereto, the Standard Specifications, the General Notes and Specification Data attached hereto, the Special Provisions attached hereto, the Special Specifications attached hereto, the forms of Disclosure Statement, Certification, Affidavit, Contractor’s Assurance, contract bonds and similar provisions attached hereto, and all addenda thereto and all change orders and supplemental agreements thereto, together with the conditions of the Proposal and all applicable provisions of the Procurement Policy.

Section 1.3.45., “Debar (Debarment),” is deleted and replaced by the following:

3.45. Debar (Debarment). Action taken by NTTA, Texas Department of Transportation, or federal government pursuant to regulations that prohibit a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a project of NTTA or in a highway improvement Contract as defined in Transportation Code, Chapter 223, Subchapter A.

Section 1.3.47., “Department,” is deleted and replaced by the following:

3.47. Department. The North Texas Tollway Authority, a regional tollway authority and a political subdivision of the State of Texas authorized and existing pursuant to Chapter 366 of the Texas Transportation Code, unless specifically stated otherwise or where the context clearly indicates a contrary intent and meaning to be the Texas Department of Transportation.

Section 1.3.50., “Disadvantaged Business Enterprise (DBE),” is deleted and replaced by the definition set forth in the NTTA Business Diversity Department Contracting & Compliance Manual (CCM) and as supplemented in the front end document to the contract titled “Disadvantaged, Minority, Women-Owned and Small Business Enterprise Program.”

Section 1.3.54., “Engineer,” is deleted and replaced by the following:

3.54. Engineer. The Assistant Executive Director of Infrastructure for NTTA, or his or her duly authorized representative acting within the scope of his or her authority.

Section 1.3.60., “Hazardous Materials or Waste,” is deleted and replaced by the following:

3.60. Hazardous Materials or Waste. The term Hazardous Materials or Waste shall mean any hazardous or toxic substances, materials, or wastes including, but not limited to, a “hazardous

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substance” under 40 C.F.R. part 302, a “hazardous waste” under 40 C.F.R. part 261, asbestos, petroleum, polychlorinated biphenyls, lead-based paint, and any substance or waste regulated under state law by the Texas Commission on Environmental Quality or the Texas Railroad Commission.

Section 1.3.73., “Letting Official,” is deleted and replaced by the following:

3.73. Letting Official. The NTTA employee empowered by the Executive Director of the NTTA to officially receive bids and close the receipt of bids at a letting.

Section 1.3.125., “Special Provisions,” is supplemented by the addition of the following:

Special provisions include, but are not limited to, Important Notices to Contractors included with the proposal form.

Section 1.3.128., “Small Business Enterprise (SBE),” is deleted and replaced by the definition set forth in the NTTA Business Diversity Department Contracting & Compliance Manual (CCM) and as supplemented in the front end document to the contract titled “Disadvantaged, Minority, Women-Owned and Small Business Enterprise Program.”

Section 1.3.129., “State,” is deleted and replaced by the following:

3.129. State. The North Texas Tollway Authority, a regional tollway authority and a political subdivision of the State of Texas authorized and existing pursuant to Chapter 366 of the Texas Transportation Code, unless the context clearly indicates a contrary intent and meaning.

Section 1.3.138., “Supplemental Agreement,” the second sentence is deleted and replaced by the following:

A supplemental agreement will be used by NTTA whenever the modifications include: (1) assignment of this Contract from one entity to another, (2) a change in the name of the Contractor, (3) an agreement with the Surety to complete a defaulted contract, or (4) other cases desired by NTTA.

Section 1.3.154., “Work Order,” is supplemented by the addition of the following:

3.154. Work order also shall be defined as the “Notice to Proceed.”

Article 1.3., “Definitions,” is supplemented by the addition of the following:

3.156. Authority or NTTA. The North Texas Tollway Authority (NTTA), a regional tollway authority and a political subdivision of the State of Texas authorized and existing pursuant to Chapter 366 of the Texas Transportation Code.

3.157. Construction Contract Closeout Process. A process for closeout of construction contract to ensure that all specified work has been completed in accordance with requirements of the contract, that all documents of record have been received, and that all financial aspects of the contract are addressed and resolved.

3.158. Consulting Engineers. The consultant to NTTA, with that term being further defined in the Trust Agreement, or its duly authorized representative. See General Notes and Specification Data for the assigned Consulting Engineers.

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3.159. Construction Manager. The consultant to NTTA, or the employee of the NTTA so designated, providing construction management, oversight, coordination, and liaison among contractors, the public, local governments, consultants, engineers, and NTTA. Unless otherwise designated by NTTA, the Construction Manager shall serve as the Engineer.

3.160. County. A political subdivision of the State as stated under Article 9, “Counties,” of the Texas Constitution.

3.161. Design Section Engineer. The consultant to NTTA charged by NTTA with responsibility to develop and manage the design of a roadway section of the project corridor. See General Notes and Specification Data for the assigned Design Section Engineer.

3.162. Diversity Policy. The Disadvantaged, Minority, Women-Owned and Small Business Enterprise Policy originally adopted by the NTTA Board of Directors under Resolution 10-19. The Diversity Policy Statement incorporates the policies, objectives, and requirements of state and federal laws relating to procurement and contracts, and outlines the specific programs established by NTTA to ensure participation of disadvantaged, minority, women-owned, and small businesses in NTTA procurement opportunities.

3.163. Final Completion. As defined in Article 8.6, “Failure to Complete Work on Time,” as set forth in the Special Provision to Item 8, “Prosecution and Progress.”

3.164. North Texas Tollway Authority System. A grouping of the following Turnpike projects of NTTA: the Dallas North Tollway, the Addison Airport Toll Tunnel, the President George Bush Turnpike, the Chisholm Trail Parkway, the Mountain Creek Lake Bridge, the Lewisville Lake Toll Bridge, and the Sam Rayburn Tollway, together with all present and future expansions, extensions, enlargements, improvements, and rehabilitations thereto, all of which being financed, constructed, operated and administered by NTTA as a single operating system.

3.165. Procurement Policy. The “Policy Regarding Procurement of Goods and Services and Disposition of Property by the North Texas Tollway Authority,” adopted by NTTA under NTTA Resolution 12- 64, as amended from time to time.

3.166. Project. The construction improvement, expansion, and enlargement by NTTA of the North Texas Tollway Authority System, the North Texas Tollway Authority Special Projects System or any other turnpike project that NTTA is authorized by law to construct, improve, expand, or enlarge through the performance of the work, including the construction of turnpike main lanes, service roads, approach roadways, interchanges, intersections, ramps, toll facilities, bridges, buildings, and landscaping, and/or, where appropriate, the modification of existing structures and roadway, all in conformance with (a) the Contract, (b) the latest version of a Trust Agreement, as supplemented from time to time by Supplemental Trust Agreements (collectively the “Trust Agreement”), establishing and governing the operation of both the North Texas Tollway Authority System and the North Texas Tollway Authority Special Projects System, and governing the revenue bonds from which the cost of constructing the project will be paid, (c) all other applicable documents governing additional sources of funding for the project (if any), and (d) the provisions of Chapter 366 of the Texas Transportation Code, as amended, hereinafter referred to as the “Turnpike Act.”

3.167. Substantial Completion. As defined in Article 8.6, “Failure to Complete Work on Time,” as set forth in the Special Provision to Item 8, “Prosecution and Progress.”

3.168. Temporary Structures. All temporary bridges, culverts, and structures required to maintain traffic during the construction of the work.

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Special Provision to Item 2 Instruction to Bidders

Item 2, “Instruction 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 2.2., “Eligibility of Bidders,” is deleted and replaced by the following:

2. ELIGIBILITY OF BIDDERS

The Bidder must be capable of performing each of the various items of the work for which a bid is submitted.

Unless otherwise noted in the Proposal, at the time of bid submission the Bidder must be prequalified with TXDOT as a bidder of sufficient financial strength and competency to be considered for performing all aspects and meeting all requisites of this Proposal, and the estimated cost of the proposed Contract must be within the Bidder’s available bidding capacity. NTTA reserves the right, at its sole option, to request a hard copy of the TXDOT prequalification and any additional information from the low bidder as a proof of current eligibility prior to award of the contract.

Unless otherwise noted in the proposal, a firm not prequalified with TxDOT and/or not having a bidding capacity within the estimated cost of the proposed Contract shall not be eligible to bid, and any bid submitted by such a firm shall be rejected and shall not be considered by NTTA. In the case of a joint venture, unless otherwise noted in the proposal, all joint venture participants must be prequalified with TxDOT, and an equally divided portion of the estimated cost of the proposed Contract must be within each participant’s available bidding capacity.

Article 2.3., “Issuing Proposal Forms,” is deleted and replaced by the following:

3. ISSUING PROPOSAL FORMS

3.1. Request for Proposal Forms. A potential Bidder may view and download the plans, specifications, and other related contract documents of a specific project online from NTTA Marketplace at www.nttamarketplace.org/bso.

3.2. Non-issuance of Proposal Forms for Construction Contracts. A potential Bidder will not be eligible to submit its bid if one or more of the following apply:

 the Bidder has not registered on NTTA Marketplace (www.nttamarketplace.org/bso) prior to submitting its bid,  the Bidder is suspended or debarred by NTTA, Texas Transportation Commission, TxDOT or any federal or state agency,  the Bidder has not fulfilled the requirements for prequalification,  the Bidder does not have the available bidding capacity,  the Bidder is prohibited from rebidding a specific proposal form due to a bid error on the original proposal form,  the Bidder failed to enter into a Contract of the original award,

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 the Bidder was defaulted or terminated on the original contract, unless NTTA terminated, in its sole discretion, for the best interest of NTTA or the public,  the Bidder or a subsidiary or affiliate of the Bidder has received compensation from NTTA to participate in the preparation of the plans or specifications on which the bid or Contract is based, or  the Bidder is ineligible to bid on any proposed Contract in accordance with Article 7.15., “Responsibility for Damage Claims,” of Special Provision to Item 7 “Legal Relations and Responsibilities.”

Article 2.5., “Examining Documents and Work Locations,” is supplemented by the addition of the following:

The estimate of quantities shown on the plans or in the Proposal, whether based on subsurface investigations or not, are in no way warranted to indicate the true quantities or distribution of quantities. Contractor has visited the site, has become familiar with local conditions under which the Work is to be performed, and has reviewed the geotechnical report provided by NTTA, if applicable. However, NTTA does not warrant the accuracy of information in that report. The Contract Documents are complementary, and every obligation contained in any document shall be binding on Contractor. A most recently issued document takes precedence over previous issues of the same document. The Contractor is solely responsible for complying with the design, engineering, and construction details, etc. to complete the Work and to provide a functioning project. Finally, as further detailed below, the Contractor is obligated to perform all Work in compliance with all applicable codes and laws.

Make direct requests in writing to NTTA via the Q&A section on NTTA Marketplace for clarification and/or explanation of the proposal, plans, special notices, Standard Specifications, Special Provisions to the Standard Specifications, Special Specifications, General Notes and Specification Data, or any other Contract Documents. Any response by NTTA to Bidders’ requests will be based upon such information and knowledge available to NTTA at the time of the request; however, NTTA does not warrant the accuracy of any such response. Questions not received via NTTA Marketplace or received after the bid question deadline may not be answered.

Except for the Pre-Bid Conference and any other meeting specifically authorized by the Solicitation Contact Person (or designee) as part of the Response evaluation during the solicitation process, there must be no contact regarding this Proposal between a Bidder’s owners, officers, directors, employees, agents, contractors, subconsultants, or other parties acting on a Bidder’s behalf and any NTTA Board member, employee, agent, or consultant, other than the Solicitation Contact Person. Notwithstanding this prohibition on contact, Bidder may reach out to NTTA’s Senior Director of Procurement Services and Business Diversity regarding a Proposal or NTTA’s Business Diversity Department regarding any questions and/or clarifications about business diversity requirements for a Proposal. A Bidder’s failure to comply with this provision will be grounds for NTTA’s disqualification of a Bidder and rejection of its Bid.

Article 2.6., “Preparing the Bid,” is supplemented by the addition of the following:

Include, in a form prescribed by NTTA, a certification of eligibility status. The certification shall describe any suspension, debarment, voluntary exclusion, or ineligibility determination actions by an agency of the federal government, and any indictment, conviction or civil judgment involving fraud or official misconduct, each with respect to the Bidder or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director/supervisor, manager, auditor or a position involving the administration of federal funds, and shall cover the three (3) year period immediately preceding the date of the proposal.

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Information adverse to the Bidder as contained in the certification will be reviewed by NTTA and may result in rejection of the bid and disqualification of the Bidder.

Article 2.7., “Nonresponsive Bid,” is supplemented by the addition of the following:

Bids may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration of words or figures or erasures not initialed by the person or persons signing the proposal or irregularities of any kind.

Article 2.8., “Electronic Bid,” is deleted and not replaced.

Section 2.9.2.1., “Guaranty Check,” is amended by replacing the reference to:

9.2.1. “Texas Transportation Commission or the Texas Department of Transportation” with “North Texas Tollway Authority”.

Section 2.9.3, “Submittal of Bid,” is deleted and replaced by the following:

9.3. Submittal of Bid. Place the completed proposal form, the certification required under Article 2.6, the proposal guaranty, the total bid amount form, the bid price schedule, the affidavits, and other required documents as specified in the Proposal Book 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. The mailing envelope or outermost envelope should clearly state the bid or response name and number and be addressed to the attention of the Director of Procurement Services / NTTA Letting Official. It is the bidder’s responsibility to ensure that the sealed bid arrives at the location described in the official advertisement on or before the time and date set for the bid opening. The NTTA customer receptionist will stamp the date and time on the proposal envelope upon receipt and this will serve as the official date and time used for the bid opening purpose. Any discrepancies between the official time and any other time keeping devices will not be the responsibility of NTTA. To be accepted, the bid must be in the hands of the Director of Procurement / NTTA Letting Official by that time of opening regardless of the method chosen for delivery and must conform to any and all specific requirements identified in the Proposal.

Section 2.11.3., “Rounding of Unit Prices,” is deleted and replaced by the following:

11.3. Rounding of Unit Prices. NTTA will round off all unit bids involving fractional parts of a cent to the nearest whole cent ($0.01) 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-tenths of a cent ($0.005) or more will be rounded up to the next highest cent, while entries less than five- tenths of a cent will be rounded down to the next lowest cent.

Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, will be tabulated as one whole cent ($0.01).

Section 2.11.5.5., “Home State Bidding Preference,” is deleted and not replaced.

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Article 2.12., “Consideration of Bid Errors,” is amended by deleting the last paragraph and replacing with the following:

Acceptance of the bid error claim will, as determined solely by NTTA, result in either:  rejection of all bids; or  award of the Contract to the second lowest Bidder, provided that the second lowest Bidder’s unit bid prices are reasonable, as determined by the Executive Director, and the Executive Director recommends in writing the award of the Contract to the second lowest Bidder.

If NTTA elects to reject all bids, the erring Contractor will not be allowed to rebid the project when it is relet and may be subject to sanctions by NTTA.

When there are minor errors or omissions in the bid proposal, the Director of Procurement Services/NTTA Letting Official, in his or her sole discretion, may provide waivers that are in the best interest of the NTTA and to the extent are not inconsistent with the NTTA’s procurement policy or applicable law.

Item 2., “Instruction to Bidders,” is supplemented by the addition of the following Article:

14. CHILD SUPPORT ORDER COMPLIANCE

A child support obligor who is more than thirty (30) days delinquent in paying child support, and a business entity in which the obligor is a sole proprietor, partner, shareholder, member, or owner with an ownership interest of at least 25%, are not eligible to receive payments from state funds under a contract to provide property, materials or services, or receive a state-funded grant or loan.

If the project is funded in whole or in part with state funds or by a state-funded grant or loan, by signing the Contract, the Contractor shall be deemed to:

 certify, under penalty of perjury under the laws of the State of Texas, that the sole proprietor, partner, shareholder, member, or owner of the firm is not thirty (30) or more days delinquent in providing child support;  acknowledge that NTTA is relying on the foregoing material representation of fact in entering into the Contract;  agree that if it is later determined that the Contractor knowingly rendered an erroneous representation, then, in addition to other remedies available, NTTA may terminate the Contract for cause or default; and  agree to provide immediate written notice to NTTA if at any time it learns that its representation was erroneous when submitted or has become erroneous by reason of changed circumstances.

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Special Provision to Item 3 Award and Execution of Contract

Item 3, “Award and Execution of Contract,” 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 3.1, “Award of Contract,” is deleted and replaced by the following:

1. AWARD OF CONTRACT

NTTA or designated representative will award, reject all proposals, or defer the Contract within 60 days following the opening of proposals. NTTA reserves the right to reject any or all proposals and to waive technicalities, which are in the best interest of NTTA.

The award of the Contract shall occur when NTTA’s Board of Directors (“Board”) or a designated representative duly authorized by the Board to award Contracts accepts a Contractor’s bid for a proposed Contract and authorizes NTTA to enter into the Contract.

1.1. Award. NTTA or designated representative will award the Contract to the lowest responsible Bidder as determined by Article 2.11, “Tabulating Bids.” NTTA may award a Contract to the second lowest responsible Bidder when all of the following requirements have been met:

 the lowest responsible Bidder withdraws its bid, or NTTA determines the lowest Bidder materially fails to meet NTTA’s qualification requirements, or NTTA rejects the lowest bid under Section 3.1.2, “Rejection”;  the second lowest responsible Bidder’s unit bid prices are reasonable as determined by the Executive Director; and  the Executive Director recommends in writing the award of the Contract to the second lowest responsible Bidder.

1.2. Rejection of Low Bid. NTTA will reject the low bid and, if the same or substantially the same Contract is relet, the Bidder will not be allowed to bid on such Contract, if either:

 the low bid is mathematically and materially unbalanced; or  the low bid contains a bid error that satisfies the requirements and criteria in Article 2.12, “Consideration of Bid Errors.”

1.3. Rejection of All Bids. NTTA will reject all proposals if any of the following exist:

 collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future proposals for the same Contract;  the lowest bid is materially higher than NTTA’s estimate and NTTA determines that re- advertising for bids is likely to result in a lower bid; or  rejection of the Contract is in the best interest of NTTA.

1.3. Deferral. NTTA may defer the award of the Contract or reject any or all proposals when deferral or rejection is in the best interest of NTTA.

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Article 3.3, “Disadvantaged Business Enterprise (DBE)/Small Business Enterprise (SBE),” is deleted and replaced by the following:

3. DISADVANTAGED, MINORITY, WOMEN-OWNED AND SMALL BUSINESS ENTERPRISE (D/M/W/SBE)

Submit all Subcontractor information in the timeframe specified when required by the proposal.

Section 3.4.2, “Bonds.” The second paragraph is deleted and replaced by the following:

If required under the proposal, submit within 15 days, after written notification of the award of the Contract, an executed warranty bond with powers of attorney in the amount specified in the proposal. Furnish the warranty bond as a guaranty for NTTA for the faithful performance of all warranty obligations regarding the work.

Article 3.4.4, “Business Ownership Information,” is deleted and not replaced.

Article 3.4, “Execution of Contract,” is supplemented by the following:

4.7. Certificate of Interested Parties Disclosure. Submit a signed notarized Certificate of Interested Parties Disclosure Form 1295 downloaded from the Texas Ethics Commission’s website.

Article 3.5, “Failure to Enter Contract,” is deleted and replaced by the following:

5. FAILURE TO ENTER CONTRACT

5.1 Forfeiture of Proposal Guaranty. If the Contractor fails to comply with any of the requirements in Article 3.3, “Disadvantaged, Minority, Women-Owned and Small Business Enterprise (D/M/W/SBE),” or Article 3.4, “Execution of Contract,” of this Special Provision, the Proposal Guaranty will become the property of NTTA, not as a penalty, but as liquidated damages. The Contractor, by submitting a proposal, acknowledges and agrees that the actual amount of losses and expenses resulting from its failure to execute, file or furnish any of the foregoing items would be impossible or extremely difficult to determine, and that the liquidated damages amount represented by the Proposal Guaranty constitutes a fair and reasonable estimate by the parties of the amount of said losses and damages. A Bidder who forfeits its proposal guaranty in accordance with this Article 3.5, “Failure to Enter Contract” will not be considered in future proposals for the same work unless there has been a substantial change in the design of the project subsequent to the forfeiture of the proposal guaranty.

5.2 Award to Second Lowest Bidder. If the Contractor fails to comply with any of the requirements in Article 3.3 “Disadvantaged, Minority, Women-Owned and Small Business Enterprise (D/M/W/SBE)” or in Article 3.4, “Execution of Contract” of this Special Provision, NTTA may rescind the award to the lowest responsible bidder and subsequently award the Contract to the second lowest responsible Bidder when all of the following requirements have been met:

 the second lowest responsible Bidder’s unit bid prices are reasonable, as determined by the Executive Director; and  the Executive Director recommends in writing the award of the Contract to the second lowest responsible Bidder.

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If NTTA awards the Contract to the second lowest responsible bidder, the second lowest responsible bidder shall comply with all of the requirements of Article 3.3, “Disadvantaged, Minority, Women-Owned and Small Business Enterprise (D/M/W/SBE)” and Article 3.4, “Execution of Contract” of this Special Provision.

Article 3.6, “Approval and Execution of Contract,” is deleted and replaced by the following:

6. AWARD AND EXECUTION OF CONTRACT

NTTA’s award and execution of this Contract will be made or withheld pursuant to the provisions of the Regional Tollway Authority Act and NTTA’s Procurement Policy. Until the Contract is fully executed, the award of the Contract confers no rights on the firm or person to whom the Contract is awarded. Without limiting the foregoing, if NTTA determines that termination of the procurement is in the best interest of NTTA or the public, then regardless of whether the award has been made, NTTA may terminate the procurement at any time before NTTA’s execution of the Contract. By submitting a bid, each Bidder waives any and all claims against NTTA for all loss, cost expense, liability, or other damages suffered by the Bidder due to NTTA’s termination of the procurement before the full execution of the Contract.

Article 3.7, “Return of Proposal Guaranty,” is deleted and replaced by the following:

7. RETURN OF PROPOSAL GUARANTY

The Proposal Guaranty check of the two lowest Bidders will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned.

Item 3, “Award and Execution of Contract,” is supplemented by the addition of the following Articles:

11. INDEPENDENT CONTRACTOR

The Work shall be performed in accordance with the Contract Documents. Contractor shall further perform the Work as follows:

11.1 Contractor shall prosecute the Work in a good and workmanlike manner, continuously and diligently in accordance with generally accepted standards for contractors in the location of the Project who are performing Work similar to the Work required under the Contract Documents.

11.2 All Work shall be subject to the approval of NTTA, and shall be performed consistent with the prevailing industry standards allowed by law furnished hereunder, shall be of high quality, shall be complete in all respects, and shall comply with the Specifications and the other terms of the Contract, and shall include all typical and reasonable services required in connection with providing such Work.

11.3 Contractor shall use qualified, careful, and efficient workers and Subcontractors and will confirm that all personnel performing the Work, whether employed by it or by Subcontractors, are licensed (where required by law) to perform their duties, are legally qualified to work in the United States.

11.4 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except for damage or loss attributable to acts or omissions of NTTA or by anyone for whose acts either of them may be liable, and not

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attributable to the fault or negligence of the Contractor. Contractor shall be liable to NTTA and shall indemnify NTTA for acts and omissions of the Contractor’s employees, Subcontractors and their respective agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors, as described in Item 7.

11.5 Contractor agrees it is an independent contractor to NTTA and that under no circumstances will this Agreement be construed as one of agency, partnership, joint venture or employment between the parties. The Contractor agrees that neither it nor any of its employees, sub-consultants, or Subcontractors will be considered an employee or agent of NTTA for any purpose. Contractor shall not represent itself to any party as being an agent of NTTA, the Consulting Engineers, the Design Section Engineer, the Corridor Manager, or the Construction Manager. Nothing in this Contract is intended to create, nor shall be deemed or construed by the parties or by any third party as creating, (1) the relationship of principal and agent, partnership or joint venture between the Contractor and NTTA, the Consulting Engineers, the Design Section Engineer, or the Construction Manager, or (2) a joint enterprise between the Contractor and NTTA, the Consulting Engineers, the Design Section Engineer, the Corridor Manager, the Construction Manager and/or any other party. Without limiting the foregoing, the purposes for which the Contractor and NTTA have entered into this Contract are separate and distinct, and there are no pecuniary interests, common purposes and/or equal rights of control among the parties hereto. Notwithstanding the foregoing, Contractor shall not employ any person or independent contractor or allow any such person or independent contractor to perform Work at the project to whom NTTA has a reasonable objection.

11.6 Contractor shall comply with and give notices required by applicable laws, ordinances, governmental rules and regulations, and lawful orders of public authorities, including those bearing on safety of persons and property and their protection from damage, injury or loss applicable to the Contractor’s performance of the Work and with regard to any design services that Contractor is required to perform as part of its scope of the Work.

11.7 Confirm that all required rights of entry have been obtained and take all appropriate steps to ensure the safety of the Contractor’s employees and of the public in connection with its pursuit of the services provided under the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (i) all personnel on the Work and other persons who may be affected thereby; (ii) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or sub-subcontractors; and (iii) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

11.8 Contractor is responsible for any restrictions on labor (including but not limited to union representation, wage rates, D/M/W/SBE requirements) for personnel performing the Work, and Contractor assumes any risks to project costs or time as a result of adverse impacts to the labor force or labor charges as a result of working or market conditions.

12. SOLE BENEFIT

This Contract is entered into for the sole benefit of NTTA and the Contractor and, where permitted pursuant to Article 3.9, “Assignment of Contract,” their respective successors and assigns. Nothing in this Contract or in any approval subsequently provided by either party hereto shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other

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entity, including, without limitation, the public in general or any member thereof, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries, property damage or any other relief in law or equity in connection with this Contract.

13. INTERPRETATION

No provision of this Contract shall be construed against or interpreted to the disadvantage of any party by any arbitrator or any court or other governmental or judicial authority by reason of such party having or being deemed to have drafted, prepared, structured or dictated such provisions. NTTA and the Contractor are of equal bargaining position and have executed this Contract of their own free wills after consulting with competent legal counsel, and both parties are fully informed of and familiar with its terms.

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Special Provision to Item 3 Award and Execution of Contract

Item 3, “Award and Execution of Contract” 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 3.4.3, “Insurance” is deleted and replaced by the following:

4.3. Insurance. Do not commence work under the Contract until furnishing NTTA with satisfactory proof that Contractor has provided insurance of such character and in such amounts as set forth below. Submit complete policies or certificates evidencing the policy coverages and stipulations. Certificate submittals shall be provided on forms adopted by the Association for Cooperative Research and Development (ACORD).

Purchase and maintain in full force and effect until completion of the work and the expiration of the applicable Texas statute of limitations such insurance as will cover the obligations and liabilities of Contractor and its agents, employees, and subcontractors which may arise from operations under this Contract. All such insurance shall be written with companies having an A.M. Best Financial Strength Rating of A- or better, and be in a Financial Size Category of X or greater. All policies shall be on Occurrence Forms. Claims Made Policy Forms are not acceptable. All companies must be acceptable to NTTA.

Each of the required policies in Sections 3.4.3.1, “Worker’s Compensation,” 3.4.3.2, “Commercial General Liability Insurance,” and 3.4.3.3, “Business Auto Liability Insurance” listed below, shall be endorsed to reflect a “Waiver of Subrogation” in favor of NTTA.

NTTA, Section Engineer, the Consulting Engineers, and the Construction Manager(s) shall be included as Additional Insureds by endorsement to all policies issued required under this Article other than Workers’ Compensation insurance policies.

Until the expiration of the applicable Texas statute of limitations, secure and maintain, in Contractor’s own name, the following:

4.3.1. Workers’ Compensation in compliance with the laws of the State of Texas and Employer’s Liability insurance with minimum limits of:

$ Statutory Each Accident $ Statutory Disease Policy Limit $ Statutory Disease Each Employee

4.3.2. Commercial General Liability Insurance on a per project basis covering the Contractor with minimum limits of:

2004 ISO, CGL or Equivalent Limits for Bodily Injury and/or Property Damage: $ 5,000,000 General Aggregate $ 5,000,000 Products and Completed Operations Aggregate

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$ 5,000,000 Personal and Advertising Injury $ 2,000,000 Each Occurrence $ 500,000 Fire Damage

The policy must have Endorsement CG-25-03 (Amendment - Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site.

X Required for this Contract Not required for this Contract

The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverages. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.

X Required for this Contract Not required for this Contract

4.3.3. Business Auto Liability Insurance with minimum limits of $ 1,000,000 Combined Single Limit for Bodily Injury and/or Property Damage, including Owned, Hired and Non-Ownership Liability Coverage. This policy shall not contain any limitation with respect to a radius of operation for any vehicle covered, and shall not exclude from the coverage of the policy any vehicle to be used in connection with the work.

X Required for this Contract Not required for this Contract

4.3.4. Umbrella Liability with minimum limits of $ 10,000,000 per occurrence and in the aggregate annually, as applicable, within the underlying policies. The Umbrella Policy shall contain the provision that it will continue in force as an underlying insurance in the event of exhaustion of underlying aggregate policy limits.

X Required for this Contract Not required for this Contract

4.3.5. Builder’s Risk Insurance shall be secured and maintained by the Contractor, at the Contractor’s expense, and kept in full effect until final acceptance by the NTTA. The Contractor shall be financially responsible for any deductible applied to losses under such Builder’s Risk policy. Coverage shall include “all risks” including loss or damage by fire, lightning, windstorm, flood, earthquake, hail, explosion, riot, riot attending a strike, civil commotion, terrorism, aircraft, vehicles, smoke, vandalism, malicious mischief, theft, and other such risks as are now or hereafter included in the uniform standard extended coverage endorsement in common use or otherwise customarily insured for similar structures in the geographic area of the Project. The minimum amount of coverage to be carried shall be in an amount equal to 35 percent of the full amount payable to the Contractor under the Contract. In the event the summation of change orders increases the Contract in excess of ten percent (10%), the minimum amount of coverage shall be increased to an amount equal to 35 percent of the full amount payable to the Contractor under the revised Contract. Coverage shall not be reduced as a result of any reductive change orders. Costs of repair for damage are not reimbursable by NTTA in accordance with this Special Provision.

Required for this Contract X Not required for this Contract

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4.3.6. 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 of NORTH TEXAS TOLLWAY AUTHORITY - SPECIAL PROVISION - IMPORTANT NOTICE TO CONTRACTORS - "RAILROAD CONSTRUCTION AND INSURANCE REQUIREMENTS," which is a part of the contract, including, but not limited to, the insurance requirements thereof.

Required for this Contract X Not required for this Contract

4.3.7. Insurance for any Subcontractor hired to work on this Contract will be the responsibility of the Primary Contractor and may be addressed by one of the following options:

4.3.7.1. Option 1: The Contractor shall secure and maintain, until the expiration of the applicable Texas statute of limitations, Certificates of Insurance from all subcontractors, evidencing the proper types of insurance coverages for the work to be performed by the Subcontractor. The Contractor shall also ensure that the Subcontractor’s required insurance coverages are in amounts sufficient to cover the type of work assigned to the subcontractor; or

4.3.7.2. Option 2: The Contractor shall take responsibility for the subcontractor’s insurance coverage by including the subcontractor as an additional insured under their required insurance coverages.

Insurance Certificates of subcontractors and sub-subcontractors will be maintained by the Contractor for the duration of the project.

4.3.8. Insurance During Warranty Period. If one or more Warranty Bonds are required by this Contract, the Contractor shall secure and maintain, in its own name, proof of Workers’ Compensation/Employer’s Liability insurance, Commercial General Liability insurance, Business Auto Liability insurance, and Umbrella Liability insurance during the duration of all warranty work covered by such Warranty Bonds. The Contractor shall not commence any warranty work until it has furnished the Authority with satisfactory proof that it has provided insurance of such character and in such amounts as set forth below. The requirements for such liability insurance policies are same as stated above in Sections 3.4.3.1, “Workers’ Compensation,” 3.4.3.2, “Commercial General Liability Insurance,” 3.4.3.3, “Business Auto Liability Insurance,” and 3.4.3.4, “Umbrella Liability” of this Special Provision, except for the coverage amounts, which are as follows:

Each of the required policies in Sections 3.4.3.8.1, “Workers' Compensation/Employer's Liability Insurance,” 3.4.3.8.2, “Commercial General Liability Insurance,” and 3.4.3.8.3 “Business Auto Liability Insurance” of this Special Provision, listed below, shall be endorsed to reflect a “Waiver of Subrogation” in favor of NTTA.

Additional Insured during warranty period must name the same entities as listed in this Contract. If the warranty work is within the limits of the railroad right-of-way, the insurance requirements of the railroad must also be provided during the period the Contractor is performing the warranty work. X Required for this Contract Not required for this Contract

4.3.8.1. Workers' Compensation/Employer's Liability Insurance with minimum limits of:

$ Statutory Each Accident $ Statutory Disease Policy Limit $ Statutory Disease Each Employee

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4.3.8.2. Commercial General Liability Insurance with minimum limits of:

2004 ISO, CGL or Equivalent Limits for Bodily Injury and/or Property Damage: $ 2,000,000 General Aggregate $ 2,000,000 Products and Completed Operations Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence $ 500,000 Fire Damage

The policy must have Endorsement CG-25-03 (Amendment - Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site.

X Required for this Contract Not required for this Contract

The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.

X Required for this Contract Not required for this Contract

4.3.8.3. Business Auto Liability Insurance with minimum limits of $ 1,000,000 Combined Single Limit for Bodily Injury and/or Property Damage, including Owned, Hired and Non-Ownership Liability Coverage.

X Required for this Contract Not required for this Contract

4.3.8.4. Umbrella Liability with minimum limits of $ 5,000,000 per occurrence and in the aggregate annually, as applicable, within the underlying policies. The Umbrella Policy shall contain the provision that it will continue in force as an underlying insurance in the event of exhaustion of underlying aggregate policy limits.

X Required for this Contract Not required for this Contract

4.3.8.5. Liability insurance coverages during warranty periods shall continue only during the period when the Contractor is performing warranty work.

4.3.9 The insurance carrier shall include in each of the insurance policies required under this Article the following statements:

This policy shall not be canceled or materially changed nor non-renewed during the period of coverage without at least thirty (30) days’ written prior notice to the North Texas Tollway Authority, 5900 West Plano Parkway, Suite 100, Plano, Texas 75093, Attention: Insurance Program Administrator.

To the extent such statement is not available from the insurance carrier, the Contractor agrees to provide Owner with prompt written notice of such cancellation, material change or non-renewal not more than three (3) business days after the date on which Contractor first became aware of such occurrence.

The Contractor shall be responsible for any deductible stated in any policy required under the Contract.

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Carry the insurance specified above until all work required to be performed under the terms of this Contract is satisfactorily completed, as evidenced by the formal acceptance thereof and final payment of all amounts owed the Contractor by NTTA, or provide, prior to the end of coverage, a new Certificate of Insurance. If, for any reason, the required insurance coverage is not kept in force, stop all work until acceptable documentation is provided to NTTA. Notify NTTA, in writing, by certified mail or hand delivery of any material change in the insurance coverage of the Contractor or any subcontractor or sub-subcontractor within 10 days of such change.

On all policies, the insurer shall certify that the aggregate amount shown on insurance limits is in full force and has not been diminished.

Neither the approval by NTTA of any insurance supplied by a Contractor nor the failure to disapprove that insurance shall relieve the Contractor from full responsibility for any liability as set forth herein.

No special payments shall be made for any insurance that the Contractor may be required to carry, but all costs thereof shall be included in the price bid for the various items included in the proposal. Bidders shall determine all the kinds and cost of insurance that may be required before submitting their bids and shall submit acceptable evidence of same to NTTA pursuant to the provisions of Article 3.4, “Execution of Contract.”

The Contractor hereby waives any and every claim which arises or may arise in its favor against NTTA, the Engineer, the Construction Manager, the Section Engineer, and the Consulting Engineers and their respective owners, directors, officers, employees, consultants, contractors, and agents pursuant to this Contract which is covered, in whole or in part, by insurance provided or to be provided pursuant to the terms hereof. Such waiver shall be in addition to, and not limitation of, any other waiver or release contained in this Contract. Inasmuch as such waiver shall preclude the assignment of any aforesaid claim by way of subrogation or otherwise to an insurance company (or any other person), the Contractor hereby agrees immediately to give to each insurance company which has issued policies of insurance pursuant hereto written notice of the terms of such waiver and to cause such insurance policies to be properly endorsed, if necessary, to prevent the invalidation of such insurance coverages by reason of such waiver.

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130 004.03

4. Special Provision to Item 4 Scope of Work

Item 4, “Scope of Work,” 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 4.4, “Changes in the Work,” is amended as follows:

All references to “change order” are replaced by “Change Order.”

Article 4.5, “Differing Site Conditions,” is amended by deleting the last sentence and replacing with the following:

No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has notified the Engineer in writing of its intentions to make a claim for additional compensation under this Article before beginning such work, and in all events, such notification should be made at once whenever the Contractor has (or should have) knowledge of the condition(s) providing the basis for such claim. An assessment of damages is not required, but is desirable. No contract adjustment which results in a benefit to the Contractor will be allowed unless NTTA executes a written Change Order approving the same. If such notice is not given and the Engineer is not provided an opportunity to keep an accurate account of the actual cost of the work in question, then the Contractor waives its right to file a claim for such work, unless the circumstances are such that the Contractor could not reasonably have knowledge of the additional cost prior to the performance of the work. Notice of claim by the Contractor and the documentation of the cost of the work by the Engineer shall not be construed as proof or substantiation of the validity of the said claim.

No contract adjustment will be allowed under this Article for any effects caused by unchanged work.

Article 4.6, “Requests for Additional Compensation and Damages,” is supplemented by the addition of the following:

6.4 Extension of Time. If the Work on any Critical Path item is delayed through no fault of the Contractor or its subcontractors or any entity for which it has responsibility and the Contractor has exercised reasonable efforts to recover from such delay, then the Contractor may be entitled to an extension of time within which to perform the Work. Notwithstanding anything to the contrary elsewhere in the Contract, the Contractor hereby acknowledges and agrees that in no event shall Contractor be entitled to increased costs or compensation of any kind as a result of any delay, inefficiency, disruption, hindrance, acceleration or other impediment. With respect to delays resulting from inclement weather, the Contractor shall anticipate average or usual number of inclement days when work cannot proceed and the same shall not be considered as warranting extensions of time under this Article 4.6. If, however, the Engineer determines that the Contractor is or has been delayed by conditions of weather, seasons, or flood conditions of such unusual severity as to have been unforeseeable and so as to have rendered the Contractor’s timely performance pursuant to the terms of the Contract impossible, the Engineer may grant an extension of time. A request for an extension of time under this article shall be made in accordance with Article 8.9, “Extension of Time,” as set forth in the Special Provision to Item 8, “Prosecution and Progress.”

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Article 4.7, “Dispute or Claims Procedure,” is deleted and not replaced.

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Special Provision to Item 5 Control of the Work

Item 5, “Control of the Work,” 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 5.2., “Plans and Working Drawings.” The last paragraph is deleted and replaced by the following:

Submit shop drawings electronically for the fabrication of structural items and for all other items required by the Contract. Follow the format for Submittals in the NTTA QMS Manual that is available on the internet at www.ntta.org/roadprojects/Documents/QMS_Manual.pdf. The Construction Submittal Review Process is detailed in QMS Procedure CON-02.

If the Proposal for this project includes Special Provision 0.19, “NTTA Enterprise Project Delivery System,” follow the requirements specified in Section 2, “Contractor’s Obligations,” for submittal of working drawings, shop fabrication plans or drawings, and other submittals required by the specifications.

Coordination and Timing of Submissions. Prepare and transmit each submittal to the Construction Manager sufficiently in advance of performing related work or other applicable activities, so the construction will not be delayed or improperly sequenced by processing time, allowing for non-approval and resubmittal (if required). Coordinate each submittal with other activities. No extension of time will be authorized because of the Contractor’s failure to transmit submittals to the Construction Manager sufficiently in advance of the work.

Working drawings shall be considered to be those plans required to fully inform the Engineer of construction methods the Contractor proposes to use in prosecution of the work. Shop fabrication plans or drawings or shop details shall be considered to be those plans necessary to facilitate the off-site casting of precast concrete elements or the shop fabrication, assembly, and erection of structural steel and other metalwork requiring shop fabrication before final construction. Prepare and submit shop fabrication plans or drawings and working drawings as required by the pertinent Items of the General Notes and Specification Data, Standard Specifications, Special Provisions, and Special Specifications.

In general, prepare working drawings for the retaining walls, temporary shoring of embankments, trench excavation protection, and for all features of construction for which the plans and the specifications permit a choice and selection by the Contractor. Design calculations are a requirement of this submittal.

Prepare all working drawings on standard sheets 11”x17.” The margin at the left edge shall be 1 inch wide and all others 1/4 inch wide. Each sheet shall have a title in the lower right-hand corner and shall show the sheet numbering, name of the Contractor, NTTA’s contract number, and name of supplier or subcontractor, if applicable.

The review and approval of shop drawings is limited to a determination of whether or not the shop drawings conform to the design concept and the requirements of this Contract, and does not extend to information not called for in this Contract.

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For substructure and general construction, working drawings shall show in detail or by written description the methods and structures selected by the Contractor in sufficient detail so that their strengths, adequacies, sufficiencies and conformity to the permanent structure in the plans and the specifications can be checked or verified. Design calculations are a requirement of this submittal.

For reinforcing steel, working drawings shall be complete diagrams to supplement the reinforcing details shown on the plans, including any special features or variations from details shown, or to serve the Contractor’s convenience; and bar lists shall include diagrams for the bending of each bar not to be used straight. Only changes or supplements to plan details will require working drawing submittals.

Tracings of all working drawings and shop fabrication plans or drawings shall have a suitable enclosure block in which is indicated the approval date and also space for similar approval dates of any revisions. After approval of working drawings and shop fabrication plans or drawings, no changes shall be made without resubmission, and all changes or revisions later made shall be clearly marked and dated, and prints of drawings shall not be issued for use until after the drawing has been approved and the date of approval is noted on the tracing as stated. No work shall be done until the drawings have been approved.

In addition to the above-described working drawings and shop fabrication plans or drawings, samples, material and product certifications, and catalog cuts and brochure submittals on material, equipment, and fixtures shall be furnished to the Construction Manager prior to the Contractor’s placing firm orders for same. Submittals shall conform to the requirements of the various trade specifications. Submittals shall show dimensions, performance characteristics and capacities, wiring diagrams, controls, schedules, and other information pertinent to the performance, construction, and durability of the item.

Prior to making a submittal, check, and cause each fabricator/subcontractor to check, all working drawings, shop fabrication plans or drawings, and material, equipment, and fixture vendor submittals to satisfy Contractor and each such fabricator/subcontractor as to the appropriateness of their application and for conformance with the plans and the specifications. Any item submitted that differs from the plans and the specifications shall be so indicated by the Contractor. Obtain and distribute submittals, as necessary, after, as well as before, final approval.

Stamp, initial, and date, and cause such fabricator/subcontractor to stamp, initial and date, each document transmitted to indicate Contractor’s and such fabricator’s/subcontractor’s approval of the submittal. Submittals which are incomplete or indicate no attempt at conformance with this Contract will not be reviewed. Samples of materials submitted will not be returned unless the Contractor makes special arrangements for transportation.

The review of catalog cuts, brochures, and other submittals by the Engineer shall not relieve the Contractor of the responsibility for any conflicts in this Contract, the plans or the specifications, unless the Contractor has, in writing, called the attention of the Engineer to such deviations at the time of the submission; nor shall it relieve the Contractor from responsibility for errors or omissions in such items that it submits for review. Review of the catalog cuts, brochures, and other submittals indicates only the acceptance of the manufacturer and product quality, and assumes that the specific requirements and arrangements are in compliance with the intent of the plans and the specifications. Furnish, install, and prove in operation all mechanical and electrical devices, with the associated controls for each, to be in conformance with the intent of these Specifications and to provide satisfactory operating systems.

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NTTA WILL NOT BE LIABLE FOR ANY EXPENSE BY THE CONTRACTOR FOR MATERIALS PURCHASED, LABOR PERFORMED, OR DELAY OF THE WORK PRIOR TO APPROVAL OF REQUIRED SUBMITTALS.

When approval of a change to the fabrication and shop drawings, erection and other working drawings, samples, material and product certifications, and/or catalog cuts and brochure submittals is requested by the Contractor, obtain such approval from the Construction Manager in writing before proceeding with said change.

Section 5.3.1., “Acceptance of Defective or Unauthorized Work,” and Section 5.3.2., “Correction of Defective or Unauthorized Work,” are deleted and replaced by the following:

When Work fails to meet Contract requirements, remove and replace all defective work in an acceptable manner to the Engineer at no additional cost.

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.

Article 5.4., “Coordination of Plans, Specifications and Special Provisions.” The first sentence is deleted and replaced by the following:

The specifications, accompanying plans (including additional plans for non-site-specific work), Special Provisions, General Notes and Specification Data, Special Specifications, and supplemental agreements or change orders are intended to work together and be interpreted as a whole.

Article 5.5., “Cooperation of Contractor,” is supplemented by the addition of the following to the third paragraph:

Failure of the Contractor to remove these individuals when requested by the Engineer shall be cause for NTTA to withhold progress payments.

Article 5.7., “Cooperation Between Contractors,” is supplemented by the following:

During installation of the work, construction activities by several contractors and public utility companies may be under way within the limits of the project in which the Contractor shall perform the work under this Contract and/or areas adjacent thereto. These other contractors and public utility companies will be utilizing rights-of-way, easements, streets, and/or service roads through, in, and across the limits of this Contract. Conduct operations so as not to interfere with the work of the aforementioned parties. Coordination of efforts and cooperation among the various contractors performing work on the entire project is a requirement of the Contractor under this Contract. Should a difference of opinion arise as to the rights of the Contractor and of others working within the limits of, or adjacent to, the project, the Engineer will decide as to the respective rights of the various parties involved in order to assure the completion of the work, and his decision shall be final and binding upon the Contractor

Article 5.9., “Construction Surveying,” is supplemented by the addition of the following:

Construct the work to the position and elevations as set out on the plans and approved changes. Provide a qualified and experienced force, acceptable to the Engineer, to establish all lines and levels, to furnish and set all construction stakes, and to perform other required survey work.

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If there is any discrepancy, inconsistency or ambiguity between the survey and the plans, notify the Engineer and do not proceed with work affected by such discrepancy, inconsistency or ambiguity until Contractor has received instructions from the Engineer.

No specific payment shall be made for the work required in this Article or for any rework or restaking for whatever reason, and the cost of all labor, equipment, targets, towers, stakes, and other supplies necessary to perform the work shall be subsidiary to and included in the bid for the various items required by the plans and this Contract.

Article 5.11., “Final Cleanup,” is supplemented by the addition of the following after the second paragraph:

If the Contractor’s operations have resulted in damage to sodded areas within the right-of-way, outside or beyond the Work area, resod such areas at the Contractor’s expense in accordance with the applicable requirements of Item 162, “Sodding for Erosion Control.”

Article 5.11., “Final Cleanup,” is supplemented by the addition of the following:

Removal and Disposal of Structures and Obstructions. Remove all fences, buildings, and structures of any character not necessary to the prosecution of the work or other obstructions upon or within the limits of the right-of-way and dispose of them as directed by the Engineer and in all events in accordance with all applicable laws. Unless otherwise provided in this Contract, perform the removal and disposal of such structures and obstructions at the Contractor’s own expense.

Article 5.12.2., “Construction Contracts,” is modified by deleting the last sentence.

Article 5.12.2.2., “Final Inspection.” The first paragraph is deleted and replaced by the following:

12.2.2. Final Inspection. After all work is complete, the Engineer will request a final inspection.

Article 5.12.2.2., “Final Inspection.” The first sentence of the third paragraph is deleted and replaced by the following:

After the final inspection, if the Work is satisfactory to the sole determination of the Engineer, the Engineer will notify the Contractor in writing of the final acceptance of the Work.

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Special Provision to Item 6 Control of Materials

Item 6, “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.

Article 6.2., “Material Quality,” is supplemented by the addition of the following:

If it is found that previously approved sources of supply do not produce uniform and/or otherwise satisfactory products, or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other approved sources.

Article 6.4., “Sampling, Testing, and Inspection,” is deleted and replaced by the following:

4. SAMPLING, TESTING, AND INSPECTION

Inspections and tests of equipment and materials to be incorporated in the work shall be required by NTTA from time-to-time during the progress of the Work to assure that the equipment and materials meet specified requirements. In addition, certain tests may be required by codes, ordinances, or plan approval authorities or may be desired exclusively for the Contractor’s convenience.

All inspections and tests will be in accordance with pertinent codes and regulations and with selected standards of ASTM, AASHTO and TxDOT. The material requirements and standard test methods in effect at the time the proposed Contract is advertised govern.

Design, sampling, and testing, including professional quality control efforts in general, will be performed by engineering testing laboratories. Such services will be at the direction and expense of NTTA. As an exception to the above requirement, furnish a professional testing laboratory, other than that retained by NTTA, to develop all Portland cement concrete and hot mix asphaltic concrete designs, and prepare and analyze trial and hot bin batches of the different designs as appropriate, and as directed by the Engineer, entirely at the Contractor’s own cost and expense. When requested, furnish a complete written statement of the origin, composition, and/or manufacture of any or all materials to be used in the work.

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 NTTA for inspection expenses.

When tests are required, other than those made in the laboratory, for the purpose of control in the manufacture of a construction item, furnish such facilities and equipment as may be necessary to perform the tests and inspection and be responsible for calibration of all test equipment required.

Determine, by advance discussion with the Engineer, the time required for the engineering testing laboratory to perform Contractor’s tests and to issue each of its findings. Allow time for such sampling and reporting activities within its construction schedule. When changes of construction schedules are necessary during construction, coordinate all such changes of schedule with the engineering testing laboratory, as required.

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Representatives of engineering testing laboratories shall have access to the Work and to all mixing plants, fabricating shops, and other locations where items proposed for the Work are being prepared in order that the laboratories may properly perform their functions.

Do not allow or cause any work performed or installed to be covered up or enclosed prior to all required inspections, tests, and approvals. Should any work be enclosed or covered up before it has been approved, uncover all such work. After work has been completely inspected, tested, and approved, make all repairs necessary to restore the work to the condition in which it was found at the time of uncovering.

The engineering testing laboratories will provide all personnel and sampling equipment, take all samples and specimens, and deliver all samples and specimens to the laboratories for testing.

Promptly process and distribute all required copies of test reports and related instructions to ensure all necessary retesting and/or replacement of materials with the least possible delay to progress of the Work.

NTTA will pay for all initial testing services requested by the Engineer. When Engineer-requested initial tests indicate noncompliance with this Contract, the costs of all subsequent retesting occasioned by the noncompliance will be deducted by NTTA from the sums due the Contractor. Inspections and tests required by codes or ordinances, or by a plan approval authority, shall be the responsibility of, and be paid for by, the Contractor unless otherwise provided for in this Contract. Inspections and tests for the Contractor’s convenience shall be the sole responsibility of the Contractor.

Incorporate into the Work only material that has been inspected and tested by or on behalf of NTTA and has been accepted by NTTA. Remove, at the Contractor’s expense, materials from the work locations that are used without prior testing and approval or written permission of the Engineer.

All materials used are subject to inspection or testing at any time during preparation or use. Material that 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 available upon request. Do not use material that, after approval, becomes unfit for use.

Article 6.6., “Storage of Materials.” The last paragraph is deleted and replaced with the following:

The Contractor will not be permitted to use the existing right-of-way as a work and storage area unless authorized in writing by the Engineer or specifically designated in the plans. Any authorized use must not interfere in any way with the prosecution of the project, the operations of other contractors, or the operation of any public thoroughfare. Obtain pre-approval by NTTA for any area the Contractor wishes to designate and use as a work and/or storage area. Restore any site utilized for Contractor’s operations, either on the right-of-way or on other public or private property, to the condition existing at the time work on the project began, at Contractor’s sole expense, prior to termination of this Contract. Secure a release from the owner of the private property so used before the final payment is made under this Contract.

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Article 6.7., “Department-Furnished Material,” is deleted and replaced by the following:

7. FURNISHED EQUIPMENT AND MATERIALS

NTTA and others will supply certain structural elements, items of equipment and materials as shown on the plans. The cost of handling and placing such items supplied by NTTA and others will not be paid for directly but is subsidiary to the Item in which or for which they are used. Assume responsibility for structural elements, equipment, and materials upon receipt.

All equipment and materials not provided by NTTA, or others, shall be new and the use of used or secondhand equipment and materials of any kind will not be permitted.

Article 6.8., “Use of Materials Found on the Right of Way,” is supplemented by the addition of the following phrase at the start of the first sentence in the first paragraph:

With the approval of the Engineer,

Article 6.10., “Hazardous Materials,” is supplemented by the addition of the following:

10.5. All known areas containing Hazardous Materials are identified in the plans. The Contractor shall follow the procedures set forth in the Contract for all excavation activities. For hazardous materials found on sites owned or controlled by NTTA and designated in the plans, Contractor will be reimbursed in accordance with Contract bid items.

For hazardous materials found on sites, owned and controlled by NTTA and not designated in the plans, notify the Engineer immediately when a visual observation or odor indicates that Hazardous Materials may be present on property owned or controlled by NTTA. NTTA is responsible for testing and defining required procedures for removal of such Hazardous Materials not introduced by the Contractor. When the Contractor assumes responsibility for removal and disposal of the Hazardous Materials not identified in the plans and not resulting from Contractor’s own release of hazardous materials, the Contractor shall be compensated in accordance with Article 9.7, “Payment for Extra Work and Force Account Method,” for such removal and disposal. The Engineer may suspend the work wholly or in part during the testing, removal, or disposition of Hazardous Materials on sites owned or controlled by NTTA.

Notwithstanding the foregoing, the Contractor shall remove and dispose of ballasts, capacitors and lamps in any existing luminaires removed or replaced in the project area, in accordance with federal, state, and local regulations.

Item 6., “Control of Materials,” is supplemented by the addition of the following Articles:

12. PRODUCT OPTIONS

Certain items of equipment and materials to be used in this project have been specified as the product of a manufacturer for convenience and to establish a standard of quality. When so specified, one of the following methods has been used:

12.1. No Substitutions. If a material is specified by the manufacturer’s name, and no mention is made of “equal to” and no other manufacturer is mentioned, then no substitutions shall be considered or used.

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12.2. Multiple Manufacturers Named. If a material is specified by the manufacturer’s name and several manufacturers are listed, any of those mentioned shall be considered as acceptable. Space requirements and details are designed to fit with this product. It shall be the responsibility of the Contractor to verify that the product it proposes to use meets all space and detail requirements.

12.3. “Equal to” Products. If a material is specified stating “equal to” a manufacturer’s product, then similar products of equal quality shall be considered. Submit proof, if required, of the alternate product’s characteristics which substantiate its equivalency to the product specified.

13. SUBSTITUTIONS

Subject to Article 6.12, “Product Options,” of this Special Provision, the use of alternate equipment and materials will be permitted, provided that the alternate items are equal to that specified and the Engineer grants approval, in writing, of such substitutions. Approval of alternate equipment and materials will not be given prior to award of this Contract. Approval by the Engineer of any specific item of equipment or material shall in no way relieve the Contractor of the responsibility for the satisfactory performance of equipment and materials meeting the intent of the Contract Documents, including the specifications.

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Special Provision to Item 7 Legal Relations and Responsibilities

Item 7, “Legal Relations and Responsibilities” 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 7.1., “Ethics,” is deleted and replaced by the following:

1. ETHICS

Honor the NTTA Employees Ethics Policy. NTTA’s ethics policy has been established in accordance with Section 366.033(a)(1) of the Texas Transportation Code. A complete copy of NTTA’s ethics policy can be found on the NTTA website.

By entering into Contract, the Contractor certifies that the Contractor has read and understands NTTA’s Employees Ethics Policy.

Failure to honor this policy may result in action by NTTA, which includes but is not limited to verbal warning, removal of project personnel, termination of the Contract.

Section 7.2.4., “Public Safety and Convenience,” is supplemented by the addition of the following:

Avoid to the greatest extent practicable the operation of heavy construction equipment over adjacent streets. If such operation is unavoidable, take care to prevent the creation of any nuisance, including, but not limited to, the tracking of dirt, the blowing of dust, and/or the dropping of debris from uncovered loads.

Section 7.2.6.5., “Training,” is supplemented by the following:

Coordinate enrollment, pay associated fees, and successfully complete TxDOT-approved Training or Contractor-developed Training. Training is valid for the period prescribed by the provider. If no training period is prescribed by the provider, then training is valid for 3 yrs. from the date of completion. The Engineer may require training at a frequency in lieu of the period prescribed based on NTTA’s needs. Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items.

2.6.5.1. TxDOT-approved Training. TxDOT-approved training is listed below. For Section 7.2.6.5.1.4., “Other Work Zone Personnel”, the Contractor may use Contractor-developed Training in lieu of TxDOT-approved Training.

2.6.5.1.1 Contractor Responsible Person and Alternate. Provider Course Title American Traffic Safety Services Association Traffic Control Supervisor National Highway Institute1 Design and Operation of Work Zone Traffic Control, Work Zone Traffic Control for Maintenance Operations Texas Engineering Extension Service Work Zone Traffic Control for CRPs

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University of Texas Arlington, Traffic Control Supervisor Division for Enterprise Development 1. Both classes are required in order to equal the level of training taught in a single class by other providers.

2.6.5.1.2. Flagger Instructor Training. Provider Course Title American Traffic Safety Services Association Flagging Instructor Training Texas Engineering Extension Service Train-the-Trainer Flaggers National Safety Council Flagger Instructor Training University of Texas at Arlington, Certified Instructor: Qualified Flagger Division for Enterprise Development Training

Flagger Training. Provider Course Title Texas Engineering Extension Service Flaggers in the Work Zone National Safety Council Work Zone Flagger (Flagger Novice) University of Texas Arlington, Flaggers in Work Zones Division for Enterprise Development University of Texas at Arlington, Work Zone Traffic Control & Qualified Division for Enterprise Development Flagger Associated Builders and Contractors, Flagger Training Austin Chapter

2.6.5.1.3. Law Enforcement Personnel. Provider Course Title National Highway Institute Safe and Effective Use of Law Enforcement Personnel in Work Zones

2.6.5.1.4. Other Work Zone Personnel. Provider Course Title American Traffic Safety Services Association Traffic Control Technician Texas Engineering Extension Service Work Zone Traffic Control National Highway Institute Maintenance of Traffic for Technicians National Highway Institute Maintenance Training Series: Basics of Work Zone Traffic Control University of Texas at Arlington, Temporary Traffic Control Division for Enterprise Development

2.6.5.2. Contractor-developed Training. Develop and deliver Contractor-developed Training meeting the minimum requirements established by TxDOT. The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting. A designated alternate may deliver the training in lieu of TxDOT-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.

2.6.5.2.1 Flagger Training Minimum Requirements. A Contractor’s certified flagging instructor is permitted to train other flaggers.

2.6.5.2.2 Other Work Zone Personnel Minimum Requirements. Contractor-developed Training must provide information on the use of personnel protection equipment, occupational hazards and health

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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 moto)  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; 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; Stay behind protective barriers, whenever possible. Note: It is not safe to sit on or lean against a concrete barrier, these barriers can deflect 4+ 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. • 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. Discussion on 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

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other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limits. • 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.

Article 7.2., “Safety,” is supplemented by the addition of the following:

2.7. Contractor’s Responsibility for Safety. The Contractor shall be solely and completely responsible for conditions at the job site, including the safety of all persons and property during performance of the work. This requirement shall apply continuously and shall not be limited to normal working hours.

Article 7.3., “Laws to be Observed,” the first paragraph is deleted and replaced by the following:

Comply with all federal, state, and local laws, ordinances, and regulations applicable to the Work. INDEMNIFY AND SAVE HARMLESS NTTA AND ITS REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM VIOLATION BY THE CONTRACTOR OF ANY LAW, ORDINANCE, OR REGULATION APPLICABLE TO THE WORK, AS DISCUSSED IN ARTICLE 7.15.

By entering into Contract, the Contractor agrees to provide or make available to NTTA records, including electronic records related to the Contract, for a period of 3 years after the final payment. Failure to provide access to the required documents may result in action by NTTA.

Article 7.6., “Personal Liability of Public Officials,” is deleted and replaced by the following:

6. PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out the provisions of this Contract or in exercising any power or authority granted hereunder, there shall be no liability for the Engineer, Consulting Engineer, or the Construction Manager or their respective authorized assistants, either personally or otherwise, in their capacity as agents and representatives of NTTA, and there shall be no liability, either personal or otherwise, for any member of the Board of Directors of NTTA or any of NTTA’s officers, employees, agents or consultants.

Section 7.7.2., “Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3),” is deleted and replaced by the following:

7.2. Texas Pollution Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3).

7.2.1. Projects with less than one acre of soil disturbance including required associated project specific locations (PSL’s) per TPDES GP TXR 150000.

No posting or filing will be required for soil disturbances within the right of way. Adhere to the requirements of the SWP3.

7.2.2. Projects with one acre but less than five acres of soil disturbance including required associated PSL’s per TPDES GP TXR 150000.

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NTTA will be considered a primary operator for Operational Control Over Plans and Specifications as defined in TPDES GP TXR 150000 for construction activity in the right of way. NTTA will post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having operational control over plans and specifications for work shown on the plans in the right of way.

The Contractor will be considered a Primary Operator for Day-to-Day Operational Control as defined in TPDES GP TXR 150000 for construction activity in the right of way. In addition to NTTA’s actions, the Contractor will post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor being responsible for TPDES GP TXR 150000 requirements for on- right of way and off- right of way PSL’s. Adhere to all requirements of the SWP3 as shown on the plans. The Contractor will be responsible for Implement the SWP3 for the project site in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed.

7.2.3. Projects with 5 acres or more of soil disturbance including required associated PSL’s per TPDES GP TXR 150000.

NTTA will be considered a primary operator for Operational Control Over Plans and Specifications as defined in TPDES GP TXR 150000 for construction activities in the right of way. NTTA will post a large site notice, file a notice of intent (NOI), notice of change (NOC), if applicable, and a notice of termination (NOT) along with other requirements per TPDES GP TXR 150000 as the entity having operational control over plans and specifications for work shown on the plans in the right of way.

The Contractor will be considered a primary operator for Day-to-Day Operational Control as defined in TPDES GP TXR 150000 for construction activities in the right of way. In addition to NTTA’s actions, the Contractor shall file a NOI, NOC, if applicable, and NOT and post a large site notice along with other requirements as the entity of having day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor being responsible for TPDES GP TXR 150000 requirements for on- right of way and off- right of way PSL’s. Adhere to all requirements of the SWP3 as shown on the plans.

Article 7.12., “Responsibility for Hazardous Materials,” is deleted and replaced by the following:

12. RESPONSIBILITY FOR HAZARDOUS MATERIALS

Comply with the Requirements of Article 6.10., “Hazardous Materials.” INDEMNIFY AND SAVE HARMLESS NTTA, AS PROVIDED IN ARTICLE 7.15.

For the purposes of the indemnity provisions hereof, any acts or omissions of Contractor, or by any employees, agents, assignees, consultants, or subcontractors of Contractor, or others acting for or on behalf of Contractor, shall, whether or not they are negligent, intentional, willful, or unlawful, be strictly attributable to Contractor.

Article 7.15., “Responsibility for Damage Claims,” is deleted and replaced by the following:

15. ”INDEMNITY”

CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS NTTA AND ITS AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, ATTORNEYS,

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INSURERS AND EMPLOYEES THEREOF (“INDEMNITEES”), FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CLAIMS, LIABILITIES, DEMANDS, LOSSES, DAMAGES, FORFEITURES, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT AND WORK, ONGOING OR COMPLETED, INCLUDING ALL RELATED WARRANTY OBLIGATIONS, THAT ARE:

• ATTRIBUTABLE TO ANY BODILY OR PERSONAL INJURY, SICKNESS, DISEASES OR DEATH OF ANY PERSON OR ANY DAMAGE OR INJURY TO OR DESTRUCTION OF REAL OR PERSONAL PROPERTY (OTHER THAN THE WORK ITSELF) INCLUDING THE LOSS OF USE THEREOF;

• 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;

• CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION OF CONTRACTOR, ANY SUBCONTRACTOR OR SUPPLIER, THEIR RESPECTIVE AGENTS OR EMPLOYEES OR ANY OTHER PARTY FOR WHOM ANY OF THEM MAY BE LIABLE REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED HEREUNDER;

• ARISING FROM, OR RECOVERED AS A RESULT OF, VIOLATION BY THE CONTRACTOR OF ANY LAW, ORDINANCE, OR REGULATION APPLICABLE TO THE WORK, INCLUDING CLAIMS ARISING OR AMOUNTS RECOVERED UNDER ANY LAWS, INCLUDING, WITHOUT LIMITATION, THE TEXAS TORT CLAIMS ACT;

• INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH ARISE FROM THE GENERATION, STORAGE, HANDLING, TREATMENT, TRANSPORTATION, OR DISPOSITION OF HAZARDOUS MATERIALS BY THE CONTRACTOR;

• DAMAGE BY THE CONTRACTOR’S OPERATIONS TO ANY PIPELINE OR UNDERGROUND INSTALLATION;

• CLAIMS FOR INFRINGEMENT FROM THE CONTRACTOR’S USE OF ANY WORK PRODUCT, PATENTED DESIGN, DEVICE, MATERIAL, PROCESS, TRADEMARK, OR COPYRIGHT SELECTED BY THE CONTRACTOR AND USED IN CONNECTION WITH THE WORK; AND/OR

• DERIVES FROM CLAIMS OF THIRD PARTIES AGAINST NTTA ALLEGING THAT NTTA’S USE OF THE WORK PRODUCT IN CONNECTION WITH THE SPECIFIC PURPOSE AND PROJECT FOR WHICH THE WORK PRODUCT WAS PREPARED BY CONTRACTOR INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

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THIS FURTHER INCLUDES, BUT IS NOT LIMITED TO, FINES, PENALTIES, OR SANCTIONS BY ANY AUTHORITY HAVING JURISDICTION OVER THE PROJECT. CONTRACTOR WILL ALSO BE RESPONSIBLE TO REIMBURSE NTTA FOR ITS REASONABLE LEGAL FEES AND COURT COSTS IS DEFENDING CLAIMS OF THIRD PARTIES, IN THE SAME PROPORTION OF LIABILITY FOUND IN A JUDGMENT.

IN ADDITION TO AND SUPERSEDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE INDEMNITEES, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR RESULTING FROM BODILY INJURY TO, OR SICKNESS, DISEASE, OR DEATH OF ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF THE CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, TO THE EXTENT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, OR IS ALLEGED TO HAVE BEEN CAUSED, BY ANY ALLEGATION THAT THE SITE OR WORK CONTAINED UNDISCLOSED DANGERS OR THAT THE INDEMNITEES FAILED TO ACT TO CORRECT CONDITIONS OR AVOID LOSS. THIS INCLUDES ALLEGATIONS OF NEGLIGENCE BY ANY INDEMNITEE. THE PARTIES EXPRESSLY INTEND THAT IN SUCH EVENT THE CONTRACTOR IS TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE INDEMNITEES FROM THE CONSEQUENCES OF THEIR OWN PASSIVE NEGLIGENCE, TO THE EXTENT IT IS OR IS ALLEGED TO BE THE CAUSE OF THE BODILY INJURY, SICKNESS, DISEASE, OR DEATH OF CONTRACTOR’S EMPLOYEE OR THE EMPLOYEE OF ANY OF ITS SUBCONTRACTORS. THIS PROVISION IS NOT INTENDED TO APPLY TO MATTERS CAUSED BY THE AFFIRMATIVE ACTIONS OF ANY INDEMNITEE, BUT RATHER MERELY THE ALLEGED FAILURE TO ACT OR THE FAILURE TO WARN BY INDEMNITEES.

THE INDEMNIFICATION OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT BE LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR CONTRACTOR UNDER WORKERS COMPENSATION ACTS, OR TO ANY LIMITS OF LIABILITY ELSEWHERE IN THIS CONTRACT. THESE OBLIGATIONS SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR REDUCE OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO A PARTY OR PERSON DESCRIBED IN THIS SECTION. DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS. CONTRACTOR SHALL PROCURE LIABILITY INSURANCE COVERING ITS OBLIGATIONS UNDER THIS PARAGRAPH.

For the purposes of the indemnity provisions hereof, any acts or omissions of Contractor, or by any of its affiliates, subsidiaries, related entities and the officers, directors, agents, consultants, attorneys, insurers and employees thereof, or Subcontractors of Contractor, others acting for or on behalf of Contractor, shall, whether or not they are negligent, intentional, willful, or unlawful, be strictly attributable to Contractor.

If the Contractor asserts any claim or bring any type of legal action (including an original action, third-party action, or cross-claim) against any officer, director, agent, consultant or employee of the authority for any cause of action or claim for alleged negligence arising from the Contract, the Contractor will be ineligible to bid on any proposed contract with NTTA during the pendency of the claim or legal action.

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To the maximum extent allowed by applicable law, the indemnification provided by Contractor under this Article 7.15 shall expressly include indemnification of the indemnified persons against their own negligence with respect to any of the matters covered hereby.

Article 7.17., “Contractor’s Responsibility for Work,” the first three paragraphs are deleted and replaced by the following:

17. CONTRACTOR’S RESPONSIBILITY FOR WORK

Until final acceptance of the work under the Contract, Contractor has sole responsibility for the Work, including responsibility for maintenance of the Work, and the charge and care thereof, and Contractor shall take every precaution against injury or damage to any part of the Work by the action of the elements or by any other cause, whether arising from the execution or from the non- execution of the Work or otherwise. Contractor shall 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 or a waiver of any of the provisions of this Contract.

Until final acceptance of the Work by the Engineer, Contractor shall maintain the project in good condition, including, but not limited to, the roadway. Contractor shall repair damage to all Work until final acceptance. Contractor shall repair damage to existing facilities in accordance with the Contract or as directed by the Engineer. Costs of repair for damage to existing facilities or work caused by Contractor operations shall be at the Contractor’s expense. Costs of repair for damage that was not due to the Contractor’s operations (including, but not limited to, loss or damage by fire, lightning, windstorm, flood, earthquake, hail, hurricane, tornado, and other such cataclysmic phenomena of nature, explosion, riot, riot attending a strike, civil commotion, terrorism, aircraft, vehicles, smoke, vandalism, malicious mischief, theft, and other such risks) will not be paid for except as provided below.

Section 7.17.1., “Reimbursable Repair,” is deleted and replaced by the following:

17.1 Reimbursable Repair. The Contractor will be reimbursed for its costs to repair damage:

• to guardrails, luminaires, light poles, ground mounted signs, landscaping, electrical cabinets, or fencing; • solely and directly caused by acts of NTTA or its contractors other than the Contractor; or • to crash-cushion attenuators and guardrail end treatments.

Section 7.17.2., “Appurtenances,” is deleted and replaced by the following:

17.2 Appurtenances. Except for crash-cushion attenuators and guardrail end treatments listed in Section 7.17.1, 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.

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Section 7.17.3., “Roadways and Structures,” is supplemented by the following:

Existing roadways and structures do not include any work under the Contract.

Section 18.1., “Definitions” is supplemented by the addition of the following:

18.1.5 Texas Licensed Electrical Contractor. Per the Administrative Rules of the Texas Department of Licensing and Regulation 16 Texas Administrative Code, Chapter 73, A person, or entity, licensed as an electrical contractor, that is in the business of performing “Electrical Contracting” as defined by Texas Occupations Code Chapter 1305.002(5).

Section 18.2., “Work Requirements,” the first paragraph is deleted and replaced by the following:

18.2 Work Requirements. All work defined as electrical contracting must be performed by a Texas Licensed Electrical Contractor. The qualifications required to perform electrical work and specialized electrical work are listed in Table 2.

Item 7 is supplemented by the addition of the following Articles

7.20. THIRD PARTY BENEFICIARY

It is specifically agreed between the parties hereto that it is not intended by any of the provisions of any part of this Contract to create in any Subcontractors, suppliers, workmen, the public, or in any member thereof, any third party beneficiary rights hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries, property damage or any other relief in law or equity pursuant to the terms and provisions of this Contract. The duties, obligations, and responsibilities of the Parties to this Contract with respect to third parties shall remain as imposed by law, and no provision of this Contract is in any way intended to constitute a waiver by NTTA of any immunities or other defenses from suit or from liability that NTTA may have by operation of law.

7.21. NON-WAIVER BY NTTA

Any failure by NTTA at any time, or from time to time, to enforce or require strict keeping and performance of any of the terms or conditions of this Contract shall not constitute a waiver of such terms or conditions or any breach and shall not affect or impair such terms or conditions in any way, or the right of NTTA to avail itself of such remedies as it may have for any breach or breaches of such terms or conditions.

7.22. WARRANTY

In addition to all other warranties, the Contractor warrants for two years following the date of final acceptance of the Work (unless otherwise specified herein below) that: (i) the Work performed or provided under this Agreement will be provided consistent with the prevailing industry standards; (ii) materials and equipment furnished under this Contract will be of good quality and new unless this Agreement requires or permits otherwise and shall be suitable for the purposes intended; (iii) the Project will be suitable for its intended purpose; and (iv) the Work will be done in a good and workmanlike manner, shall conform to the requirements of this Agreement, shall be completed in a manner that will ensure all manufacturer’s warranties are maintained and preserved, and will be free from defects, except for those inherent in the quality of the Work this Agreement requires or permits. Work, materials, or equipment not conforming to these requirements may be considered

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defective. Contractor will repair any defectively installed Work during this period at no charge to NTTA, and as specified in the Warranty Bond (if applicable). Contractor hereby assigns all equipment and vendor warranties to NTTA and will deliver all manuals, books, etc. to NTTA. If Contractor fails to correct nonconforming Work within a reasonable time fixed by written notice from NTTA, NTTA may correct it at Contractor’s expense.

In the event of a breach of warranty, NTTA will be entitled to the expeditious cure of any deficiencies in a manner least disruptive to the operation of NTTA’s business. If Contractor is unable to perform the work necessary to cure the deficiencies, NTTA will be entitled to recover the fees paid to Contractor and to recover any additional costs incurred by NTTA specific to curing the deficiency in its providing of the Work. Nothing contained in this section, nor NTTA’s making of a warranty claim under this section, will be deemed to constitute an election of remedies by NTTA for a breach by Contractor under this Agreement, nor will this section or the making of a claim under this section limit or otherwise impair NTTA’s ability to pursue any and all remedies available under this Agreement or under applicable law for a breach by Contractor under this Agreement. The provisions in this article do not impact the period of limitation under which a claim can be made against Contractor.

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Special Provision to Item 8 Prosecution and Progress

Item 8, “Prosecution and Progress,” of the Standard Specifications is deleted and replaced with the articles below.

1. PROSECUTION OF WORK

Unless otherwise shown in this Contract, begin the Work to be performed under this Contract within ten (10) days after the authorization date to begin work pursuant to the provisions of Article 3.8, “Beginning of Work.” Prosecute the Work continuously to completion within the working days specified. Unless otherwise shown on the plans, 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 hours before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. When callout work is required, begin work in the right of way within the specified time and continuously prosecute the Work until completion.

The commencement, sequencing, and prosecution of the Work shall be governed by the orders of the Engineer.

There may be other contractors retained by NTTA operating within the limits of the project. Plan and prosecute the Work in such a manner and sequence that there will be no interference, interruptions, or delays to the operations of other contractors, and in accordance with Article 5.7.

Ensure that the Work presents a neat and orderly appearance at all times; perform all cleanup necessitated by Contractor’s operations.

Complete all clean up and remove all construction machinery and equipment, surplus material, supplies, and debris from the project right-of-way prior to acceptance of the Work by the Engineer.

Observance of these special provisions and requirements is considered an essential part of the Work to be done under this Contract and any subsequent contracts.

No direct compensation will be allowed for fulfilling these requirements, as this Work is considered subsidiary to the Items of this Contract.

In planning and executing the sequence of the Work for this project, take into consideration the progress and state of completion of the other portions of the project, and of work being performed by any other contractors.

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 Commission, Department, or any federal agency.

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For federally funded contracts, ensure the required federal documents are physically attached to each subcontract agreement including all tiered subcontract agreements.

For all DBE subcontracts including all tiered DBE subcontracts, submit a copy of the executed subcontract agreement.

Upon request, submit a copy of the executed non-DBE subcontracts including all tiered non-DBE subcontracts.

2.1. Construction Contracts and Federally Funded Routine Maintenance Contracts. The Contractor must perform work with its own organization on at least 30% of the total adjusted contract cost, including the aggregate of the original contract amount and its change orders thereafter.

As stated in the NTTA Business Diversity Department Contracting & Compliance Manual, any Subcontractor must perform work with its own organization on at least 30% of its total adjusted subcontract cost, including the aggregate of the original subcontract amount and its change orders thereafter.

In the case when the Contractor is found to be in default of the Contract, the requirement that 30% of the total Contract cost including the original contract amount and its change orders thereafter shall be performed by the Contractor with its own organization may be suspended by NTTA, but NTTA’s approval of all Subcontractors continues to be required.

If the DBE goal amount for this project is greater than zero, submit a copy of the executed subcontract agreement with the request for subcontractor approval for all DBE subcontracts, including all tiered DBE subcontracts.

The term “perform work with own organization” includes only:  workers employed and paid directly by the Contractor or wholly owned subsidiary;  equipment owned by the Contractor or wholly owned subsidiary;  rented or leased equipment operated by the Contractor’s employees or wholly owned subsidiary’s employees;  materials incorporated into the Work if the majority of the value of the Work involved in incorporating the material is performed by the Contractor’s own organization, including a wholly owned subsidiary’s organization; and  labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls.

When staff leasing firms provide materials or equipment, they are considered subcontractors. In these instances, submit staff leasing firms for approval as a subcontractor.

Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this Section.

2.2 State Funded Maintenance Contracts. The requirements for performing work with the Contractor’s own organization as stated in Section 8.2.1, “Construction Contracts and Federally Funded Maintenance Contracts” do not apply to wholly State funded maintenance Contracts.

2.3 Payments to Subcontractors. Report payments for DBE subcontracts including tiered DBE subcontracts in the manner as prescribed by NTTA by the 20th day of each month.

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2.3.1 Payment Records. Make payment and related records, including but not limited to copies of cancelled checks, available for inspection by NTTA. Retain payment records for a period of 3 years following the completion of the Contract.

2.4 Payrolls. Comply with Article 7.19., “Payrolls.”

3. COMPUTATION OF CONTRACT TIME FOR COMPLETION

Working day charges will begin 10 calendar days after the date of the written authorization to begin work. Working day charges will continue in accordance with the Contract. The Engineer in its sole discretion may consider increasing the number of working days under extraordinary circumstances.

3.1. Working Day Charges. 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. For multiple work order Contracts, working days will be established in each work order on a separate basis.

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 on the plans.

3.3. Nighttime Work. Nighttime work is allowed only when shown on the plans or directed or allowed by the Engineer. Nighttime work is defined as work performed from 30 minutes after sunset to 30 minutes before sunrise.

3.4. Time Statements. The Engineer will furnish the Contractor a monthly time statement until project Acceptance. 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. Failure to file 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 NTTA. Prepare project schedules with a level of effort sufficient for the work being performed.

The Work performed under this Article will not be measured or paid for directly but will be subsidiary to pertinent Items.

Plan, schedule, and report the progress of the Work to ensure timely completion of the work. To facilitate the planning and tracking of the work, use a dual level scheduling format (Baseline Schedule – with Monthly Progress Updates and Two-Week to Four-Week Look-Ahead Layout as

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appropriate). Comply with the scheduling requirements described herein. Failure to comply with these requirements will constitute nonperformance under the terms of this Contract.

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. Baseline Schedule. Within two weeks of starting work, prepare and submit a Baseline Schedule based on the sequence of work and traffic control as shown on the plans. Prepare the schedule as a Critical Path Method (CPM) as shown in Section 8.5.5 below. This schedule once prepared and approved by all parties will have no further changes to it, but will be used to evaluate monthly updates to the project schedule. Include all planned major Work activities or sequences and show Contract completion on or before as specified in the Contract. Incorporate major material procurements and all required purchases with long lead times, known utility relocations, required contractor submittals with owner review and re-submittal leading to approval of the submittal(s), and any other activities that may affect completion of the Contract. Show a beginning date, ending date, and duration in whole working days for each activity. Break the work activities so that an individual activities does not exceed 20 working days, unless agreed upon by the Engineer, such as long lead time procurements or shop drawing submittal reviews and approvals or other appropriate items. Show an estimated production rate for each activity on days when a crew is working and/or number of crews working for each activity, unless agreed upon differently with the Engineer.

5.3. Schedule Format. Format all schedules according to the following:  begin the project schedule at the start of the time charges as shown in the Notice to Proceed Letter and/or as discussed at the pre-construction conference regardless of when work actually starts,  show the sequence and interdependence of all activities required for complete performance of the work contained in the Contract, and  ensure all work sequences are logical and show a coordinated plan of the work required.

CPM schedules must also show:  a predecessor and successor for each activity,  clearly and accurately identify the critical path as the longest continuous path,  provide a legend for all abbreviations, run date, data date, project start of time charges, and project completion date in the title block of each submittal,  through the use of calendars account for days not working, such as seasonal weather conditions, non-work periods, such as holidays, weekends, or any specific non-work days shown in the Contract while showing the calendar days charged per contract definition, and  the schedule shall be a resource driven schedule format to the extent that is necessary to accomplish the task to show schedules and work while also showing calendar charged to the project by the Engineer and showing all completion milestones and extra activity anticipated right before a partial or major opening.

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, and  code activities in a logical work breakdown structure so that organized plots of the schedule may be produced.

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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.

Submit Monthly Updates against the Approved Baseline Schedule and Look-Ahead Layout, respectively, incorporating the sequence of construction shown on the plans and/or outlined in the Special Provisions. If the Contractor desires to deviate from the Traffic Control Plans as shown in the plans, a written narrative explaining the need for said change and a descriptive definition of the change shall be given to the Construction Manager for approval. Approval of this change will not be authorized until the new sequencing is reviewed within the Monthly Update against the Baseline Schedule showing the desired changes. The Baseline Schedule stays static and is not revised (unless required by NTTA), but used as a constant reference during schedule updates. The schedules shall be based on the calendar date or calendar dates provided in this Contract.

The Look-Ahead Layout is taken from the Monthly Update against the Approved Baseline Schedule with additional information included presented as a bar chart or other means sufficient to show the work crews anticipated for the contractor and all working sub-contractors, including second or third tier sub-contractors, so that proper inspection and material testing can be scheduled and occur for all anticipated work. This is typically much more detailed than the resource driven schedule. The Look-Ahead Layout shall be submitted to the Engineer five (5) days before the first day of the two-week period it describes.

Submit electronic version of the Look-Ahead Layout. This Look-Ahead Layout will consist of the daily activities such as forming, placing reinforcing steel, concrete pours, stripping forms, etc., on the calendar days they are scheduled to be performed. The Contractor is to use the Baseline Schedule to create the Look-Ahead Layout. This schedule will be reviewed against the Baseline Schedule/Revised Baseline Schedule by the Engineer on a weekly basis. Information to be submitted on the Look-Ahead Layout is: item number, activity description, and average daily crew size for the project. The format of the Look-Ahead Layout will be approved by the Engineer prior to the start of construction. The Look-Ahead Layout may be generated by the same software as the Baseline Schedule/Revised Baseline Schedule unless the greater detail within the Look-Ahead Schedule requires a separate format.

Depending on the size of the Project, the Baseline Schedule will be provided as follows:  Project with Contract amount under Five Million dollars and no cents ($5,000,000): submit a Baseline Detailed Schedule, including logic relationships, using Microsoft Project or approved equal. The Engineer shall agree upon the details shown in this schedule. The Contractor must provide the name of the representative who will produce and maintain the schedule.  Project with contract amount equal to or greater than Five Million dollars and no cents ($5,000,000): submit a Baseline CPM (Critical Path Method) Schedule, including logic relationships, using a version of Primavera that is compatible with NTTA’s version of Primavera. Contact the Engineer for proper version number. The Engineer shall agree upon the details shown in this schedule. If the work during the course of the project falls behind, the Engineer has the authority to direct the Contractor to add resources to the Monthly Update to the Baseline CPM Schedule for Recovery to ensure the completion of the project in a timely manner. The Contractor must provide the name of the representative who will produce and maintain the schedule. The Contractor’s representative shall have at least five (5) years of experience in CPM scheduling and in the use of the Primavera software.

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.

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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.  All float contained in the Baseline Schedule, as initially approved or generated thereafter, shall be considered a Project resource available to either party or Parties as needed to achieve schedule milestones, interim completion dates, and/or Completion Deadlines. All float shall be shown as such in the Baseline Schedule on each affected schedule path. Identification of (or failure to identify) float on the schedule shall be examined by the Engineer in determining whether to approve the Baseline Schedule. Once identified, Contractor shall monitor, account for, and maintain float in accordance with critical path methodology. In that regard, to the extent that the Baseline Schedule reflects a project completion date earlier than that specified in this Contract, it is understood and agreed by Contractor that NTTA disclaims any liability for Contractor’s failure to achieve such completion date regardless of the cause of such failure. No claim for the failure to achieve an early completion shall be submitted or approved.  All schedules will be approved by NTTA only upon review and recommendation from the Engineer. Approved schedules will become a part of this Contract. The approval of a schedule by NTTA does not relieve the Contractor of responsibility for the accuracy and feasibility of such schedule.

5.5.2.1. Preliminary Schedule. A Preliminary Baseline Schedule showing activities beginning with the start of time charges for the Contract and include all activities to be performed in the first 90 calendar days from the start of time charges. A Preliminary Baseline Schedule is due 14 days before the pre-construction conference, and the Final Baseline Schedule is due 20 days after receipt of comments on the Preliminary Baseline Schedule or within two weeks from the start of Work, whichever is earliest.

5.5.2.2. Baseline Schedule. The Baseline Schedule shall include the major construction activities for the Contract including each activity that may impact the start or completion of related construction activities.  The Baseline Schedule shall be a time-scaled network logic diagram, showing the work stages and operations for all activities required by this Contract. The diagram shall be in sufficient detail to allow day-to-day monitoring of the Contractor’s operations. The diagram shall include milestone events as identified by this Contract.  The Baseline Schedule shall include a detailed network diagram acceptable to the Engineer with the following features: • All submitted schedule reports shall include in this sequence: Activity ID, Activity Description, Original Duration, Remaining Duration, Percent Complete, Baseline Start, Baseline Finish, Total Float, Budgeted Quantity and Unit of Measure, similar to the proposal. • The schedule shall be time-scaled in calendar days. All activities shall be plotted on their early start and finish dates. Unless approved by the Engineer, activities shall not exceed 20 working days in length. • The order and interdependence of activities and the sequence of work shall be clear and in chronological order. • In addition to all construction activities and contractual milestones or interim completion dates, such tasks as mobilization, demobilization, submittal and approval of samples of materials, submittals and approval of shop drawings and forming designs, procurement of significant materials and equipment, fabrication of special items and their installation and testing, interfacing with other contracts, opening to traffic, and final clean up shall be

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depicted in the schedule and are subject to the same requirements as other construction activities. • Activities shall be sufficiently detailed with clear definitions using “log record” if necessary so that a reviewer can follow the sequence. • The diagram shall show, for each activity, the preceding and following event numbers or the activity number, the activity description, the total float, and the duration of the activity in calendar days. • Activity descriptions shall be unique and specific with respect to the type of work and its location. • All activities shall be tied into Activity Codes, i.e. type of work activities, area of work, phase of work, and bid item. • All settings within the Scheduling/Leveling dialog box shall remain default. • The only open-ended activities shall be the first activity and the last activity; no additional open-ended activities will be accepted. • Excessive predecessor/successor usage will not be accepted; 3 to 4 predecessors/successors to an activity. • All out-of-sequence activities shall be corrected prior to schedule submission. • No hammocks are to be used. • Any constraints to be utilized on the schedule other than the Contract milestone dates must be authorized in advance by the Engineer. • Critical path shall be determined by the longest path and will be noted in red. • Additional milestones other than contract milestones and the predecessor/successor logic used by the Contractor shall be approved by the Engineer. • Activity IDs will be unique and cannot be altered or reused. • Activity descriptions are to be unique.

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.

No payment will be processed until the Final Baseline Schedule is approved by the Engineer.

5.5.2.3. Progress Schedule. The Progress Schedules shall include at least Monthly Updates shown against the Approved Baseline Schedule and will be used by the Contractor and the Engineer to track the progress of specific construction activities.

The Schedule Updates and Reports shall be submitted monthly and shall:  Show the activities or portion of activities completed during the one month report period, the activities completed on this Contract to date, show the actual start and finish dates for completed activities, and show a start date and percent complete for activities in progress.  Provide a narrative description of job progress, problem areas, current and anticipated delaying factors and their anticipated effect, and any corrective actions proposed or taken. The narrative description shall also clearly identify the critical path, any departures from earlier

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schedules, including, but not limited to, changes in logical sequence or logical ties, constraints, changes in activity duration, and any other changes, additions, or departures. The reason for each departure must be included in the narrative description. Any additions, deletions, or changes to milestone events must be approved by the Engineer. Major activities to be worked on in the next 30 and 60 days, as well as any major activities that took place in the last 30 days.  Contain a tabulation of the following data for each activity: • preceding and following event numbers (numbers shall be selected and assigned so as to permit identification of the activities with bid items); • Activity description; • activity duration; • earliest start date; • earliest finish date; • latest start date; • latest finish date; • approved Baseline Start Date; • approved Baseline Finish Date; • total float times; and • responsibility for activity (e.g., Contractor, Subcontractor, supplier, etc.)  List any problem areas that could cause a delay.  Show number of days that the Contractor is behind schedule, and when required, show a detailed recovery plan of how the Contractor will bring the project back into compliance of the mandatory construction dates.  When an activity within the schedule does not have work progressed within 30 days, the activity must be given a finish date and new logic added to a new activity detailing when work will resume on the area where progress was ceased. This information must be entered into the log as to the reason the activity was ceased and establish a new activity number where progress will resume.  Any change to the descriptions must be approved by the Engineer.

Submit the Monthly Update against the Approved Baseline Schedule, revised Project Status Spreadsheet, and other schedules when required. The cut-off day shall be the 25th day of the month. If the Contractor provided Monthly Updates against the Approved Baseline Schedule and Project Status Spreadsheet showing project payouts are not received by the 5th of the next month, the Contractor agrees that NTTA may withhold an additional 10% of the current construction pay estimate until the Contractor is in compliance. Additional money withheld will be paid to the Contractor with the next scheduled monthly construction pay estimate following compliance

5.2.3.1. Project Status Spreadsheet. Submit the Project Status Spreadsheet in the format as shown in Attachment A of this item or as directed by the Engineer at no additional cost to NTTA. The Project Status Spreadsheet will summarize the monthly and cumulative status of the project, revenue, forecasted revenue, and approved change orders. The project status, revenue status, and forecasted revenue listed on the Project Status Spreadsheet shall be calculated based on the Baseline Schedule/Revised Baseline Schedule.

5.2.3.2. Schedule Delay  If, at any time, the work on any critical path item is delayed for a period which exceeds 20 working days, then the Contractor shall prepare and submit to the Engineer, for review and approval at the next monthly update against the approved baseline schedule submittal, a Recovery Schedule demonstrating Contractor's proposed plan to regain lost schedule progress and to achieve the original contractual milestones as stated in this Contract.

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 The Engineer shall notify the Contractor within 14 days after receipt of each Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven (7) days after the rejection, the Contractor shall resubmit a revised Recovery Schedule incorporating the Engineer's comments for review and approval. When the Engineer accepts the Contractor's Recovery Schedule, the Contractor shall incorporate and fully include such schedule into the next Monthly Update against the Approved Baseline Schedule and all future submittals.  All costs incurred by the Contractor and its subcontractors, suppliers, and vendors in preparing, implementing, and achieving the Recovery Schedule shall be borne by the Contractor.  If Contractor fails to provide an acceptable Recovery Schedule as required herein, NTTA shall withhold an additional 10% of the current progress payment until the Contractor has prepared and the Engineer has approved such Recovery Schedule. Additional money withheld will be paid to the Contractor with the next scheduled monthly construction pay estimate following compliance.

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 timeframes outlined above will compromise NTTA’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.

5.4 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.

The time impact analysis shall compare the status of the Work before the impact (Step 1) to the prediction of the effect (Step 2), illustrating the influence of each asserted change to the last approved Monthly Update against the Approved Baseline Schedule. Each time impact analysis shall include a fragnet demonstrating how the Contractor proposes to incorporate the change into an Update against the Approved Baseline Schedule.

Each analysis shall demonstrate the estimated time impact based on the events, the date the direction was given to the Contractor to perform the changed work, the status of construction at that point in time, and the computation of event item of all critical activities affected by the change. The event times and activity durations used in the analysis shall be those included in the latest revision and Monthly Update against the Approved Baseline Schedule at that point in time, or as adjusted for the events.

The Engineer will accept or reject the Contractor's time impact analysis within 20 working days after receipt thereof, unless subsequent meetings and negotiations are necessary. 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.

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Once a change order has been executed by both parties, fragnets illustrating the influence of extra work orders shall be incorporated into the next Monthly Updates against the Approved Baseline Schedule and included in all future submittals.

6. FAILURE TO COMPLETE THE WORK ON TIME

If the Contractor fails to complete fully, entirely, and in conformity with the provisions of this Contract, the Work and each and every part or appurtenance thereof within the time stated in this Contract, or a separate work order when specified in the Contract, or within such further time as may have been granted in accordance with the provisions of Article 8.9, “Extension of Time,” pay \ NTTA for each and every calendar day (Saturdays, Sundays, and legal holidays included if defined as working days) that the Contractor is in default on time to complete the Work, the amount or amounts specified in the Proposal and in the Special Provision – Important Notice to Contractors – Mandatory Construction Schedule, if included in this Contract, which said amount(s) per day is agreed upon by the parties hereto to be liquidated damages, not a penalty. Such amount(s) may, at NTTA’s sole discretion, be deducted from any money due or to become due to the Contractor.

The project, of which the Work forms an essential part, is operated as a controlled access toll turnpike project, and delay in completion of the Work will cause disruption in the operation of currently constructed or planned portions of the project, and will cause losses to NTTA including, but not limited to, lost revenue, additional interest on monies borrowed, increased administrative, legal and engineering costs, and other tangible and intangible losses. The liquidated damages set forth in the proposal, and incorporated herein by reference, are to partially offset such losses and expenses.

The Contractor unconditionally and irrevocably acknowledges and agrees that the actual amount of said losses and expenses would be impossible or extremely difficult to determine, and that the liquidated damages set forth herein constitute a fair and reasonable estimate by the parties of the amount of said losses and expenses and in no event shall constitute or be construed as a penalty. The Contractor irrevocably and unconditionally acknowledges that the time limits set forth in the Contract constitute an essential benefit for NTTA and an essential element of the Contract.

NTTA may, at its sole discretion, recover said liquidated damages by deducting the amount thereof from any monies due or that may become due to the Contractor, and if said monies be insufficient to cover said damages, then the Contractor or its Surety shall pay the amount due and NTTA shall be entitled to any and all rights and remedies available to it in law or equity to recover same.

The Engineer, at its sole discretion and option, may waive the collection of liquidated damages if the Work in its entirety, or if any portion of the Work for which a date of completion is stipulated, has been substantially completed within the prescribed time of completion therefore.

6.1 Substantial completion. That measure of completion of the Work under this Contract that will ensure the following:  that there will be no delay in the opening of the applicable portion of the project for operation on the established date, nor in the operation of currently constructed portions of the project as a result of the failure of the Contractor to fully complete the Work or any part or parts thereof within the prescribed times of completion; and  that there will be no delay in the reopening of any public or private streets, rights-of-way, or thoroughfares which, in connection with the project, have been either totally or partially closed, or from which public traffic has been diverted by detour as a result of the failure of the Contractor to fully complete the Work or any part or parts thereof within the prescribed times of completion; and

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 that all other concurrent or subsequent work by other contractors can proceed on any incomplete or completed part or parts of the project on the dates set forth in the contracts for said other work; and  that the uncompleted work under the Contract will be performed in a sequence and manner that will not delay, impair the efficiency or safety of, nor increase the costs to, the public, other contractors, NTTA, or NTTA’s agents and consultants, nor result in the loss of toll revenues that NTTA would otherwise collect if the Work were completed by the stipulated date of final completion; and  that NTTA may utilize the Project for its intended use and generate revenue at the anticipated level as determined by the Engineer in its sole discretion.

The Engineer shall be the sole judge as to whether substantial completion has been achieved as described above, and no other standard shall apply.

6.2 Final completion. The completion of the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformity with the provisions of this Contract so that nothing remains to be done, including any corrective or “punchlist” items, as described in Article 9.10, “Final Payment,” set forth in Special Provision to Item 9, the issuance of certifications of completion and acceptance by the Consulting Engineers and, if required by the Engineer, the Construction Manager, and NTTA’s acceptance of said certifications of completion and acceptance, which acceptance shall be provided or withheld in the sole judgment of the Engineer.

If the Contractor fails to complete the Work within the time fixed by this Contract, or extensions thereof, and if the Engineer shall, nevertheless, permit the Contractor to continue and complete the same, such permission shall neither modify nor waive any liability of the Contractor for damages arising from non-completion of the Work within the said time, but all such liabilities shall continue in full force and effect against the Contractor.

7. DEFAULT OF 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;  becomes insolvent, is declared bankrupt, commits an act of bankruptcy or insolvency, allows any final judgment to remain unsatisfied for a period of 10 days, or makes an unauthorized assignment for the benefit of any creditors;  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;  commits fraud or other unfixable conduct as determined by NTTA;  repeatedly refuses or fails to supply enough properly skilled workers or proper materials;  fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;  repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority;  otherwise is guilty of substantial breach of a provision of the Contract Documents; or

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 breaches any warranty made by Contractor.  fails to prepare and submit schedules as required by the Contract.

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 7 days after the notice, NTTA will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract. If the Contractor provides NTTA written notice of voluntary default of the Contract, NTTA may waive the 7 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. NTTA may suspend work in accordance with Section 8.4., “Temporary Suspension of Work or Working Day Charges,” to investigate apparent fraud or other unfixable conduct before defaulting the Contractor. The Contractor may be subject to sanctions under the TAC.

NTTA will determine the method used for the completion of the remaining work as follows:  For Contracts without performance bonds, NTTA will determine the most expeditious and efficient way to complete the Work, and recover damages from the Contractor.  For Contracts with performance bonds, NTTA will require the Contractor’s Surety to complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety. NTTA reserves the right to approve or reject proposed subcontractors. Work may resume after NTTA 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. NTTA may complete the Work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by NTTA 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 NTTA), NTTA will maintain traffic control devices and will do any other work it deems necessary, unless otherwise agreed upon by NTTA and the Surety. All costs associated with this work will be deducted from money due to the Surety.

NTTA 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 NTTA as a result of the default, including the cost of completing the Work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay NTTA the balance of these costs in excess of the Contract price. In case the costs incurred by NTTA are less than the amount that would have been payable under the Contract if the Work had been completed by the Contractor, NTTA will be entitled to retain the difference.

Comply with Article 8.2, “Subcontracting,” and abide by the DBE commitments previously approved by NTTA. Section 8.2.1., “Construction Contracts and Federally Funded Maintenance Contracts,” is waived.

No markups as defined in Article 9.7., “Payment for Extra Work and Force Account Method,” will be allowed for the Surety.

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8. TERMINATION OF CONTRACT

NTTA 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  NTTA determines that termination of the Contract is in the best interest of the State 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.

Termination of the Contract, as stated above, will not relieve the Contractor or the Surety of the responsibility of replacing defective Work as required by the Contract.

8.1 Procedures and Submittals. NTTA 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 by the Engineer,  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 of the Contract,  create an inventory report, including all acceptable materials and products obtained for the Contract that have not been incorporated in the Work that was terminated (include in the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products), and  take any action necessary, or that the Engineer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which NTTA 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. NTTA 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,

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 storage, transportation, restocking, and other costs incurred necessary for the preservation, protection, or disposition of the termination inventory, and  other expenses acceptable to NTTA.

9. EXTENSION OF TIME

Throughout the progress of the Work, areas in which construction can be performed may be limited until (1) additional rights-of-way are obtained, (2) utilities are adjusted, (3) other contractors and public utility companies have moved out of the way of the progress of construction, or (4) changes in the Work have been issued.

A request for an extension of time that is timely and properly made pursuant to Article 4.4, “Changes in the Work” or Article 4.5 “Differing Site Conditions” may be granted by the Engineer notwithstanding that other work can be completed under the Contract. Also, the Engineer may respond to a request timely and properly made under Article 4.4, “Changes in the Work” or Article 4.5 “Differing Site Conditions” before Substantial Completion of the Work. Otherwise, notwithstanding anything to the contrary contained herein, except for requests pursuant to Article 4.4, “Changes in the Work” or Article 4.5 “Differing Site Conditions,” requests for time extensions based upon delays, disruptions, or hindrances arising from any of the above-referenced causes or any other cause will not be considered, nor will Contractor be entitled to any such time extensions, until all construction that can be performed under the Contract has been completed in the sole judgment of the Engineer or halted by order of NTTA and any determination by the Engineer to grant an extension of time due to the conditions referenced in this Article 8.9 will not be made until after substantial completion of the Work.

Unless otherwise provided herein, no extension of time will be considered unless written notice is given to the Engineer of such delay and of the Contractor’s intention to request an extension of time within five (5) days after the beginning of such delay, and said notice shall give complete information as to the nature, cause, and probable extent of the delay.

NTTA’s decision to grant an extension, or multiple extensions, of time to any other contractor involved in the project, or any other project for NTTA, for any reason whatsoever, shall not in any way affect the Contractor’s obligations hereunder nor NTTA’s right to insist on full and timely performance pursuant to the terms of the Contract.

10. TIME OF THE ESSENCE

Time is of the essence in the performance of all work to be done by the Contractor pursuant to this Contract.

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ATTACHMENT A - PROJECT STATUS SPREADSHEET # 12/28/08

Contract No.: XXXXX-XXX-XX-CN-PD Highway: President George Bush Turnpike Section: XX Contractor's Name: ABC Construction Report Period: 11/26/2008 - 12/25/2008 Notice-to-Proceed Date: 5/14/2008 Estimated Completion Date: 11/20/2009

Original Contract Value: $31,768,954.70

Total Approved Change Orders $ 794,742.80 (including this month): Total Contract Value (This Month): $32,563,697.50

MONTHLY STATUS PSS #1 PSS #2 PSS #3 PSS #4 PSS #5 PSS #6 PSS #7 Month Jan-08 Feb-08 Mar-08 Apr-08 May-08 Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Schedules % Complete (monthly) 5.0% 5.5% 6.5% 6.5% 7.0% 7.0% 5.5% Project Status Actual % Complete (monthly) 4.3% 6.2% 6.9% 6.5% 7.3% 5.9% 5.0%

Scheduled $ (monthly) $ 3,000,000.00 $ 1,700,000.00 $ 1,700,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 1,300,000.00 $ 1,000,000.00 Actual $ (monthly) $ 2,769,484.40 $ 1,965,836.90 $ 1,893,892.50 $ 1,888,756.40 $ 1,767,650.00 $ 1,304,769.70 $ 1,099,765.10 Revenue Status Scheduled % Complete (monthly) 9.4% 5.4% 5.3% 6.3% 6.3% 4.0% 3.1% Actual % Complete (monthly) 8.7% 6.2% 5.9% 5.9% 5.5% 4.0% 3.4%

Current Submittal (monthly) Previous Submittal (monthly) Forecasted Revenue $ 1,200,000.00 Variance (monthly) Approved Change Approved Change Orders (monthly) $ 225,807.80 $ 568,935.00 Orders

CUMULATIVE STATUS Month Jan-08 Feb-08 Mar-08 Apr-08 May-08 Jun-08 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Schedules % Complete (cumulative) 5.0% 10.5% 17.0% 23.5% 30.5% 37.5% 43.0% Project Status Actual % Complete (cumulative) 4.3% 10.5% 17.4% 23.9% 31.2% 37.1% 42.1%

Scheduled $ (cumulative) $ 3,000,000.00 $ 4,700,000.00 $ 6,400,000.00 $ 8,400,000.00 $ 10,400,000.00 $ 11,700,000.00 $ 12,700,000.00 Actual $ (cumulative) $ 2,769,484.40 $ 4,735,321.30 $ 6,629,213.80 $ 8,517,970.20 $ 10,285,620.20 $ 11,590,389.90 $ 12,690,155.00 Revenue Status Scheduled % Complete (cumulative) 9.4% 14.8% 20.0% 26.3% 32.5% 35.9% 39.0% Actual % Complete (cumulative) 8.7% 14.9% 20.7% 26.6% 32.1% 35.6% 39.0% Current Submittal (cumulative) Forecasted Revenue Previous Submittal (cumulative) $ 1,200,000.00 Approved Change Approved Change Orders (cumulative) $ - $ - $ 225,807.80 $ 225,807.80 $ 225,807.80 $ 794,742.80 $ 794,742.80 Orders

Notes: Schedules % Complete (monthly) Enter the estimated percent complete for each month based on the Baseline Schedule. Project Status Actual % Complete (monthly) Enter the actual percent complete for each month based on the Baseline Schedule.

Scheduled $ (monthly) Enter the estimated total dollar amount requested for each month based on the Baseline Schedule. Actual $ (monthly) Enter the actual dollar amount shown on the monthly invoice Revenue Status Scheduled % Complete (monthly) Enter the calculated percent complete of estimated cost for each month over the total contract amount. Actual % Complete (monthly) Enter the calculated percent complete of actual dollar amount for each month over the total contract amount.

Current Submittal (monthly) Enter the forecasted spending for next month and the remainder of the Contract. Previous Submittal (monthly) Forecasted Revenue Enter the monthly forecasted spending submitted from the previous Progress Status Spreadsheet Variance (monthly) Enter the calculated monthly variance in percent using the following formula: [Previous Submittal (monthly)-Current Submittal (monthly)]/Current Submittal (monthly) Approved Change Approved Change Orders (monthly) Enter the approved change order amount. Orders

Cumulative Status Table (contained The cumulative percent and dollar amounts shall be calculated from data shown in the Monthly Status Table. formulas only)

Created: Feb-09 1 of 1 165

ATTACHMENT A - PROJECT STATUS SPREADSHEET #10 3/29/09

Contract No.: XXXXX-XXX-XX-CN-PD Highway: President George Bush Turnpike Section: XX Contractor's Name: ABC Construction Report Period: 2/26/2009 - 3/25/2009 Notice-to-Proceed Date: 5/14/2008 Estimated Completion Date: 11/20/2009 Original Contract Value: $31,768,954.70 Total Approved Change Orders $ 1,062,241.20 (including this month):

Total Contract Value (This Month): $32,831,195.90

MONTHLY STATUS PSS #8 PSS #9 PSS #10 PSS #11 PSS #12 PSS #13 PSS #14 PSS #15 PSS #16 PSS #17 PSS #18 Month Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Schedules % Complete (monthly) 5.0% 5.0% 5.5% 6.5% 7.5% 7.5% 8.0% 8.0% 1.5% 1.5% 1.0% Project Status Actual % Complete (monthly) 5.6% 5.4% 7.1%

Scheduled $ (monthly) $ 1,200,000.00 $ 1,500,000.00 $ 1,750,000.00 $ 2,200,000.00 $ 2,500,000.00 $ 2,500,000.00 $ 2,500,000.00 $ 2,800,000.00 $ 1,700,000.00 $ 1,050,000.00 $ 431,195.90 Actual $ (monthly) $ 1,167,306.90 $ 1,376,985.30 $ 1,879,543.10 Revenue Status Scheduled % Complete (monthly) 3.7% 4.6% 5.3% 6.7% 7.6% 7.6% 7.6% 8.5% 5.2% 3.2% 1.3% Actual % Complete (monthly) 3.6% 4.2% 5.7% Current Submittal (monthly) $ 2,250,000.00 $ 2,500,000.00 $ 2,700,000.00 $ 2,500,000.00 $ 2,800,000.00 $ 1,500,000.00 $ 1,050,000.00 $ 417,205.60 Forecasted Previous Submittal (monthly) $ 1,900,000.00 $ 2,200,000.00 $ 2,400,000.00 $ 2,500,000.00 $ 2,500,000.00 $ 2,500,000.00 $ 900,000.00 $ 650,000.00 $ 167,205.60 Revenue Variance (monthly) -2.2% -4.0% -7.4% 0.0% -10.7% -40.0% -38.1% -59.9% Approved Change Approved Change Orders (monthly) $ 267,498.40 Orders

CUMULATIVE STATUS Month Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Schedules % Complete (cumulative) 48.0% 53.0% 58.5% 65.0% 72.5% 80.0% 88.0% 96.0% 97.5% 99.0% 100.0% Project Status Actual % Complete (cumulative) 47.7% 53.1% 60.2%

Scheduled $ (cumulative) $ 13,900,000.00 $ 15,400,000.00 $ 17,150,000.00 $ 19,350,000.00 $ 21,850,000.00 $ 24,350,000.00 $ 26,850,000.00 $ 29,650,000.00 $ 31,350,000.00 $ 32,400,000.00 $ 32,831,195.90 Actual $ (cumulative) $ 13,857,461.90 $ 15,234,447.20 $ 17,113,990.30 Revenue Status Scheduled % Complete (cumulative) 42.7% 47.3% 52.2% 58.9% 66.6% 74.2% 81.8% 90.3% 95.5% 98.7% 100.0% Actual % Complete (cumulative) 42.6% 46.8% 52.1% Current Submittal (cumulative) Forecasted $ - $ - $ - $ 2,250,000.00 $ 4,750,000.00 $ 7,450,000.00 $ 9,950,000.00 $ 12,750,000.00 $ 14,250,000.00 $ 15,300,000.00 $ 15,717,205.60 Previous Submittal (cumulative) Revenue $ - $ - $ 1,900,000.00 $ 4,100,000.00 $ 6,500,000.00 $ 9,000,000.00 $ 11,500,000.00 $ 14,000,000.00 $ 14,900,000.00 $ 15,550,000.00 $ 15,717,205.60 Approved Change Approved Change Orders (cumulative) $ 79 4,742.80 $ 79 4,742.80 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 $ 1,062,241.20 Orders

Notes: Schedules % Complete (monthly) Enter the estimated percent complete for each month based on the Baseline Schedule. Project Status Actual % Complete (monthly) Enter the actual percent complete for each month based on the Baseline Schedule.

Scheduled $ (monthly) Enter the estimated total dollar amount requested for each month based on the Baseline Schedule. Actual $ (monthly) Enter the actual dollar amount shown on the monthly invoice Revenue Status Scheduled % Complete (monthly) Enter the calculated percent complete of estimated cost for each month over the total contract amount. Actual % Complete (monthly) Enter the calculated percent complete of actual dollar amount for each month over the total contract amount. Current Submittal (monthly) Enter the forecasted spending for next month and the remainder of the Contract. Forecasted Previous Submittal (monthly) Enter the monthly forecasted spending submitted from the previous Progress Status Spreadsheet Revenue Variance (monthly) Enter the calculated monthly variance in percent using the following formula: [Previous Submittal (monthly)-Current Submittal (monthly)]/Current Submittal (monthly) Approved Change Approved Change Orders (monthly) Enter the approved change order amount. Orders

Cumulative Status Table (contained The cumulative percent and dollar amounts shall be calculated from data shown in the Monthly Status Table. formulas only)

Created: Feb-09 1 of 1 166 009.05

Special Provision to Item 9 “Measurement and Payment”

Item 9, “Measurement and Payment” of the Standard Specifications is amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed.

Article 9.4., “Scope of Payment,” is supplemented by the addition of the following:

4. SCOPE OF PAYMENT

Notwithstanding anything to the contrary contained herein, except claims pursuant to Article 4.5, “Differing Site Conditions,” and to the fullest extent permitted by law, NTTA will not be liable and the Contractor hereby waives any claim for any loss or damage incurred by the Contractor, whether direct or indirect or whether related to efforts by the Contractor to accelerate the Work, on account of any delay, disruption, hindrance or any other impediment whatsoever, no matter by what or by whom caused, including, but not limited to, by reason of the Engineer’s acts in giving directions, in temporarily suspending the Work or, in rejecting materials or methods or workmanship; or by seasons, weather or stream fluctuations; or by the acts or failure to act of utility owners, railroads, governmental or quasi-governmental agencies or authorities; or by the non- completion of work to be performed by NTTA, by other contractors, by utility owners, railroads or by others. Rather, the amounts provided in this Contract for payment for the Work are understood and agreed to include and cover all expenses or costs due to delays, disruptions, hindrances or any other impediment regardless of their cause. The Contractor shall accept the compensation, as provided in this Contract, as full payment for furnishing all materials, supplies, labor, tools, and equipment necessary to complete the Work under this Contract; for any loss or damage which may arise from the nature of the Work, or from the action of the elements, until the final acceptance of the Work by the Engineer; for any infringement of patent, trademark or copyright; and for completing the Work according to the plans and the specifications. The payment of any current or partial estimate shall in no way affect the obligation of the Contractor at its expense to repair or renew any defective parts of the construction or to replace any defective materials used in the construction and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work.

Article 9.7., “Payment for Extra Work and Force Account Method,” is supplemented by the addition of the following:

7.1.9 Prior Agreement of NTTA Required. Work performed on a “Force Account” basis must be agreed upon, in writing, by NTTA. NTTA will not be liable for the cost of Work allegedly performed on a “Force Account” basis unless agreed upon in writing by NTTA prior to the commencement of such Work.

7.1.10 Full Compensation. The compensation, as herein provided for, shall be received by the Contractor as payment in full for extra Work completed on the “force account” basis and will include, but not be limited to, use of small tools, overhead expense and profit.

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Article 9.8., “Retainage,” is deleted and replaced by the following:

8. RETAINAGE

NTTA will hold retainage on the Contractor at 5% of the total amount approved for payment until the completion and final acceptance. The Contractor may withhold retainage on Subcontractors in accordance with state and federal regulations.

8.1 Partial Retainage Release.

8.1.1 Vegetative Establishment and Maintenance, Test and Performance Periods. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract for all work locations, NTTA may release a portion of the amount retained provided all other work is completed as determined by the Engineer. 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.

8.1.2 Final Acceptance. 60% of the 5% retainage withheld will be released upon final acceptance.

8.2. Final Retainage Release. The remaining retainage will be released after all submittals are received and final quantities have been determined. 8.3. Federally and Non-Federally Funded Projects. For federally funded projects, a retainage bond will be required to guarantee the protection of any claimants and NTTA for overpayments, liquidated damages, and other deductions or damages owed by the Contractor in connection with the Contract; therefore, for projects in which a retainage bond is supplied, this Article 8., “Retainage” will not be applied.

For non-federally funded projects or any project for which a retainage bond is not supplied, the retainage will be withheld in accordance with the requirements set forth in this Article 8., “Retainage.”

Article 9.9., “Payment Provisions for Subcontractors,” is supplemented by the addition of the following:

NTTA 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 as described in this Article.

Article 9.10., “Final Payment,” is deleted and replaced by the following:

10. FINAL PAYMENT

When the Work has been completed by the Contractor and all parts of the Work have been reviewed and certified by the Engineer that the Work has been completed in full and in conformance with the plans, specifications, and other components of this Contract, NTTA will pay to the Contractor the full amount of compensation earned by the Contractor based upon the latest available quantity measurements, less the retainage provided for herein. This estimate will be known as the semifinal estimate and shall have deducted from it (if any) the monies paid in all previous payments.

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Subsequent to the date of the semifinal estimate and at such time as all work has been completed, the construction contract closeout process shall be completed and approved by NTTA to ensure that all specified work has been completed in accordance with the requirements of the contract, that all documents of record have been received, and that all financial covenants and requirements pertaining to the contract are satisfied, NTTA will pay to the Contractor the full amount of the compensation earned by the Contractor less any sums previously paid under this Contract, provided, however, that before making final payment of the full amount earned by the Contractor, NTTA may require the Contractor to furnish satisfactory evidence that the Contractor has paid all payrolls, bills, expenses, and costs of every type and nature whatsoever connected with the performance of the Work under this Contract.

The acceptance by the Contractor of final payment shall release NTTA from all claims and liabilities of every type and nature owing to the Contractor in connection with performance of the Work under this Contract.

Nothing in this Item concerning payment shall be construed to prevent NTTA from withholding or deducting from the final payment to the Contractor the total amount of any claims of any type or nature whatsoever, including, but not limited to, liquidated damages, which NTTA shall have against the Contractor, nor shall the preceding paragraph be construed as preventing NTTA from requiring bond from the Contractor to cover claims which may have been filed with NTTA against the Contractor by others.

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Added page for double sided printing 170 100.01

Special Provision to Item 100 Preparing Right of Way

Item 100, “Preparing Right of Way,” 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 100.4., “Payment.” The second paragraph is voided and replaced by the following:

Total payment of this Item will not exceed 4% of the original contract amount until final acceptance. The remainder will be paid on the estimate after the final acceptance under Article 5.12., “Final Acceptance.”

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Added page for double sided printing 172 132-002

Special Provision to Item 132 Embankment

Item 132, “Embankment” 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 132.3.4., “Compaction Methods.” The last sentence is replaced by the following.

Compact embankments in accordance with Section 132.3.4.1., “Ordinary Compaction,” or Section 132.3.4.2., “Density Control,” as shown on the plans. The Contractor may use Section 132.3.4.3., “Density Control by Computer-Generated (CG) Curve,” as an option for density control.

Article 132.3.4., “Compaction Methods,” is supplemented by the following.

3.4.3. Density Control by Computer-Generated (CG) Curve. At the Contractor’s discretion, CG curves may be used for density control.

Compact each layer to the required density using equipment complying with Item 210, “Rolling.” Determine the maximum lift thickness based on the ability of the compacting operation and equipment to meet the required density. Do not exceed layer thickness of 12 in. loose or 10 in. compacted material, unless otherwise approved. Maintain a level layer with consistent thickness to ensure uniform compaction.

When using this method for each source and type of material, or when directed, sample and conduct testing according to the input parameters specified in Table 3 and provide CG field moisture-density curves based on each soil-compactor-lift thickness combination and CG Tex-114-E moisture-density curves based on each lift of soil. The CG field dry density (Dfcg) must be greater than or equal to the CG Tex-114-E maximum dry density (Dacg). The Engineer may obtain independent soil samples for supplemental Tex-114-E lab tests to check a supplemental maximum dry density (Da) and optimum moisture content (Wopt) for reference when new CG curves are submitted. Provide access to the computer program used to generate the curve, when directed.

Table 3 Computer-Generated Lab and Field Compaction Curve Input Criteria Input Variables Test Method Liquid Limit, % Tex-104-E Plasticity Index (PI), % Tex-106-E Tex-110-E Soil gradation Tex-111-E Soil classification Tex-112-E Compaction roller brand, N/A type, and model Loose lift thickness, in. N/A Use 2.65 for soil type SC. Soil specific gravity Use 2.68 for soil type CL. Use 2.69 for soil type CH.

Provide a compaction control report showing all input and output parameters and CG compaction curves, including:  CG Tex-114-E laboratory maximum dry density (Dacg),  CG Tex-114-E laboratory optimum moisture content (Woptcg),  CG field maximum dry density (Dfcg),

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 CG field optimum moisture content (Wfoptcg),  graph of CG laboratory and field compaction curves and the “Zero Air Voids Line,” and  minimum number of roller passes to achieve the required density and moisture content.

Meet the requirements for field maximum dry density (Dfcg) and field optimum moisture content (Wfoptcg) specified in Table 4, unless otherwise shown on the plans. Use only the specific roller and soil properties utilized in lift construction as input parameters to generate the CG field curve used to meet moisture-density requirements in construction. Table 4 Computer-Generated Lab and Field Compaction Curve Input Criteria Density Moisture Content Description Tex-115-E

PI ≤ 15  98% Dfcg  Wfoptcg

15 < PI ≤ 35  98% Dfcg and≤ 102% Dfcg  Wfoptcg

PI > 35  95% Dacg and≤ 100% Dacg  Wfoptcg

Each layer is subject to testing by the Engineer for density and moisture content. During compaction, the moisture content of the soil should be above CG optimum moisture content but should not exceed the value shown on the moisture-density curve, above optimum, required to achieve 98% dry density.

When the CG field maximum dry density (Dfcg) is not achieved, perform the following steps in order.  Verify that construction controls including lift soil properties, minimum number and uniformity of compactor passes, lift thickness, and moisture content are correct.  If needed, rework the lift with the corrected controls using the original CG curve.  Generate a new CG field compaction curve based on actual in-place soil properties and rework the lift.  Generate a non-CG Tex-114-E moisture-density reference standard and rework the material using this reference standard.

When required, remove small areas of the layer to allow for density tests. Replace the removed material and recompact at no additional expense to the Department. Proof-roll in accordance with Item 216, “Proof Rolling,” when shown on the plans or as directed. Correct soft spots as directed.

Article 132.3.5., “Maintenance of Moisture and Reworking.” The first sentence is replaced by the following.

Maintain the density and moisture content once all requirements in Table 2 or 4 are met.

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Special Provision to Item 161 Compost

Item 161, “Compost” 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 161.2., “Material.” Table 1 is supplemented by addition of the following:

Physical Requirements for Compost Property Test Method Requirement Maturity by CO2 TMECC 05.08-B, “Solvita® Carbon Dioxide Test” Solvita® Compost Maturity Index ≥ 6 Respiration Ammonia TMECC 05.08-E, “Solvita® Ammonia Test” Solvita® Compost Maturity Index ≥ 4

3. Both Carbon Dioxide and Ammonia test results for top soil should be within 60 days before delivery to the job site. ______Article 161.2., “Material.” The last paragraph is deleted and replaced by the following:

Sampling and testing is required for all composts before delivery to the jobsite. The compost producer must furnish the necessary samples and documents that will be needed to meet requirements. These samples will be used by the Engineer to confirm the stability and maturity properties.

Final inspection and acceptance of composts will be made at the jobsite. Compost will be rejected by the Engineer if it fails to meet the minimum requirements of Table 1. All test reports will become part of the project records. The removal of rejected compost and its replacement with suitable compost will be performed at the Contractor’s expense with no additional cost to the Authority. ______Article 161.5., “Payment.” The fourth paragraph is voided and replaced by the following:

This price is full compensation for loading, hauling, stockpiling, blending, placing, rolling, sprinkling, equipment, labor, materials (including topsoil for CMT and wood chips for ECC), tools, and incidentals. Contractor is responsible for paying for the material testing before delivery to the job site.

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Added page for double sided printing 176 162.00

Special Provision to Item 162 Sodding for Erosion Control

Item 162, “Sodding for Erosion Control,” 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 162.2., “Materials.” The first paragraph is voided and replaced by the following:

2. Materials. Use live, growing grass sod of the type specified on the plans. Use grass sod with a healthy root system and dense matted roots throughout the soil of the sod for a minimum thickness of 1.5 in. Do not use sod from areas where the grass is thinned out. Keep sod material moist from the time it is dug until it is planted. Grass sod with dried roots is unacceptable.

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Added page for double sided printing 178 300-015

Special Provision to Item 300 Asphalts, Oils, and Emulsions

Item 300, “Asphalts, Oils, and Emulsions,” 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 300.2., “Materials.” The first paragraph is voided and replaced by the following.

Provide asphalt materials that meet the stated requirements when tested in accordance with the referenced Department, AASHTO, and ASTM test methods. Use asphalt containing recycled materials only if the recycled components meet the requirements of Article 6.9, “Recycled Materials.” Provide asphalt materials that the Department has preapproved for use in accordance with Tex-545-C, “Asphalt Binder Quality Program.”

Inform the Department of all additives or modifiers included in the asphalt binder as part of the facility quality plan, as required by Tex-545-C, “Asphalt Binder Quality Program,” and provide that information to Department personnel. The Department reserves the right to prohibit the use of any asphalt additive or modifier.

Limit the use of polyphosphoric acid to no more than 0.5% by weight of the asphalt binder.

Limit the use of re-refined engine oil bottoms to no more than 5.0% by weight of the asphalt binder.

1 - 4 02-19 Statewide 179 300-015

Section 300.2.4., “Emulsified Asphalt,” Table 10 is voided and replaced by the following:

Table 10 Polymer-Modified Cationic Emulsified Asphalt Type-Grade Slow- Test Rapid-Setting Medium-Setting Property Setting Procedure CRS-1P CRS-2P CHFRS-2P CRS-2TR CMS-1P3 CMS-2P3 CSS-1P Min Max Min Max Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol T 72 77°F, sec. – – – – – – -- -- 10 100 – – 20 100 122°F, sec. 50 150 150 400 100 400 150 500 – – 50 400 – – Sieve test, % T 59 – 0.1 – 0.1 – 0.1 -- 0.1 – 0.1 – 0.1 – 0.1 Demulsibility, 35 ml of 0.8% T 59 60 – 70 – 60 – 40 -- – – – – – – sodium dioctyl sulfosuccinate, % Storage stability, 1 day, % T 59 – 1 – 1 – 1 -- 1 – 1 – 1 – 1 Breaking index, g Tex-542-C – 80 – – – – -- -- – – – – – – Particle charge T 59 Positive Positive Positive Positive Positive Positive Positive Distillation test1: T 59 Residue by distillation, % by 65 – 65 – 65 – 65 -- 30 – 60 – 62 –

weight Oil distillate, % by volume of – 3 – 0.5 – 0.5 -- 3 – 0.5 – 0.5 – 0.5

emulsion Tests on residue from distillation: Polymer content, wt. % (solids – – 3.0 – 3.0 – 5.07 -- – – – – 3.0 – Tex-533-C basis) Penetration, 77°F, 100 g, 225 300 90 150 80 130 90 150 30 – 30 – 55 90 T 49 5 sec. Viscosity, 140°F, poise T 202 – – 1,300 – 1,300 – 1,000 -- – - – - – – Solubility in trichloroethylene, 97.0 – 97.0 – 95.0 – 98 -- – – – – 97.0 – T 44 % Softening point, °F T 53 – – – – 130 – -- -- – – – – 135 – Ductility, 77°F, 5 cm/min., cm T 51 – – – – – – 40 -- – – – – 70 – Float test, 140°F, sec. T 50 – – – – 1,800 – -- -- – – – – Ductility,2 39.2°F, 5 cm/min., – – 50 – – – -- -- – – – – – – T 51 cm Elastic recovery,2 50°F, % Tex-539-C 45 – 55 – 55 – -- -- - – - – – – Tests on residue from evaporative R 78, recovery: Procedure B Nonrecoverable creep compliance of residue, 3.2 T 350 - 2.0 - 4.0 kPa, 52°C, kPa-1 Tests on rejuvenating agent: Viscosity, 140°F, cSt T 201 – – – – – – -- -- 50 175 50 175 – – Flash point, C.O.C., °F T 48 – – – – – – -- -- 380 – 380 – – – Saturates, % by weight D 2007 – – – – – – -- -- – 30 – 30 – – Solubility in n-pentane, % by – – – – – – -- -- 99 – 99 – – – D 2007 weight Tests on rejuvenating agent after T 240 or TFO or RTFO: T 179 Weight Change, % – – – – – – -- -- – 6.5 – 6.5 – – Viscosity Ratio – – – – – – -- -- – 3.0 – 3.0 – – Tests on latex4: Tensile strength, die C – – – – – – -- -- 800 – 800 – – – D 4125 dumbbell, psi Change in mass after immersion in rejuvenating D 471 – – – – – – -- -- – 406 – 406 – – agent, %

2 - 4 02-19 Statewide 180 300-015

1. Exception to T 59: Bring the temperature on the lower thermometer slowly to 350°F (±0°F). Maintain at this temperature for 20 min. Complete total distillation in 60 min. (±5 min.) from the first application of heat. 2. CRS-2P must meet one of either the ductility or elastic recovery requirements. 3. With all precertification samples of CMS-1P or CMS-2P, submit certified test reports showing that the rejuvenating agent and latex meet the stated requirements. Submit samples of these raw materials if requested by the Engineer. 4. Preparation of latex specimens: Use any substrate and recovery method which produces specimens of uniform dimensions and which delivers enough material to achieve desired residual thickness. 5. Cut samples for tensile strength determination using a crosshead speed of 20 in./min. 6. Specimen must remain intact after exposure and removal of excess rejuvenating agent. 7. Modifier type is tire rubber.

Section 300.2.4., “Emulsified Asphalt”, is supplemented by the following:

Emulsified Asphalt. Provide emulsified asphalt that is homogeneous, does not separate after thorough mixing, and meets the requirements for the specified type and grade in Tables 7, 8, 9, and 10.

Table 10B Non-Tracking Tack Coat Emulsion Quick Setting Property Test Procedure QS-1HH Min Max Viscosity, Saybolt Furol, 77º F,sec T 72 15 -- Storage stability, 1 Day, % T 59 -- 1 Settlement, 5-day, % T 59 2 5 Sieve test, % T 59 -- 0.30 Distillation test:1 T 59 Residue by distillation, % by wt. 50 -- Oil distillate, by volume of emulsion -- 1.0 Test on residue from distillation: Penetration, 77ºF, 100 g, 5 sec. T 49 -- 20 Solubility in trichloroethylene, % T 44 97.5 -- Softening point, ºF T 53 150 Dynamic shear, G*/sin(δ), 82°C, 10 rad/s, kPa T 315 1.0 -- 1. Exception to AASHTO T-59: Bring the temperature on the lower thermometer slowly to 350ºF ± 10ºF. Maintain at this temperature for 20 min. Complete total distillation in 60 ± 5 min. from first application of heat.

3 - 4 02-19 Statewide 181 300-015

Section 300.2.5., “Specialty Emulsions.” The first sentence is voided and replaced with the following:

Specialty emulsions may be either asphalt-based or resin-based and must meet the requirements of Table 11 or Table 11A.

Section 300.2.5., “Specialty Emulsions,” is supplemented by the following:

Table 11A Hard Residue Surface Sealant Property Test Procedure Min Max Viscosity, Krebs unit, 77ºF, Krebs units D 562 45 75 Softening point, ºF T 531 250 -- Uniformity D 2939 Pass2 Resistance to heat D 2939 Pass3 Resistance to water D 2939 Pass4 Wet flow, mm D 2939 -- 0 Resistance to Kerosene (optional)5 D 2939 Pass6 Ultraviolet exposure, UVA-340, 0.77 W/m2, 50°C chamber, 8 hours UV lamp, 5 G 154 Pass8 min spray, 3 hours 55 minutes condensation, 1000 hr total exposure7 Abrasion loss, 1.6 mm thickness, liquid only, % ISSA TB-100 -- 1.0 Residue by evaporation, % by weight D 2939 33 -- Tests on residue from evaporation: Penetration, 77ºF, 100 g, 5 sec. T 49 15 30 Flash point, Cleveland open cup, °F T 48 500 Tests on base asphalt before emulsification Solubility in trichloroethylene, % T 44 98 -- 1. Cure the emulsion in the softening point ring in a 200°F ± 5°F oven for 2 hr. 2. Product shall be homogenous and show no separation or coagulation that cannot be overcome by moderate stirring. 3. No sagging or slippage of film beyond the initial reference line. 4. No blistering or re-emulsification. 5. Recommended for airport applications or where fuel resistance is desired. 6. No absorption of Kerosene into the clay tile past the sealer film. Note sealer surface condition and loss of adhesion. 7. Other exposure cycles with similar levels of irradiation and conditions may be used with Department approval. 8. No cracking, chipping, surface distortion, or loss of adhesion. No color fading or lightening.

4 - 4 02-19 Statewide 182 341-001

Special Provision to Item 341 Dense-Graded Hot-Mix Asphalt

For this project, Item 341, “Dense-Graded Hot-Mix Asphalt,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Section 341.2.5., “Tack Coat.” The first paragraph is voided and replaced by the following.

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.

Section 341.4.5.2., Mixing and Discharge of Materials.” The first paragraph is voided and replaced by the following.

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 350°F (or 275°F for WMA). The Department will not pay for or allow placement of any mixture produced above 350°F.

Section 341.4.7.3.1.3., “Thermal Camera,” is voided and replaced by the following.

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 341.4.9.3.3.2., “Segregation (Density Profile).” Provide the Engineer with the thermal profile of every sublot within one working day of the completion of each lot. Report the results of each thermal profile in accordance with Section 341.4.2., “Reporting and Responsibilities.” When requested by the Engineer, provide the electronic files generated using the thermal camera. 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 341.4.9.3.3.2. 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.

Section 341.4.9.2.2.2., “Informational Cantabro and Overlay Testing,” is voided and replaced by the following.

When requested or shown on the plans, select one random sublot from Lot 2 or higher for Cantabro and Overlay testing during the first week of production. Obtain and provide the Engineer with approximately 70 lb. (30 kg) of mixture in sealed containers, boxes, or bags labeled with the Control Section-Job (CSJ), mixture type, lot, and sublot number in accordance with Tex-222-F. The Engineer will ship the mixture to the Construction Division for Cantabro and Overlay testing. Results from these tests will not be used for specification compliance.

Section 341.4.9.3.3.2., “Segregation (Density Profile).” The second paragraph is voided and replaced by the following.

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 for more than 60 sec.; . either the Contractor or the Engineer identifies areas as having thermal segregation; or . any visibly segregated areas exist.

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Section 341.4.9.4., “Exempt Production.” The second paragraph is voided and replaced by the following.

For exempt production, the Contractor is relieved of all production and placement sampling and testing requirements, except for coring, and the production and placement pay factors are 1.000. All other specification requirements apply, and the Engineer will perform acceptance tests for production and placement listed in Table 14 when 100 tons or more per day are produced.

Section 341.6.2.2., “Placement Sublots Subject to Removal and Replacement.” The second paragraph is voided and replaced by the following.

The bulk specific gravity of each core will be divided by the Engineer’s average maximum theoretical specific gravity for that lot 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 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.

2 - 2 11-17 Statewide 184 416.02

Special Provision to Item 416 Drilled Shaft Foundations

Item 416, “Drilled Shaft Foundations,” 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 416.5.1., “Drilled Shaft,” is voided and replaced by the following:

416.5.1. Drilled Shaft. 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 “Drilled Shaft,” “Drilled Shaft (Non-reinforced),” “Drilled Shaft (Sign Mounts),” “Drilled Shaft (High Mast Pole),” “Drilled Shaft (Roadway Illumination Pole),” “Drilled Shaft (Traffic Signal Pole),” “Drilled Shaft (CCTV),” “Drilled Shaft (DMS),” “Drilled Shaft (Gantry),” or “Drilled Shaft (Screen Wall)” of the specified diameter, subject to the limitations for overruns authorized by the Engineer given in Section 416.5.1.1, “Overrun.”

Section 416.5.1.2., “Maximum Plan Length Shaft,” is supplemented by the following:

 For closed circuit television poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any closed circuit television pole included in the contract.  For dynamic message sign poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any dynamic message sign pole included in the contract.  For main lane or ramp gantries, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any main lane or ramp gantry included in the contract.  For screen walls, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any screen wall included in the contract.

Section 416.5.2., “Core Hole,” is voided and replaced by the following:

416.5.2. Core Hole. Core Holes will be subsidiary to the unit price bid for the various classifications of drilled shafts specified under Item 416.

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Added page for double sided printing 186 421-002

Special Provision to Item 421 Hydraulic Cement Concrete

Item 421, “Hydraulic Cement Concrete” 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 421.4.2, “Mix Design Proportioning,” Table 8 is voided and replaced by the following.

Table 8 Concrete Classes Design Max Coarse Mix Class of Cement Exceptions to Strength,1 w/cm Aggregate Design General Usage5 Concrete Types Mix Design Options 2,3,4 Min f′c (psi) Ratio Grades Options

When the cementitious material Curb, gutter, curb & gutter, conc. content does not exceed retards, sidewalks, driveways, A 3,000 0.60 1–4, 8 520 lb./cu. yd., Class C fly ash back-up walls, anchors, non- I, II, I/II, IL, may be used instead of Class F 1, 2, 4, & 7 reinforced drilled shafts IP, IS, IT, V fly ash. Riprap, traffic signal controller B 2,000 0.60 2–7 foundations, small roadside signs, and anchors Drilled shafts, bridge substructure, bridge railing, I, II, I/II, IP, culverts except top slab of direct C6 3,600 0.45 1–6 1–8 IS, IT7, V traffic culverts, headwalls, wing walls, inlets, manholes, concrete traffic barrier When the cementitious material Seal concrete I, II, I/II, content does not exceed 520 E 3,000 0.50 2–5 IL, IP, IS, lb./cu. yd., Class C fly ash may IT7, V be used instead of Class F fly 1–8 ash. Railroad structures; occasionally I, II, I/II, IP, F6 Note8 0.45 2–5 for bridge piers, columns, or IS, IT7, V bents Do not use Type III cement in Precast concrete, post-tension mass placement concrete. members I, II, I/II, III, Up to 20% of blended cement H6 Note8 0.45 3–6 1–5 IP, IS, IT7, V may be replaced with listed SCMs when Option 4 is used for precast concrete. I, II, I/II, IP, Bridge slabs, top slabs of direct S6 4,000 0.45 2–5 1–8 IS, IT7, V traffic culverts, approach slabs When the cementitious material See Concrete pavement content does not exceed 520 Item 360, I, II, I/II, IL, P 0.50 2–3 1–8 lb./cu. yd., Class C fly ash may “Concrete IP, IS, IT, V be used instead of Class F fly Pavement.” ash. CO6 4,600 0.40 6 Bridge deck concrete overlay 1–8 LMC6 4,000 0.40 6–8 Latex-modified concrete overlay I, II, I/II, IP, Use a minimum cementitious Slurry displacement shafts, IS, IT7, V material content of 658 lb./cu. underwater drilled shafts yd. of concrete. SS6 3,600 0.45 4–6 1-8 Limit the alkali loading to 4.0 lbs./cu. yd. or less when using option 7.

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Design Max Coarse Mix Class of Cement Exceptions to Strength,1 w/cm Aggregate Design General Usage5 Concrete Types Mix Design Options 2,3,4 Min f′c (psi) Ratio Grades Options

I, II, I/II, III Note8 K6 Note8 0.40 Note8 1-8 IP, IS, IT7, V Mix design options do not apply. Concrete pavement, concrete I, IL, II, I/II, 700 lb. of cementitious material HES Note8 0.45 Note8 pavement repair III per cubic yard limit does not apply. Maximum fly ash replacement for Options 1 and 3 may be increased to 45%. “X” 11 11 I, II, I/II, III Up to 20% of a blended cement (HPC) Note 0.45 Note 7 1–5, & 8 6,9,10 IP, IS, IT , V may be replaced with listed SCMs for Option 4. Do not use Option 8 for precast concrete. Do not use Class C Fly Ash. Type III-MS may be used where allowed. Type I and Type III cements may be used with Options 1–3, with a “X” 11 11 I/II, II, IP, IS, maximum w/cm of 0.40. (SRC) Note 0.45 Note 7 1–4 , & 7 6,9,10 IT , V Up to 20% of blended cement may be replaced with listed SCMs when Option 4 is used for precast concrete. Do not use Option 7 for precast concrete12. 1. Design strength must be attained within 56 days. 2. Do not use Grade 1 coarse aggregate except in massive foundations with 4 in. minimum clear spacing between reinforcing steel bars, unless otherwise permitted. Do not use Grade 1 aggregate in drilled shafts. 3. Use Grade 8 aggregate in extruded curbs unless otherwise approved. 4. Other grades of coarse aggregate maybe used in non-structural concrete classes when allowed by the Engineer. 5. For information only. 6. Structural concrete classes. 7. Do not use Type IT cements containing > 5% limestone. 8. As shown on the plans or specified. 9. “X” denotes class of concrete shown on the plans or specified. 10. (HPC): High Performance Concrete, (SRC): Sulfate Resistant Concrete. 11. Same as class of concrete shown on the plans. 12. Option 7 will be allowed for precast concrete products included in Items 462, 464, and 465.

Article 421.4.2.2, “Aggregates,” is supplemented by the following.

Use the following equation to determine if the aggregate combination meets the sand equivalency requirement when blending fine aggregate or using an intermediate aggregate:

SE P  SE P  SE  P  11 22 iaia 80% 100 where: SE1 = sand equivalency (%) of fine aggregate 1 SE2 = sand equivalency (%) of fine aggregate 2 SEia = sand equivalency (%) of intermediate aggregate passing the 3/8 in. sieve P1 = percent by weight of fine aggregate 1 of the fine aggregate blend P2 = percent by weight of fine aggregate 2 of the fine aggregate blend Pia = percent by weight of intermediate aggregate passing the 3/8 in. sieve

Article 421.4.2.5, “Slump,” the second paragraph is voided and not replaced.

2 - 3 04-16 Statewide 188 421-002

Article 421.4.2.7, “Optimized Aggregate Gradation (OAG) Concrete,” the first sentence of the first paragraph is voided and replaced by the following.

The gradations requirements in Table 4 and Table 6 do not apply when OAG concrete is specified or used by the Contractor unless otherwise shown on the plans.

Article 421.4.6.2, “Delivering Concrete,” the fifth paragraph is voided and replaced with the following:

Begin the discharge of concrete delivered in truck mixers within the times listed in Table 14. Concrete delivered after these times, and concrete that has not begun to discharge within these times will be rejected.

Article 421.4.8.3, “Testing of Fresh Concrete,” is voided and replaced with the following:

Testing Concrete. The Engineer, unless specified in other Items or shown on the plans, will test the fresh and hardened concrete in accordance with the following methods:

 Slump. Tex-415-A  Air Content. Tex 414-A or Tex-416-A  Temperature. Tex-422-A  Making and Curing Strength Specimens. Tex-447-A  Compressive Strength. Tex-418-A  Flexural Strength. Tex-448-A  Maturity. Tex-426-A

Flexural strength and maturity specimens will not be made unless specified in other items or shown on the plans. Concrete not meeting fresh concrete testing requirements will be rejected. Fresh concrete exhibiting segregation and excessive bleeding will be rejected.

Article 421.4.8.3.1. “Job-Control Testing,” is voided and not replaced.

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Added page for double sided printing 190 427.01

Special Provision to Item 427 Surface Finishes for Concrete

Item 427, “Surface Finishes for Concrete,” 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 427.5. “Measurement”. The second paragraph is deleted and not replaced.

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Added page for double sided printing 192 506.00

Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls

Item 506, “Temporary Erosion, Sedimentation, and Environmental Controls,” 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 506.1., “Description.” The second paragraph is voided and replaced by the following.

Contractor is considered the primary operator to have day-to-day operational control as defined in TPDES GP TXR150000.

1.1. For projects with soil disturbance of less than 1 acre, no submittal to TCEQ will be required but Contractor will follow SWP3. For projects with soil disturbance of 1 acre to less than 5 acres a small site notice will be posted at the site. For projects with soil disturbance of 5 acres or more a notice of intent (NOI) is required and a large site notice posted at site. Postings will be in accordance with TPDES GP TXR150000. Postings not associated with project specific locations will be in same location as Department’s postings.

1.2. Notice of Intent (NOI). Submit a NOI, if applicable, with the TCEQ under the TPDES GP TXR150000 at least 7 days prior to commencement of construction activities at the project site. Provide a signed copy to the Engineer and any other MS4 operators at the time of submittal. The Department will submit their NOI prior to contractor submission and will provide a copy for Contractor’s use in completing the Contractor’s NOI form.

1.3. Notice of Change (NOC). Upon concurrence of the Engineer, submit a NOC, if applicable, to the TCEQ within 14 days of discovery of a change or revision to the NOI as required by the TPDES GP TXR150000. Provide a signed copy of the NOC to the Engineer and any other MS4 operators at the time of submittal.

1.4. Notice of Termination (NOT). Upon concurrence of the Engineer, submit a NOT, if applicable, to the TCEQ within 30 days of the Engineer’s approval that 70% native background vegetative cover is met or equivalent permanent stabilization have been employed in accordance with the TPDES GP TXR 150000. Provide a signed copy of the NOT to the Engineer and any other MS4 operators at the time of submittal.

Section 506.3.3., “Training,” is supplemented by the following: The CRPE, alternate CRPE designated for emergencies, Contractor’s superintendent, Contractor, and subcontractor lead personnel involved in soil disturbing or SWP3 activities must enroll in and complete the training listed below and provide the certificate of completion to the Engineer before performing soil disturbing or SWP3 activities on the project. Coordinate enrollment as prescribed by the Department and pay associated fees for the following training:  “Revegetation During Construction”  “Construction General Permit Compliance,” and

1 - 2 01-17 System Wide 193 506.00

 “Construction Stage Gate Checklist (CSGC).”

Training and associated fees will not be measured or paid for directly but are subsidiary to this Item.

2 - 2 01-17 System Wide 194 636.00

Special Provision to Item 636 Signs

Item 636, “Signs,” 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 636.2., “Material,” is voided and replaced by the following:

2.2 Sign Face Retroreflectorization. From U.S.DOT 2014 Traffic Sign Retroreflective Sheeting Identification Guide following type is selected for entire NTTA signs. Use ASTM Type 9, 10 & 11 for all signs and use type 11 white for legend and border on guide signs. Also use fluorescent yellow Diamond Grade Quality to meet or equal to 3M for ASTM Type 9, 10 and 11 requirements.

Article 636.3., “Construction,” is supplemented by the following:

Shop Drawings. Electronically submit shop drawings for large and non-standard small sign panels for approval of sign and sheeting materials, and sign messages.

Submit only 1 drawing for 2 or more signs of identical design and dimensions. Submit shop drawings to the Authority, unless otherwise shown on the plans.

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Added page for double sided printing 196 636-001

Special Provision to Item 636 Signs

Item 636, “Signs” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Section 636.3.1, “Fabrication.” is deleted.

Section 636.3.1.2, “Sheeting Application.” The last sentence of the fourth paragraph is voided and replaced by the following.

Do not splice sheeting or overlay films for signs fabricated with ink or with colored transparent films.

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Added page for double sided printing 198 643-001

Special Provision to Item 643 Sign Identification Decals

Item 643, “Sign Identification Decals,” 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 2. “Materials.” The sign identification decal design shown in Figure 1 and the description for each row in Table 1 are supplemented by the following.

Texas Department of Transportation C Fabrication Date T 1 J F M A M J J A S O N D 2

201 202 203 204 205 3

0 1 2 3 4 5 6 7 8 9 4 Sheeting MFR - Substrate A B C D E F G H J K L M 5 Film MFR A B C D E F G H J K L M 6 Sheeting MFR - Legend A B C D E F G H J K L M 7 Installation Date

0 1 2 3 8

0 1 2 3 4 5 6 7 8 9 9 J F M A M J J A S O N D 10

201 202 203 204 205 11

0 1 2 3 4 5 6 7 8 9 12

Name of Sign Fabricator Physical Address City, State, Zip Code 13 Figure 1 Decal Design (Row numbers explained in Table 1)

1 - 2 05-17 Statewide 199 643-001

Table 1 Decal Description Row Explanation 1 – Sign fabricator 2 – Month fabricated 3 – First 3 digits of year fabricated 4 – Last digit of year fabricated 5 – Manufacturer of the sheeting applied to the substrate 6 – Film (colored transparent or non-reflective black) manufacturer 7 – Manufacturer of the sheeting for the legend 8 – Tens digit of date installed 9 - Ones digit of date installed 10 – Month installed 11 – First 3 digits of year installed 12 – Last digit of year installed 13 – Name of sign fabricator and physical location of sign shop

2 - 2 05-17 Statewide 200 647.00

Special Provision to Item 647 Large Sign Supports and Assemblies

Item 647, “Large Sign Supports and Assemblies,” 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 647.3., “Construction,” is supplemented by the following:

Shop Drawings. Electronically submit shop drawings for large sign supports and assemblies in accordance with Item 441, “Steel Structures.” Include details for post selection, highway sign sizes and positions, and other required attachments on shop drawings.

Submit only 1 drawing for 2 or more supports of identical design and dimensions. Submit shop drawings to the Authority, unless otherwise shown on the plans.

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Added page for double sided printing 202 658.02

Special Provision to Item 658 Delineator and Object Marker Assemblies

Item 658, “Delineator and Object Marker Assemblies,” 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 658.3.2, “Removal,” is supplemented with the following:

Remove Linear Delineation System (LDS) panels and repair concrete barrier or metal-beam guard fence. For concrete barriers, fill voids caused by LDS anchors with an approved grout that color matches the barriers. For MBGF, remove LDS adhesives and clean surfaces. Repair galvanized surface.

Article 658.4., “Measurement.” The second paragraph is deleted and not replaced.

Article 658.5, “Payment,” is supplemented with the following:

The work performed and materials furnished in accordance with this Item and NTTA Standard Drawing, LDS-201, “Linear Delineation System (LDS) Panel”, and measured as provided under “Measurement” will be paid for at the unit price bid for “Linear Delineation System” of the mounting type, and colors specified and for “Remove Linear Delineation System” of the mounting type specified.

Article 658.5.1, “Installation,” is supplemented with the following:

The price bid for “Linear Delineation System” is full compensation for removing existing LDS panels, furnishing, fabricating and mounting the LDS panel including adhesive, brackets, bolts, nuts and washers; and equipment, labor, tools, and incidentals.

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Added page for double sided printing 204 662.01

Special Provision to Item 662 Work Zone Pavement Markings

Item 662, “Work Zone Pavement Markings,” 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 662.4., “Measurement.” The second paragraph is voided and not replaced.

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Added page for double sided printing 206 666-007

Special Provision to Item 666 Retroreflectorized Pavement Markings

Item 666, “Retroreflectorized Pavement Markings,” 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 2.3., “Glass Traffic Beads.” The first paragraph is voided and replaced by the following:

Furnish drop-on glass beads in accordance with DMS-8290, “Glass Traffic Beads,” or as approved. Furnish a double-drop of Type II and Type III drop-on glass beads for longitudinal pavement markings where each type bead is applied separately in equal portions (by weight), unless otherwise approved. Apply the Type III beads before applying the Type II beads. Furnish Type II beads for work zone pavement markings and transverse markings or symbols.

Section 4.3.1., “Type I Markings.,” is supplemented by the following:

4.3.1.3. Spot Striping. Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans.

Section 4.3.2., “Type II Markings.,” is supplemented by the following:

4.3.2.1. Spot Striping. Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans.

Section 4.4., “Retroreflectivity Requirements.,” is voided and replaced by the following.

Type I markings for Contracts totaling more than 20,000 ft. of pavement markings must meet the following minimum retroreflectivity values for all longitudinal edgeline, centerline or no passing barrier-line, and lane line markings when measured any time after 3 days, but not later than 10 days after application.  White markings: 250 millicandelas per square meter per lux (mcd/m2/lx)  Yellow markings: 175 mcd/m2/lx

Retroreflectivity requirements for Type I markings are not required for Contracts with less than 20,000 ft. of pavement markings or Contracts with callout work, unless otherwise shown on the plans.

Section 4.5., “Retroreflectivity Measurements.,” is voided and replaced by the following:

Use a mobile retroreflectometer to measure retroreflectivity for Contracts totaling more than 50,000 ft. of pavement markings, unless otherwise shown on the plans. For Contracts with less than 50,000 ft. of pavement markings, mobile or portable retroreflectometers may be used at the Contractor’s discretion. Coordinate with and obtain authorization from the Engineer before starting any retroreflectivity data collection.

Section 4.5.1., “Mobile Retroreflectometer Measurements.” The last paragraph is voided and replaced by the following.

Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements. Take measurements every 0.1 miles a minimum of 10 days after this third application within that mile segment for that series of markings. If the markings do not meet minimum retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.

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Section 4.5.2., “Portable Retroreflectometer Measurements.” The first and second paragraphs are voided and replaced by the following.

Provide portable measurement averages for every 1.0 mile unless otherwise specified or approved. Take a minimum of 20 measurements for each 1-mi. section of roadway for each series of markings (e.g., edgeline, center skip line, each line of a double line) and direction of traffic flow when using a portable reflectometer. Measure each line in both directions for centerlines on two-way roadways (i.e., measure both double solid lines in both directions and measure all center skip lines in both directions). The spacing between each measurement must be at least 100 ft. The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results. The Engineer may require the original number of measurements if concerns arise.

Restripe at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the averages of these measurements fail. Take a minimum of 10 more measurements after 10 days of this second application within that mile segment for that series of markings. Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements. If the markings do not meet minimum retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.

Section 4.6. “Performance Period.” The first sentence is voided and replaced by the following:

All longitudinal markings must meet the minimum retroreflectivity requirements within the time frame specified. All markings must meet all other performance requirements of this specification for at least 30 calendar days after installation.

Article 6. “Payment.” The first two paragraphs are voided and replaced by the following.

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Pavement Sealer” of the size specified; “Retroreflectorized Pavement Markings” of the type and color specified and the shape, width, size, and thickness (Type I markings only) specified, as applicable; “Retroreflectorized Pavement Markings with Retroreflective Requirements” of the types, colors, sizes, widths, and thicknesses specified; “Retroreflectorized Profile Pavement Markings” of the various types, colors, shapes, sizes, and widths specified; or “Reflectorized Pavement Marking (Call Out)” of the shape, width, size, and thickness (Type I markings only) specified, as applicable; or “Pavement Sealer (Call Out)” of the size specified.

This price is full compensation for materials, application of pavement markings, equipment, labor, tools, and incidentals.

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Special Provision to Item 666 Retroreflectorized Pavement Markings

Item 666, “Retroreflectorized Pavement Markings,” 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 666.5., “Measurement.” The second paragraph is voided and not replaced.

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Special Provision to Item 668 Prefabricated Pavement Markings

Item 668, “Prefabricated Pavement Markings,” 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 668.4., “Measurement.” The second paragraph is voided and not replaced.

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Special Provision to Item 672 Raised Pavement Markings

Item 668, “Prefabricated Pavement Markings,” 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 672.4., “Measurement.” The second paragraph is voided and not replaced.

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Special Provision to Item 677 Eliminating Existing Pavement Markings and Markers

Item 667, “Eliminating Existing Pavement Markings and Markers,” 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 677.5., “Measurement.” The second paragraph is voided and not replaced

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Special Provision to Item 678 Pavement Surface Preparation for Markings

Item 678, “Pavement Surface Preparation Markings,” 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 678.5., “Measurement.” The second paragraph is voided and not replaced.

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Special Specification 832 Coating Surface Finishes for New Concrete

1. DESCRIPTION. Furnish coating surface finish for new concrete as specified. This work consists of removing fins, lumps, protrusions, surface treatments, surface preparation all surfaces, filling discontinuities, and applying a solvent or water based stain.

2. MATERIALS

2.1. Coating Materials. The products in Table 1 are designated solely as a “standard of quality.” If the substitution of equivalent products is proposed, the Contractor shall provide written documentation certified that the material meets the requirements of TxDOT Departmental Materials Specification (DMS), DMS-8110, “Coatings for Concrete.” The acceptance of any substitute material as equivalent or better quality shall be at the sole discretion of the Engineer. Table1 COATING MATERIALS MANUFACTURER TOTAL REQUIRED COVERAGE) Sherwin-Williams 150-200 sq. ft./gal. Concrete Sealer Series B-97 United Coatings Canyon 100-125 sq. ft/gal Tone Stain Other approved coatings Manufacturer’s rates to achieve a two coat application, as approved by the Engineer

2.1.2. Coatings. When properly thinned, shall comply with Federal, State, and City Volatile Compound of Carbon (VOC) regulations.

The same manufacturer shall be used for all coats of stain, unless otherwise approved by the Engineer in writing. The coating manufacturer shall supply the thinner. The finish color shall be as noted in the plans. Color samples of the finish coat, applied to concrete panels or the unprimed side of cementitious fiberboard, shall be provided to the Engineer for approval before use. The samples shall be approximately 6 inches by 6 inches in size and only as thick as necessary to provide ample strength for handling.

All coating materials shall be provided in original, well-sealed, and strong containers that are sufficiently sturdy to withstand normal shipping and handling. Containers shall be properly marked and labeled to allow verification with applicable material safety data sheets, application precautions, and instructions.

3. APPLICATION

3.1. Atmospheric Conditions. Coating application shall be conducted under the following atmospheric conditions. If the manufacturer’s requirements are more restrictive than the limits below, the Contractor shall comply with the more restrictive limits. . Surface – dry with no visible moisture . Air and Surface Temperature – 50ºF to 100ºF . Dew Point – Surface temperature at least 5ºF greater than the dew point . Relative Humidity – up to 85% . No rain expected within 4 hours of application

3.2. Protective Coverings and Containment.

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The Contractor shall contain surface preparation and staining operations to avoid contamination of vehicles, roadways, buildings, parks, and surrounding property.

The Contractor shall provide masking, protective shields, or coverings to protect surfaces not designated for surface preparation and staining.

The Contractor shall remove all surface preparation debris or stain drips, spills, and overspray that escape the contained area and make full restitution of any resulting damage at no cost to the Authority.

3.3. Surface Preparation.

Grease, oil, dust, dirt, efflorescence, laitance, fins, lumps, protrusions, form release, membrane curing compounds, surface contamination, dust, debris, and other interference material shall be completely removed.

Surface preparation shall be conducted in general accordance with The Society for Protective Coatings (SSPC) SSPC-SP13, Surface Preparation of Concrete, Section 4. Mechanical surface preparation shall employ high-pressure water cleaning at 3,000 psi minimum with a 25 degree fan tip. Cleaning shall conform to WJ4 of SSPC-SP12, Surface Preparation and Cleaning of Steel and Other Hard Materials by High and Ultrahigh-Pressure Water Jetting Prior to Recoating. If the specified degree of cleaning is not achieved, the fan tip shall be replaced with a zero degree rotary tip.

Pressure washing shall be supplemented with detergent cleaning, scrubbing with stiff bristled brushes, hand or power tools and solvent cleaning in accordance with SSPC-SP1, Solvent Cleaning, as necessary to remove the interference material. If detergents are used, the surface shall be thoroughly flushed to remove all detergent residues.

If the cleaning exposes rebar, or removes portions of the concrete, the Engineer shall be notified immediately.

After cleaning is complete, the concrete shall be rinsed and tested for pH per ASTM 4262, Standard Test Method for pH of Chemically Cleaned or Etched Concrete Surfaces. The Engineer shall be notified if the pH is outside the range of 6-10 pH units.

Surfaces shall be blown down with compressed air to remove visible water and surface debris, and allowed to thoroughly dry prior to staining.

Cracks and defects in the concrete shall be repaired in accordance with TxDOT Item 420, “Concrete Structures”, to obtain an ordinary surface finish as defined in Section 420.4.M, “Ordinary Surface Finish”, prior to the application of the stain.

3.4. Coating Application. The coatings shall be stored, mixed, thinned, and applied in strict accordance with the manufacturer’s written instructions and the requirements below. If there is a conflict between the manufacturer’s instructions and the requirements of this section, notify the Engineer and comply with the Engineer’s written resolution.

Concrete shall have cured a minimum of 28 days, or longer if required by the coating manufacturer, prior to application of coatings unless explicitly waived, in writing, by the Engineer.

Clean, dry compressed air shall be used for all application involving conventional spray or for blowing down surfaces. Compressed air cleanliness shall be verified each day in accordance with ASTM D4285, Standard Test Method for Indicating Oil or Water in Compressed Air.

The surface shall be visibly dry at the time of staining and shall pass the ASTM D4263 plastic sheet test for moisture. If the Engineer approves the use of a moisture meter in lieu of the plastic sheet test, the moisture content shall be less than the manufacturer’s designated value.

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The surface shall be free of surface dust and debris, and comply with the specified degree of preparation at the time of staining.

The stain shall be applied by spray methods using two coats to achieve a total coverage rate as noted in Table 1.

Special attention shall be paid during application to assure that all edges, crevices, bug holes, and other surface irregularities are thoroughly coated.

All material shall be well-adherent, applied to the specified coverage rate, and exhibit a smooth streamline appearance free of runs, sags, overspray, dry spray, shadow through, and other coating defects. The aesthetics of the final product are of critical importance. Additional material shall be applied as needed to assure that complete and uniform coverage is achieved.

Damaged or non-compliant coating (e.g., coating that exhibits blistering, disbonding, cracking, poor adhesion, incomplete coverage, overspray, discoloration, or loss of gloss or color) shall be repaired at no cost to the Authority. The existing coating in repair areas shall be feathered to provide a smooth transition into surrounding intact, well-adherent coating.

4. WASTE HANDLING AND PROJECT CLEANLINESS.

All waste shall be handled, stored, and disposed of in strict accordance with Federal, State, and City regulations.

The work site shall be maintained in a neat and orderly condition at the end of each day. Upon project completion, all equipment and materials shall be removed and the surrounding property restored to a condition acceptable to the Engineer.

5. INSPECTION

The Engineer may undertake Quality Assurance (QA) observations of any or all phases of the Work to verify that it is in accordance with the requirements of this Specification and other contract provisions. The presence, inspection observations, or activity of the Engineer in no way relieves the Contractor of the responsibility to comply with all requirements of this Specification and the contract, and to provide comprehensive Quality Control (QC) inspections of its own. The Contractor shall facilitate the Engineer inspections as required by the Engineer, including providing safe and reasonable access for the inspectors and allowing ample time to conduct the inspections.

The Contractor shall perform the Quality Control inspections listed below for the preparation and staining of all surfaces. Inspections that are designated as “Hold Points” are specific milestones in the work process where the Engineer will also inspect the work quality before the Contractor proceeds to the next step. The Contractor will provide advance notice to the Engineer when the work will be ready for the designated Hold Point inspections. The Engineer will either conduct the inspection or advise the Contractor to proceed beyond the Hold Point without a Quality Assurance inspection. Quality Control inspections shall be conducted throughout the course of the entire project to confirm compliance with the following specification requirements: . Containment and protective shielding . Compressed air cleanliness . Surface preparation cleanliness (Hold Point) . Stain storage, mixing, and thinning . Surface preparation quality prior to staining (Hold Point) . Concrete moisture tests (Hold Point) . Ambient conditions during application and curing . Coating coverage and continuity (Hold Point)

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. Touch up and repair

The Contractor shall record all Quality Control inspections in a daily report that is available for review by the Engineer upon request. The Contractor will submit copies of the reports to the Engineer weekly, or more frequently as directed.

The Contractor, at any time as per the Engineer’s request, shall submit field samples from the job site where a coating is being used. These field samples will be used to determine if there has been a significant change in the material since its manufacture and if it still meets specifications.

The Contractor shall warrant all work under this item to be free from defects in materials, workmanship, or due to any failure to comply with this specification for a period of one (1) year following the Engineer’s final acceptance of the work or in accordance to the warranty period stated elsewhere in the contract. Inspections of the work will be conducted approximately ten (10) months after the Engineer’s final acceptance of the work. The Contractor shall participate in this inspection with the Engineer, provide necessity equipment to perform the inspection and shall repair, at no cost to the Authority, all locations where the coating exhibits blistering, disbonding, cracking, non-uniform gloss or color, or other coating defects. The Contractor shall be responsible for remedying all damages to other work or facilities caused by such defects or the repair of the same.

6. MEASUREMENT

Coating surface finish will not be measured for payment unless it is shown in the proposal as a pay item. It will be measured by the square foot.

This is a plan quantity measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the “Estimate and Quantity” sheet of the plans, unless modified by Article 9.2, “Plans Quantity Measurement.” Additional measurement or calculations will be made if adjustments of quantities are required.

7. PAYMENT

Except when shown in the proposal as a pay item, the work performed, materials furnished and all labor, tools, equipment and incidentals necessary to complete the work under this Item will not be measured or paid for directly, but will be considered subsidiary to pertinent Items.

When a coating surface finish for concrete is specified as a pay item, 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 “Coating Concrete Surface Finish”. This price is full compensation for furnishing all materials, cleaning and preparing surfaces, application of material, and for all labor, tools, equipment, inspections, and incidentals necessary to complete the work.

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Special Specification 850 Gray Concrete Color and Finish

1. DESCRIPTION

Provide minimal color variation and uniformity in concrete surface finishes for the visible portion of pre-cast, cast-in-place, and slip-formed concrete structures. Apply enhanced production and quality processes to the structures covered under this Specification, including the following:  Traffic rails and concrete traffic barriers;  Bridge bents, abutments, wingwalls, and bridge deck outside edge;  Retaining walls and copings;  Noise and screen walls;  Toll gantry columns and ramp gantry IT screen walls;  Buildings;  Dynamic message sign columns;  Concrete columns or pedestals of overhead sign or lighting structures greater than 3 ft. above finished grade; and  Other elements as shown on the plans.

2. MATERIALS

Furnish new materials conforming to the items shown on the plans and the following:  Item 420, “Concrete Substructures”  Item 421, “Hydraulic Cement Concrete”  Item 422, “Concrete Superstructures”  Item 424, “Precast Concrete Structural Members (Fabrication)”  Item 427, “Surface Finishes for Concrete”

Provide materials from the same source for each concrete mix design. If material sources are changed, submit a new concrete mix design, and mock-up samples for approval.

2.1. Admixtures.  Chemical Admixtures. In addition to the admixture requirements of the Specifications, provide admixture products from the same manufacturer and of the same type that will not be detrimental to the integrity of the concrete or aesthetics in visible portions of the structure, including efflorescence staining and other surface discolorations.  Color Admixtures. Provide pure and concentrated mineral pigments for color admixture products that meet the requirements of ASTM C979, “Standard Specification for Pigments for Integrally Colored Concrete.”

3. EQUIPMENT

3.1. Forms. Provide forms and form liners conforming to the profiles, dimensions and tolerances of the finished product and produce the specified finish without damage, compromise or discoloration to the concrete. Use hardware and miscellaneous support materials that do not leave blemishes and

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other imperfections on the surface when the completed work is visually appraised. Where possible, insert form ties through specified rustication grooves to conceal their appearance.

3.1.1. Form Liners. Provide commercially available form liners manufactured from quality elastomeric urethane materials having durability, tear strength, flexibility and resiliency to maintain pattern details for a minimum of 100 uses for each pattern specified. The Contractor may propose a substitute pattern, provided that the aesthetics of the proposed pattern is the same as the specified form liner. Do not cast any concrete including mock-ups before form liners are approved. Final approval of a substitute pattern will be made following inspection of the mock-up sample casting.

4. CONSTRUCTION

4.1. Natural Gray. Unless a different color is specified, provide concrete that is natural gray in color. During production, use the approved target colors established from the approved samples for evaluating the color of the concrete. Keep concrete color within the allowable color range of the approved representative.

During production, concrete color shall comply with the established color range from the approved samples.

4.2. Finishes. Provide concrete finishes meeting the requirements of Section 427.4.3.4., “Off-the-Form Finish” for smooth surfaces and Section 427.4.3.5., “Form Liner Finish” for patterned or textured surfaces, unless otherwise specified. Clean all vertical concrete surfaces, including slip formed, with either a Brush-off Blast Cleaning or Light Blast Cleaning as described for samples in Section 4.4.3.1., “Blast Clean Samples”.

4.3. Submittals. Do not proceed with the work before the submittal for that work has been completely approved.

4.3.1. Concrete Mix Design. Submit a mix design for each type of concrete mix in accordance with the Specifications. Obtain preliminary approval before casting samples. Revise and resubmit the preliminary mix design if samples fail color or finish requirements. Obtain final approval of mix design before proceeding with the work.

4.3.2. Quality Control Work Plan (QCWP). Submit a QCWP for approval before casting the mock-up samples of cast-in-place, precast, and slip-formed concrete elements. Adequately detail process to ensure the concrete elements will achieve a uniform color and consistent surface finish, free from visible defects. Use the QCWP to meet the visual quality requirements set forth in this Specification. Also submit a QCWP from each subcontractor and fabricator performing work under this specification.

Minimum requirements for the QCWP include the following.  Personnel: Responsibilities and qualifications of lead workers and project staff directly responsible for concrete appearance management on the project site and in the fabrication plants.  Training: Communication plan to ensure workers have read or otherwise understand the requirements of this Specification.  Production Processes: Manufacturing processes, storage and handling procedures, transportation and delivery procedures both in the fabrication plant(s) and on the job site, installation procedures, and cleaning procedures.

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 Monitoring: Procedure for checking precast concrete units at the fabrication plants and cast- in-place at the project site to ensure conformance with concrete appearance requirements of this Specification and the plans, especially in regard to the Approved Target Color and finish.  Sample Replacement: Procedure for replacing the approved mock-up samples used for inspection during the fabrication of precast units if the color of such samples no longer meets requirements.  Installation: Procedure for confirming that the installation of the precast concrete units at the project site during and after the construction conforms to the requirements of this Specification and the plans.  Correction: Plan for correcting or replacing cast-in-place or precast concrete units that do not meet the visual quality requirements at the fabrication plant(s) or at the project site.

4.3.3. Miscellaneous Materials. Submit for approval manufacturer’s information and product data for form release agents, curing compounds, form sealants, and other materials that may affect concrete color or appearance.

4.4. Samples. Furnish mock-up samples for approval in accordance with Table 1:

Table 1 Type of mock-up sample Minimum Number of Sample Size and Shape Samples

Conventional cast-in-place 1 for each mix design Provide mock-up samples of an approved (CIP) concrete and 1 for blast cleaning* shape and size that is representative of final CIP concrete. Cast each mock-up sample by mixing a minimum 5 cu. yd. batch of the proposed mix in a square cube. Precast concrete wall units: 5 retaining wall panels Provide mock-up samples the same size and panels and copings and 5 coping sections shape as precast units specified on the plans. for each mix design and Prepare samples at the fabrication plant. 1 for blast cleaning* Samples may be used in the project if approved. Precast building wall panels 1 Provide 1 panel of the same size, shape, and and other precast elements finish as the proposed building and other structures. Accepted mock-ups may be incorporated into the structures. Slip-form concrete 1 Provide a mock-up sample that is 20 ft. long having the same size, shape, and finish as the proposed slip-form concrete element. *See Section 4.4.3.1, “Blast Clean Samples” for Blast Cleaning Sample Size and Shape.

4.4.1. When more than one mock-up sample is required, produce each mock-up sample on different days in order to demonstrate color uniformity and consistency in appearance between the obtained samples. Construct additional samples as necessary when a sample fails to demonstrate a uniform color and consistent surface finish within the established color range.

Submit records of the mixing and placing procedures including date, weather conditions, surface finish curing methods, and mix constituents for each mock-up sample approved for use in the construction of proposed structures as shown on the plans.

4.4.2. Mock-up patch repair sample. Use one of the mock-up samples to prepare two mock-up patch repair samples demonstrating the proposed patching techniques for the edge patches and interior patches. Make edge patch samples at least 2 in. width × 4 in. height × 2 in. depth and interior patch

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samples at least 6 in. width × 6 in. height × 1⁄2 in. depth. Patch in accordance with Items 420 and 427.

Mock-up patch repair samples will be evaluated at 1 day and 1 week for color changes compared to the base mock-up sample. The Engineer may require modifications to the patching materials and procedures if color differences between the base and patch over time are noticeable.

4.4.3. Samples Cleaning. After curing, clean the mock-up samples and mock-up patch repair sample to remove dirt, debris, and other contamination before establishment of approved (cast in place and precast concrete wall units) color ranges. Clean all mock-up samples in accordance with the cleaning methods described in Section 4.4.3.1., “Blast Clean Samples” to establish the approved cleaning method.

If color measurement equipment will not be utilized, then the visual appraisal will be performed during dry daylight conditions suitable for this activity at a minimum distance of 30-feet from the mock-up samples. The approved mock-up samples shall demonstrate a uniform color and consistent surface finish free from visual defects as described in this Specification.

Include in the QCWP procedures a description of the abrasive materials, equipment, and cleaning process.

4.4.3.1. Blast Clean Samples. Provide samples at the project site and each precast plant to demonstrate the level of blast cleaning demonstrating concrete color range and surface finish of the proposed concrete. Blast each section as follows:  Section 1 - No Cleaning. No blast cleaning is required.  Section 2 - Brush-Off Blast Cleaning. Clean the concrete surface to provide a dry abrasive blast finish that will: . break the sheen of the concrete surface, . leave a finish of about medium sandpaper, . not expose any tips of aggregate, . not provide objectional bug holes, . leave sufficient surface mortar for a second cleaning if necessary to remove areas of efflorescence.  Section 3 - Light Blast Cleaning. Clean the concrete surface to provide a dry abrasive blast finish that will: . expose tips of aggregates, . show over blasting slightly, . remove the mortar after a second blast, . expose the aggregate after a second blast, if required.  Section 4 - Medium Blast Cleaning. Clean the concrete surface to provide a dry abrasive blast finish that will: . expose the aggregate tips clearly, . expose large aggregates, . show over blasting clearly.

4.4.4. Visual Appraisal. The Engineer will conduct a visual appraisal during dry, daylight conditions. The visual appraisal will be performed at a minimum distance of 30 ft. from the concrete surface. Provide concrete free from the following visual defects:  Lack of uniformity of concrete color  Mottled surface appearance  Discolored area (stained) or blotches  Efflorescence stain

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 Warped or out-of-plane surfaces (horizontal alignment tolerance of 3/4 in. per 10 ft. of length and vertical alignment tolerance of 1/2 in. per 10 ft. of height)  Poor form fit up or quality (i.e., visible form seams)  Lift lines or cold joints  Excessive or large bug holes  Un-patched or honeycomb areas  Visible patches  Improper blast cleaning  Visible streaks  Sand seams  Other visual defects  The precast concrete units will be appraised again after the installation. The Engineer may require a second blast cleaning of the completed structure.

Final concrete mix designs, including approved target colors, will be based on the approved mock- up samples.

4.4.5. Color Measurement. The Engineer will use spectrophotometry to precisely measure color of concrete. Color will be measured in CIE L*a*b* (1976 CIELAB color space) where L* denotes lightness, a* the green/red value and b* the blue/yellow value.

The following color measurement criteria for color testing will be used:  Color Scale – CIE L*, a*, and b* values for target and tolerances  CIE Illuminant – D65 Daylight  CIE Standard Observer – 10°  Instrument Geometry – 45/0  Surface Preparation – All measured surfaces brushed cleaned before taking a reading.  Sampling Area – 1 in. diameter instrumentally fixed. Three readings will be taken and averaged to minimize measurement variation.  Sampling Rate – Minimum of one set (3 readings) per 100 sf of CIP surface and one set for each precast element or as directed by the Engineer. The use of the spectrophotometer may be limited to determining color compliance for concrete that exhibits noticeable color differences.  Tolerances – Per Table 2

4.4.5.1. Tolerances. Minimize variations in color. Provide concrete having all color-tested surfaces within the tolerances shown in Table 2. The symbol “∆” denotes the difference in readings for the respective color dimension from the approved target color value.

Table 2 – Allowable Color Range Color Dimension Deviation from Target Color Color Range ∆L* ±3.0 6 points total ∆a* ±1.5 3 points total ∆b* ±1.5 3 points total

Out of tolerance concrete will be rejected. Correct process and recast. See Section 4.6.1, “Correction of Defective Work” for requirements relating to out of tolerance color in the completed work.

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4.4.5.2. Approved Target Color. An approved target color for each representative sample set will be determined from the approved mock-up samples. Unless otherwise specified, use the same approved target color within each of the following groups of structural elements:  Bridge bents. All bent elements (columns, caps, pedestals, and maskwalls) for all bents in a bridge and group of bridges in near proximity. “Near proximity” is defined as elements less than 500 ft. apart.  Abutments. All abutment elements (caps, backwalls, wingwalls, and maskwalls) for all abutments in near proximity.  Walls. All panels (CIP and precast) in the same wall and walls in near proximity.  Retaining wall coping and pilasters. All coping (CIP and precast) in the same wall or walls in near proximity. (Coping may have a different target color from the wall panels.)  Noise walls. All elements of noise walls (CIP and precast) in the same wall and walls in near proximity.  Screen walls.  Traffic rails and barriers. All traffic rails and barriers (CIP and precast) within a continuous run.  Columns for toll gantries, overhead sign structures, and DMS structures. All of these elements (CIP and precast) in near proximity.  CCTV poles.  Buildings. All wall panels in a building.  Other elements shown on the plans.

4.4.6. Sample Storage. Secure mock-up samples, including the mock-up patch repair sample, in a vertical position for reference during construction and final inspection of the structures. The approved mock-up samples including mock-up patch repair sample will be used for inspecting and judging the aesthetic compliances of the concrete structures.

Perform the following until all concrete structures are accepted:  protect all mock-up samples from damage, loss, and destruction;  transport and set-up all mock-up samples at the job sites as necessary to verify compliance with aesthetic requirements and as directed; and  dispose of all mock-up samples at the completion of the project.

4.5. Casting and Fabricating Concrete. Fabricate concrete in accordance with the approved concrete mix designs and representative mock-up sample sets.

After the approval of mock-up samples, do not change material sources, admixtures, mix designs, or other processes without approval. Make samples of raw materials used in the production available for inspection.

Maintain consistency in workmanship throughout the project. If adjustments are needed, resubmit the design mix and mock-up samples. Do not proceed with adjustments without approval. Fabricate and install all concrete work to be free of visual defects when visually appraised per Section 4.4.4., “Visual Appraisal”.

Supply concrete from the same batch plant for the duration of each placement. When fabricating precast elements or constructing cast-in-place elements using multiple batches/pours, ensure that finished surfaces meet color and appearance requirements of this Specification and the Plans.

Before visual appraisal, clean all concrete covered by this Specification. Perform cleaning as described in Section 4.4.3.1. “Blast Clean Samples” and in accordance with the approved project cleaning method. A Medium Blast Cleaning or heavier may be required for either new or existing concrete for unification of color and removal of coatings.

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Perform all concrete work under this specification in accordance with the approved QCWP. If the QCWP processes fail to produce satisfactory results, suspend production, determine the cause of the defects, and resubmit the QCWP for approval. Resume production only after the revised QCWP is approved.

Place approved CIP mock-up samples in a vertical position on the project site before commencement of the construction work. Relocate samples as directed.

4.5.1. Precast Concrete Production. All precast concrete work shall comply with the following:  The Engineer will visit the precast fabrication plant(s) and the project site during the construction to perform routine inspections to ensure compliance with the contract requirements. The Engineer’s failure to conduct inspections concurrent with Contractor’s work activities shall not relieve the Contractor of any responsibility for conforming to the requirements of this Specification.  Clean all precast concrete units in accordance with the approved QCWP blast cleaning method before visual appraisal at the plant.  Place approved mock-up samples in a vertical position in the plant before commencement of the fabrication. Relocate samples as directed for reference during visual appraisal. At the plant, the Engineer will visually appraise the precast units for visual defects per Section 4.4.4, “Visual Appraisal”.  The use of the spectrophotometer will be limited to determining compliance with the approved color range for precast units which exhibit visible color differences outside the range of acceptability.  Store all precast elements on a firm surface to avoid warping and cracking. Handle and lift the precast elements in such a manner as not to cause damage or significant distortion.  Do not ship or install precast units that are stained, discolored, showing efflorescence, or subject to other physical damage that would compromise the required uniformity of color or surface finish in the final work. Correct the visible defects to the satisfaction of the Engineer before either shipping or installation.

4.5.2. Slip-Forming. Construct traffic rail or concrete traffic barrier using slip formed construction equipment, methods, and finishing techniques that create a uniform color and consistent surface finish in the finished work.

4.6. Acceptance of Completed Concrete Work. The Engineer will conduct a visual appraisal of specified structural elements per Section 4.4.4, “Visual Appraisal”. Relocate samples as directed for reference during visual appraisal.

Limit concrete color variation within each group of structural elements of completed work to be within the specified color tolerance from the approved representative target color or as otherwise approved. (The Engineer may use an average of final color readings for a group of structural elements of completed work for an approved target color.) Color measuring (spectrophotometer) equipment will be used by the Engineer to determine color compliance where color differences are visible. The Engineer’s readings will be final and binding.

When the structures are approved, but the construction is still in progress, protect the approved concrete surfaces from external substances and other events that could damage the uniformity in color and consistency in the appearance as shown in the approved QCWP.

4.6.1. Correction to Defective Work. Work that fails to meet the visual requirements of this Specification will be considered defective. NTTA, without limiting any other remedies available to NTTA, may require correction, removal, and replacement of such non-conforming work. Item 5.3, “Conformity

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with Plans, Specifications, and Special Provisions,” will not be used as a basis for accepting work that does not meet the requirements of this Specification.

Correct the defects to achieve consistency of color and surface finishes as required by this Specification and the plans. Clean all exposed surfaces in accordance with the approved cleaning method or other method as approved after the concrete has been corrected.

Subsequent work that builds upon an identified visual nonconforming element shall not proceed until a proposed solution and schedule for implementation has been approved.

When the Contractor fails to correct visual defects within an acceptable time frame as determined by the Engineer, NTTA may withhold a penalty (including, but not limited to the value of the work or the repair/replacement value of the work, whichever is greater) as determined by the Engineer from the monthly estimate of the amount of work performed until the correction is completed to the satisfaction of the Engineer.

4.7. Acceptance of the Project. All concrete structures will receive final inspection before the acceptance of the Project to ensure the visual requirements in this Specification and the plans have been achieved. When there is evidence showing that the uniformity in color and consistency in the appearance of the approved concrete surfaces were damaged, correct the concrete surfaces. If the Contractor refuses to correct identified visual defects, NTTA will declare a default by the Contractor under this Contract.

5. MEASUREMENT AND PAYMENT

The work performed; materials furnished; development of QCWP; the furnishing of samples; the furnishing, maintaining, transporting, and removal of mock-up samples, mock-up patch repair samples, and precast mock-up replacements; the cleaning of completed concrete work; the correction of concrete elements that have visual defects; and the furnishing of equipment, labor, tools, and incidentals will not be measured or paid for separately but will be subsidiary to the pertinent concrete structure specified on the plans.

Ten percent of the payment for concrete structures covered under this specification will be withheld until after visual acceptance per Section 4.6, “Acceptance of Completed Concrete Work.”

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Special Specification 856 Moisture Treated Subgrade (MTS)

1. DESCRIPTION

Mix and compact expansive subgrade or expansive embankment material with water and install moisture barrier.

2. MATERIALS

2.1. Subgrade. Furnish approved material capable of forming a stable embankment from excavation in the areas shown on the plans or from sources outside the right-of-way. Provide material that meets the requirements of the plans and specifications. Do not use material with roots, sod, weeds, wood, organic matter, construction debris, or other deleterious materials. In the top 2 ft. of subgrade, use material free of stones larger than 2.5 in. and having soluble sulfate levels of 7000 ppm or less when tested in accordance with Tex-145-E.

2.2. Polyethylene Sheeting Material. Furnish polyethylene sheeting that meets the requirements of ASTM D 4397, is at least 10 mils thick, 10 ft. wide, and free from visible defects. Provide sheeting black in color unless another color is specified on the plans.

2.3. Water. Furnish water that meets the requirements of AASHTO T 26 and is free of industrial wastes, oil, salts, acid, alkali, sugar, vegetative materials, or other deleterious substances that may cause damage to the finished subgrade.

3. EQUIPMENT

Provide machinery, tools, and equipment in good operating condition that are specifically designed and manufactured for proper execution of the work. Maintain all machinery, tools, and equipment in a good working condition, free of leaks, and properly muffled.

3.1. Construction Equipment. Provide water trucks and equipment that are specifically designed and manufactured for excavating, processing, leveling, and compacting subgrade materials.

3.2. Processing Equipment. Provide equipment of appropriate size and capacity so as not to delay the project and capable of processing the soil. Provide discs of sufficient size to effectively mix the soil and water uniformly and effectively.

3.3. Compaction Equipment. Provide compactors in accordance with Item 210, “Rolling.” Use compaction equipment designed to obtain compaction requirements without adverse shoving, rutting, displacement or loosening of subgrade material.

4. CONSTRUCTION

For cut sections, excavate and remove existing materials to the limits of the moisture treated areas as shown on the plans and in accordance with Item 110, “Excavation,” Section 110.2.2., “Earth Cuts,” scarify and compact the native soil to 8 in. below the excavation limit in the cut section before placing the material for moisture treatment.

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For fill sections, construct embankment to the limits of the moisture treated area as shown on the plans and in accordance with Item 132, “Embankment.” Construct the embankment in layers approximately parallel to the finished grade for the full width of the individual roadway cross sections, unless otherwise shown on the plans. Begin placement of material at the toe of slopes.

4.1. Moisture Treatment. After placing each lift of untreated material, perform the following:  Mix the material with water by disking and/or blading using approved equipment. Use a scarifier when necessary to loosen material prior to blading.  Compact the layer to at least the minimum percentage of Standard Proctor density as determined by TEX-114-E at the moisture content range provided in Table 1.  Each layer is subject to testing for stability, density and moisture content. Remove small areas of the layer to allow for density tests as required. Replace the removed material and recompact at no additional expense to NTTA. Proof-roll in accordance with Item 216, “Proof Rolling,” when shown on the plans or as directed. Correct soft spots as directed.  Construct the next moisture treated layer.

Table 1 Moisture Treated Materials Properties Material Plasticity Minimum Required Required Moisture Range Description Index Compacted Density Range

Clayey Sand 5 – 15 98% of Da Tex-114-E -1% to +3% of optimum

Lean Clay Including 16 – 25 95% of Da Tex-114-E The minimum moisture content is that Processed which reduces the swell to less than Weathered or un- 1% for a laboratory compacted sample weathered (ASTM D 698) under an overburden Limestone pressure of 200 psf. The maximum moisture content is 3% greater than the minimum

Fat Clay 26 or 92-94% of Da Tex- +3% to +6% above optimum Greater 114-E

4.2. Maintenance of Moisture. Protect the moisture treated subgrade (MTS) from traffic and maintain the required moisture content, stability, and density until the upper layer of the subgrade is placed and stabilized. When the material loses required stability, density and moisture content, rework the material to obtain the specified compaction. When utilities, such as sanitary sewer or drainage facilities, are required to be installed within an area of previously constructed MTS, replace all disturbed MTS material in full conformance with MTS moisture content, stability and density requirements.

4.3. Polyethylene Sheeting Installation. Install the polyethylene sheeting as shown on the plans, and in accordance with the following requirements:  Do not install polyethylene sheeting until all required underground elements such as pipes, conduits, etc. are installed within the area to be covered.  Before installation of the polyethylene sheeting, compact and level soil subgrade and remove deleterious material that may puncture the polyethylene sheeting.  Install the polyethylene sheeting with the longest dimension parallel with the travel direction of the pavement. Maintain a minimum overlap of 3 ft. between adjacent strips of polyethylene sheeting.

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 Inspect and repair moisture barrier, before placement of loosely compacted fill. Care should be taken not to rip or tear the polyethylene sheeting during the installation. Repair all tears, perforations or similar damage that may occur within the polyethylene sheeting using seaming or bonding tape.  When patching repair is required, apply the patch of polyethylene sheeting extending a minimum of 6 in. beyond the outermost edges of the damaged area. Install the patch directly over the damaged area, and seal all edges with seaming / bonding tape. If sealing of the edges is not performed, maintain a minimum overlap of 3 ft.  When polyethylene sheeting is installed around vertical obstructions (columns, inlets, manholes, etc.) repair sheeting penetrations by securing/sealing with seaming or bonding tape.  Place and loosely compact with rubber-tired equipment fill material placed above the polyethylene sheeting. Loosely compacted fill shall be placed with an estimated 85% to 90% compaction effort. Do not operate any equipment on top of the sheeting that might damage the polyethylene sheeting.

4.4. Construction Quality Control Procedure. Submit a Moisture Treated Subgrade Construction Quality Control Procedure for approval before initiating MTS construction operations. An MTS QC procedure is required for each material type encountered or provided. Material types are defined in Table 1. Include the following items in each MTS QC Procedure:  Proposed lift thickness,  Proposed equipment,  Detailed construction method, and  Process control procedures.

For each material type, construct a test section to verify the effectiveness of the proposed MTS QC Procedure. Each test section shall be at least 200 ft. long and constructed at the full width of the MTS installation. The MTS test sections may be permanently incorporated into the project, if accepted. The Engineer will approve or reject the Contractor’s proposed MTS QC Procedures based on testing results of the MTS test sections.

Testing of moisture treated subgrade will be performed in accordance with Table 2:

Table 2 Schedule for Materials Sampling and Testing for Moisture Treated Subgrade

Test Type Test Standard Minimum Frequency of Tests

In Place Soil Density and TEX-115-E One test per 200 lane-feet for procedure Moisture Content verification; one test per 1000 lane-feet for production; not less than one test per production day Atterberg Limits TEX-104-E One test per 5000 cubic yards per soil type. TEX-105-E TEX-106-E

Moisture-Density Relationships TEX-114-E One test per 5000 cubic yards per soil type.

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If equipment and/or procedures change, resubmit the MTS Construction Quality Control Procedures for approval. Comply with requirements of the approved MTS Construction Quality Control Procedure.

4.5. Acceptance Criteria.

4.5.1. Grade Tolerances. Grade to within 1/2 in. in the cross section and 1/2 in. in 16 ft. longitudinally.

4.5.2. Density Tolerances. Ensure no more than 1 of the 5 most recent density tests for compaction work is outside the specified density limits, and no test is outside the limits by more than 3 pcf.

4.5.3. Moisture Tolerances. Correct any loss of moisture below the limits set in Table 1. Maintain the required moisture content until the subgrade is stabilized.

5. MEASUREMENT

Moisture treated subgrade will be measured by the cubic yard in its final position using the average end area method and the depth as shown on the plans. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2, “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

6. PAYMENT

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 “Moisture Treated Subgrade.” This price is full compensation for development and implementation of MTS Construction Quality Control Procedures, test sections, hauling, scarifying, placing, mixing, compacting, sprinkling, rolling, finishing, and reworking; disposal of waste material; maintaining and protecting the finished moisture treated subgrade; and equipment, labor, tools, and incidentals.

Furnishing, installation and performing repairs required for polyethylene sheeting materials will not be paid for directly, but will be considered subsidiary to this Item.

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Special Specification 857 Stabilized Subgrade

1. DESCRIPTION

Pulverize the subgrade clays or existing asphalt pavement or base materials, add the design percentage of agent, mix, mellow, remix and compact the mixture as specified in this Item. The finished subgrade will meet the grades, thicknesses, lines and typical cross sections shown on the plans.

2. MATERIALS

Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications. Notify the Engineer of the proposed material sources and of changes to material sources. Obtain verification from the Engineer that the specification requirements are met before using the sources. The Engineer may sample and test project materials at any time before compaction. Use Tex-100-E for material definitions. Do not use other materials without written permission.

2.1. Stabilizing Agents:

Provide all stabilizing agents from a single source. Notify the Engineer if agent source changes. No work will be allowed until the Engineer accepts, in writing, a new agent-soil mix design using the new agent source.

2.1.1. Lime. Furnish lime that meets the requirements of DMS 6350 “Lime and Lime Slurry,” and DMS- 6330, “Prequalification of Lime Sources.” Use hydrated lime, commercial lime slurry, or carbide lime slurry as shown on the plans. Do not use quicklime.

2.1.2. Cement. Furnish hydraulic cement that meets the requirements of DMS-4600, “Hydraulic Cement,” and TxDOT’s Hydraulic Cement Quality Monitoring Program (HCQMP). Sources not on the HCQMP will require testing and approval before use.

2.2. Water. Furnish water for slaking, mixing, or curing that is free of oil, salts, acid, alkali, sugar, vegetable, or other deleterious substances which may cause damage to the finished product. Ensure that all water meets the requirements of AASHTO T 26. Known potable water may be used without testing.

2.3. Subgrade. Furnish subgrade soils that meet the TxDOT Standard Specification Item 132 Type B or Item 132 Type D and as shown on the plans. Material imported from a borrow source must have a sulphate content less than 7,000 ppm (as determined by TEX-145E). On-site materials used in subgrades with a sulphate content greater than 7,000 ppm and less than 15,000 ppm will require double stabilization. Remove all organics, roots and deleterious materials from the area to be stabilized. Suspend operations when material to be treated has a sulfate content greater than 15,000 ppm or an organic content greater than 1.0% (as determined by Tex-148-E) and proceed as directed.

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2.4. Asphalt. Use SS-1H or CSS-1H asphalt emulsion to seal the surface of the agent stabilized subgrade that meets the requirements of Item 300, “Asphalts, Oils and Emulsions” or other asphalt as approved.

3. EQUIPMENT

Provide machinery, tools, and equipment necessary for proper execution of the work. Provide rollers in accordance with Item 210, “Rolling.” Provide proof rollers in accordance with Item 216, “Proof Rolling,” when required.

3.1. Storage Facility. Store agent in closed, weatherproof, and airtight containers or enclosed storage bins until it is ready to be used. Ship agent only in bulk, bagged material will not be acceptable.

3.2. Slurry Equipment. Use slurry tanks equipped with agitation devices to slurry hydraulic lime or cement on the project or other approved location. The Engineer may approve other slurrying methods. The slurrying operation must be handled in such a way as to not generate any dust hazardous to job personnel or to the public or be potentially damaging to any adjacent property.

3.3. Distributor Trucks. Provide a pump for agitating the slurry when the distributor truck is not equipped with an agitator and a calibrated measuring device. Provide the spread rate calibration prior to use of the equipment. Equip the distributor truck with a sampling device in accordance with Tex-66-J, Part I, when using commercial lime slurry or carbide lime slurry or an approved sampling device when using cement.

3.4. Hydrated Lime Distribution Equipment. Provide equipment to spread lime evenly across the area to be treated. Provide equipment with a rotary vane feeder to spread lime, when shown on the plans.

3.5. Dry Cement Distribution Equipment. Provide equipment to spread cement evenly across the area to be treated. Provide equipment with a rotary vane feeder when shown on the plans.

3.6. Pulverization Equipment. Provide pulverization equipment that:  Cuts and pulverizes material uniformly to the proper depth with cutters that plane to a uniform surface over the entire width of the cut,  provides a visible indication of the depth of cut at all times, and  uniformly mixes materials.

4. CONSTRUCTION

Construct each layer uniformly, free of loose or segregated areas and with the required density and moisture content. Provide a smooth surface that conforms to the typical sections, lines, and grades shown on the plans or as directed

4.1. Mix Design Submittals. At least 30 days before commencing stabilization work, furnish the following information for approval:  The proposed source and supplier of agent.  Description of the proposed construction equipment, construction methods, expected production rates and planned sequence of stabilization of subgrade.  An appropriate mix design per 2014 TxDOT Standard Specification Items 260, 263, 275, or 276.

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Provide a mix design that complies with the following requirements:  Minimum pH: 12.4 (Tex-121-E Part III / ASTM D 4972 / AASHTO T 289) after completion of final mixing with agent at ambient temperature. This requirement is for lime stabilization only.  Swell Potential: Less than 1.0% under 200 psf (ASTM D 4546 / AASHTO T 216).  Minimum Unconfined Compressive Strength: 160 psi for lime or 300-750 psi for cement, with 5-day cure at 100 degree F (Tex-117-E, Tex-118-E, Tex-120-E, and Tex-121-E).

4.2. Reports. During stabilization work, furnish the following information at the end of each day:  Certified truck weight tickets of agent delivered to or used at the site.  A daily summary of the amount of agent used in areas stabilized with agent and first mixed, areas second mixed, areas completed, and areas with curing completed.

4.3. Preparation of Subgrade or Existing Base for Stabilization. Before stabilization, remove existing asphalt pavement in accordance with Item 105, “Removing Treated and Untreated Base and Asphalt Pavement,” when shown on the plans or as directed. Shape existing material in accordance with applicable bid items to conform to typical sections shown on the plans and as directed.

Unless otherwise approved, proof roll the roadbed in accordance with Item 216, “Proof Rolling,” before pulverizing or scarifying existing material. Correct soft spots as directed.

When material is imported from a borrow source, notify the Engineer of the location of the borrow source well in advance to allow time for testing and approval to avoid delay to the project. Stockpile as directed. The Engineer will test the borrow source and determine the sulfate and organic contents. Borrow source materials with a sulfate content greater than 7,000 ppm or an organic content greater than 1.0% will not be approved.

When new base is required to be mixed with existing base, deliver, place, and spread the new material in the required amount per station. Manipulate and thoroughly mix new base with existing material to provide a uniform mixture to the specified depth before shaping.

4.4. Pulverization. Pulverize or scarify the existing material so that 100% passes a 2-1/2-in. sieve. If the material cannot be uniformly processed to the required depth in a single pass, excavate and windrow the material to expose a secondary grade to achieve processing to plan depth.

4.5. Application. Apply the percentage by weight or pounds per square yard of agent to the stabilized areas in accordance with the approved mix design. The application may vary as directed, if conditions warrant. Only slurried placement of lime will be allowed. Cement shall use either Dry Placement or Slurry Placement.

Start lime or cement stabilization application only when the air temperature is at least 35°F and rising or is at least 40°F. The temperature will be taken in the shade and away from artificial heat. Suspend application when the Engineer determines that weather conditions are unsuitable.

When the plans require stabilization to a depth greater than 1 ft., the soil will be treated in two lifts. Stockpile the top 1 ft. or 50% of the layer thickness of soil. Stabilize the lower lift and allow mellowing in place. After final mixing, compact the lower lift and then place and stabilize the upper lift.

Distribute slurry uniformly by making successive passes over a measured section of roadway until the specified lime or cement content is reached.

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4.5.1. Do not start the agent application when the air temperature is below 40ºF and falling, but may start when the air temperature is above 35ºF and rising. The temperature will be taken in the shade and away from artificial heat. Suspend application during periods of rain or when the Engineer determines that weather conditions are unsuitable.

4.6. Mixing.

4.6.1. Lime Stabilization Mixing. Spread slurried lime only on the area where the mixing operations can be completed during the same working day. Begin mixing within 3 hr. of application of lime. Hydrated lime exposed to the open air for 6 hr. or more between application and mixing, or that experiences excessive loss due to washing or blowing, will not be accepted for payment.

Thoroughly mix the soil and slurried lime using approved equipment. When treating subgrade, bring the moisture content above the optimum moisture content to insure adequate chemical reaction of the lime and subgrade materials. Allow the mixture to mellow for 1 to 4 days, as directed. Sprinkle the treated materials during the mixing and mellowing operation, as directed, to achieve adequate hydration and proper moisture content. When the material to be treated has a sulfur content greater than 3,000 ppm but less or equal to 7,000 ppm, mellow for a minimum of 7 days. Maintain in a continuously moist condition by sprinkling in accordance with Item 204, “Sprinkling." After mellowing, resume mixing until a homogeneous, friable mixture is obtained. After mixing, the Engineer may sample the mixture at roadway moisture and test in accordance with Tex-101-E, Part III to determine compliance that at least 60% passes the No. 4 sieve, 85% passes ¾ in. sieve, and 100% passes 1-3/4 in. sieve.

4.6.2. Double Lime Stabilization Mixing. Spread lime only on the area where the mixing and compacting operations can be completed during the same working day. The initial mix shall be in accordance with Section 4.6.1., “Lime Stabilization.” After the required mellowing period, apply 50% more lime for double lime.

Begin mixing within 3 hr. of application of lime. Hydrated lime exposed to the open air for 6 hr. or more between application and mixing, or that experiences excessive loss due to washing or blowing, will not be accepted for payment. Thoroughly mix the lime stabilized soil using approved equipment. Continue the mixing until the agent, water content, and pH for each course of subgrade stabilization shall conform to Table 1 and leave it to mellow (in the case of a double application of lime) for an additional 3 days or longer as required by the approved mix design:

Table 1 Agent +0.5% based on dry unit weight of soil Water +3% of optimum moisture content pH 12.4

4.6.3. Cement Stabilization Mixing. Spread cement only on the area where the mixing and compacting operations can be completed during the same working day. Begin mixing within 90 min. of application of cement. Thoroughly mix the material and cement using approved equipment. The mixture shall be reduced in size by approved pulverizing equipment and methods so that the remainder of the clods meets the following requirements of Table 2 when tested dry by laboratory sieves in accordance with Tex-101-E, Part III:

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Table 2 Minimum passing 1 in. sieve 100%

Minimum passing No. 4 sieve 60%

Mix until a homogenous mixture is obtained. Sprinkle the treated materials during the mixing operation, as directed, to maintain optimum mixing moisture. Spread and shape the completed mixture in a uniform layer. The Engineer may sample the mixture to verify strength in accordance with Tex-120-E and adjust cement content to achieve the target strength for work going forward.

4.7. Lime Stabilization Compaction. Compact the mixture using density control and compact to at least 95% of standard Proctor density using Tex-115-E at 3% above optimum moisture content, unless otherwise shown on the plans. Multiple lifts are permitted when shown on the plans or approved. Bring each layer to the moisture content directed. Sprinkle the treated material in accordance with Item 204, “Sprinkling” or aerate the treated material to adjust the moisture content during compaction so that it is 3.0 (+/- 0.5%) percentage points above optimum as determined by Tex-121-E. Measure the strength and moisture content of the material in accordance with Tex-115- E or Tex-103-E during compaction daily and report the results the same day, unless otherwise shown on the plans or directed.

4.7.1. Begin rolling longitudinally at the sides and proceed toward the center, overlapping on successive trips by at least 1/2 the width of the roller unit. On superelevated curves, begin rolling at the low side and progress toward the high side. Offset alternate trips of the roller. Operate rollers at a speed between 2 and 6 mph as directed.

4.7.2. Correct immediately all irregularities, depressions, or weak spots by scarifying the areas affected, adding or removing materials as required, and reshaping and recompacting by moisture conditioning and rolling. Maintain the surface of the course in a moist, smooth condition, free from undulations, ruts and cracking, until other work is placed over it or the work is accepted.

4.7.3. After each section is completed, tests will be made as directed. The Engineer will select the locations of tests in each unit and measure the treated depth with Tex-140-E. Correct areas deficient by more than ½ in. in thickness or more than ½% in target lime by adding lime as required, reshaping, recompacting, and refinishing at the Contractor’s expense. If the material fails to meet the density requirements, loses required moisture, stability, or finish before the next course is placed or the project is accepted, rework or replace to meet the requirements. Rework in accordance with Section 857.4.9 and the Contractor shall perform the work at no additional expense to NTTA. Throughout this entire operation, maintain the shape of the course by blading and keep the surface upon completion smooth.

4.8. Cement Stabilization Compaction. Compact the mixture in one lift using density control unless otherwise shown on the plans. Complete compaction within 2 hours after the application of water to the mixture of material and cement.

Sprinkle the treated material in accordance with Item 204, “Sprinkling,” or aerate the treated material to adjust the moisture content during compaction so that it is within 2.0 percentage points of optimum as determined by Tex-120-E. Measure the moisture content of the material in accordance with Tex-115-E or Tex-103-E during compaction daily and report the results the same day to the Engineer, unless otherwise shown on the plans or directed. Adjust operations as required.

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Begin rolling longitudinally at the sides and proceed towards the center, overlapping on successive trips by at least one-half the width of the roller unit. On superelevated curves, begin rolling at the low side and progress toward the high side. Offset alternate trips of the roller. Operate rollers at a speed between 2 and 6 mph, as directed.

Before final acceptance, the Engineer will select the locations of tests in each unit and measure the treated depth in accordance with Tex-140-E. Correct areas deficient by more than 1/2 in. in thickness or more than 1/2% in target cement content by adding cement as required, reshaping, re- compacting, and refinishing at the Contractor’s expense.

Remove or rework areas that lose required stability, compaction, or finish, as directed. When a section is reworked more than 4 hr. after completion of compaction, add additional cement as directed. Provide additional work and material at no additional cost to NTTA.

4.9. Finishing and Curing.

4.9.1. Immediately after completing compaction of the final layer or course of stabilized subgrade, bring to the required lines and grades in accordance with the typical sections. Finish the completed section by rolling with a pneumatic or other suitable roller sufficiently light to prevent hair line cracking. Remove loosened material and dispose of at an approved location. The finished surface shall not deviate by more than 1/2 in. from the actual finish grade. Correct any variations in excess of this tolerance as directed.

4.9.2. Moist cure the completed section for a minimum of 3 days before further courses are added or any traffic is permitted, unless otherwise directed. The moisture cured duration may be reduced if a non-yielding surface is obtained to support construction traffic and either the next layer of stabilized soils are placed or the pavement layer is constructed, as approved.

4.9.3. In the event the surface cannot be covered by the next layer of pavement within 5 days, apply an asphalt material at the rate of 0.12 to 0.15 gal per sq. yd. as directed. Protect the stabilized subgrade from traffic and contamination until the next layer of the pavement system is placed.

4.10. Microcracking of Cement Stabilized Base. Maintain moisture content of the finished cement stabilized base for a period of 24 to 48 hr. During this time, but not sooner than 24 hr., roll the finished course with a vibratory roller to induce microcracking. The vibratory roller must be in accordance with Item 210, “Rolling,” with a static weight equal to or more than 12 tons and the vibratory drum must be not less than 20 in. wide. The roller must travel at a speed of 2 mph, vibrating at maximum amplitude, and make 2 to 4 passes with 100% coverage exclusive of the outside 1 ft. of the surface crown, unless otherwise directed by the Engineer. Additional passes may be required to achieve the desired crack pattern as directed. Notify the Engineer 24 hours before the microcracking begins.

4.11. Reworking. When a section is reworked, add additional agent at 25% of the specified rate of agent. Reworking includes loosening, mixing and adding water as directed, compacting, and finishing. When a section is reworked, determine a new optimum density of the reworked material in accordance with Tex-113-E, Tex-114-E, or Tex-115-E. Agent used for reworking a section will not be paid for directly but will be subsidiary to this Item.

4.12. Tolerances. The following requirements will apply to the finished agent stabilized subgrade:

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4.12.1. Thickness. One core will be taken at random location on the roadway at 1,000 ft. spacing alternating between each roadway direction. When such measurement is deficient more than 0.5 in. from the plan thickness, two additional cores will be taken at random locations and the Engineer will use the results of these data to determine the average thickness. The thickness of the core will be determined by averaging the caliper measurement of cores tested in accordance with Tex-140- E. When the average measurement of the 3 cores is not deficient by more than 0.5 in. from the plan thickness, full payment will be made. If the average measurement of the three cores is deficient more than 1.0 in. from the plan thickness, the entire area shall be reprocessed at the Contractor's expense. Reprocessed includes the addition of soil and 50% of the original stabilizing agent, mixing, watering and compacting.

4.12.2. Strength Testing. The agent mixture must develop compressive strength of least 160 psi for lime (300 psi to 750 psi for cement) in 5 days at 100ºF when tested in accordance with Tex-117-E, Tex- 118-E, Tex-120-E, and Tex-121-E. Compressive strength tests will be determined on 3 cylinders taken of the stabilized soil on center of roadway at 900 ft. spacing alternating between each roadway direction. A minimum of one group of specimens will be made during every day of work. Cylinders will be tested after moist wrapped curing for 5 days at 100ºF. Compressive strength tests will be performed in accordance with Tex-117-E, Tex-118-E, Tex-120-E, and Tex-121-E. Cylinders will be molded from treated soil within 2 hr. of final mixing with the material compacted to at least 95% compaction at the field moisture content. Moisture-density final relationships for the treated soil will be determined in accordance with Tex-113-E, Tex-114-E, and Tex-115-E.

Areas of stabilized materials with an unconfined compressive strength of less than 160 psi for lime (300 psi to 750 psi for cement) in 5 days will be evaluated to determine if these areas will require re-treatment or adjustment to the thickness of other layer of the pavement system to achieve the design intent.

4.12.3. Quality Control. The Engineer will periodically make tests to assist him in evaluating the quality of work and Contractor’s performance. Assist the Engineer by excavating and backfilling shallow areas as necessary to take density tests.

Rework any constructed course, which fails the Engineer’s tests, in accordance with Section 4.9, “Reworking,” to bring that work to within specification requirements. The Engineer’s tests will be used in evaluating whether project meets specification requirements. Use the current TxDOT Guide Schedule of Sampling & Testing for Design Bid-Build (DBB) Projects (DBB Guide Schedule) to determine minimum testing requirements.

5. MEASUREMENT

When lime or cement is furnished in trucks, the weight will be determined on certified scales, or provide a set of standard platform truck scales at an approved location. Scales must conform to the requirements of Item 520, “Weighing and Measuring Equipment.”

5.1. Hydrated Lime. Lime slurry will be measured by the ton (dry weight) of the hydrated lime used to prepare the slurry, which will be the basis of payment.

5.2. Cement. Cement slurry will be measured by the ton (dry weight) of the cement used to prepare the slurry at the job site or from the minimum percent dry solids content of the slurry, multiplied by the weight of the slurry in tons delivered.

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5.3. Stabilized Subgrade. Stabilized subgrade will be measured by the sq. yd. of surface area. The dimensions for determining the surface area will be established by the widths shown on the plans and the lengths measured at placement.

5.4. Double Stabilized Subgrade. Double stabilized subgrade will be measured by the sq. yd. of surface area. The dimensions for determining the surface area will be established by the widths shown on the plans and the lengths measured at placement.

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for as follows:

Where subgrade to be treated under this Contract has sulfates greater than 15,000 ppm, work will be paid for in accordance with Article 4.4, “Changes in the Work.”

6.1. Hydrated Lime. Hydrated Lime will be paid for at the unit price bid for “Hydrated Lime (Slurry).” This price is full compensation for materials, delivery, equipment, labor, tools, and incidentals. Hydrated Lime used for reworking a section in accordance with Section 4.11, “Reworking,” will not be paid for directly but will be subsidiary to this Item.

6.2. Cement. Cement slurry will be paid for at the unit price bid for “Cement (Slurry).” This price is full compensation for materials, delivery, equipment, labor, tools, and incidentals. Cement used for reworking a section in accordance with Section 4.11, “Reworking,” will not be paid for directly but will be subsidiary to this Item.

6.3. Stabilized Subgrade. Stabilized subgrade will be paid for at the unit price bid for “Stabilized Subgrade (Lime)” or “Stabilized Subgrade (Cement)” for the depth specified. No payment will be made for thickness or width exceeding that shown on the plans. This price is full compensation for shaping all material; preparing the subgrade; including removed and replaced material; loosing, mixing, pulverizing, spreading, applying lime (or cement per plans and approved mix design), compacting, microcracking (if cement stabilization), finishing, curing, providing and placing all curing materials, blading, watering, replacing mixture, processing, hauling, disposing of loosened material, compacting these materials, and applying asphalt seal; and all water, labor, equipment, tools and incidentals necessary to complete the work. Insufficient thickness and reduced strengths will be removed and replaced at the Contractor’s expense.

6.4. Double Stabilized Subgrade. Double stabilized subgrade will be paid for at the unit price bid for “Double Stab Subgrade (Lime)” for the depth specified. No payment will be made for thickness or width exceeding that shown on the plans. This price is full compensation for shaping all material; preparing the subgrade; including removed and replaced material; loosing, mixing, pulverizing, spreading, applying lime, compacting, finishing, curing, providing and placing all curing materials, blading, watering, , replacing mixture, processing, hauling, disposing of loosened material, compacting these materials, and applying asphalt seal; and all water, labor, equipment, tools and incidentals necessary to complete the work. Insufficient thickness and reduced strengths will be removed and replaced at the Contractor’s expense.

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Special Specification 860 Multi-Duct Conduit System 1. DESCRIPTION

Furnish, install, and test multi-duct conduit (MDC) system of the type and sizes shown on the plan. Ensure the multi-duct conduit system is suitable for installation in an outdoor underground environment including constant immersion in water, and hung from a bridge without any degradation in the conduit.

The MDC system consists of outer conduits, innerducts, sweeps, bends, couplings, termination kits, adapters, pre-assembled split repair kits, lubrication access fittings, tug-plugs, slit-innerduct plugs, hangers, brackets, expansion joints, pull tape, warning tape, station markers, test stations, and accessories to complete the MDC system.

Unless otherwise noted on the plans, refer to the North Texas Tollway Authority (NTTA) ITS standards for additional details and requirements on the multi-duct conduit system.

2. MATERIALS

Provide new materials that are Underwriters Laboratory, Inc. (UL)-listed, and meet National Electrical Manufacturers Association (NEMA), American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), and National Electrical Code (NEC) requirements.

2.1. MDC System. When specified in the plans, provide MDC having:  rigid metal conduit (RMC) outerduct,  fiberglass conduit outerduct,  polyvinyl chloride (PVC) conduit outerduct, and  smooth-wall high-density polyethylene (HDPE) innerduct.

Unless otherwise noted on the plans, provide Schedule 40 PVC conduit for outerduct when the MDC system is buried; provide galvanized rigid metal conduit for outerduct when the MDC system is hung under the bridge with the total bridge length of 500 ft. or less; and provide fiberglass conduit for outerduct when the MDC system is hung under the bridge with the total bridge length greater than 500 ft. The sizes and types of the outerducts are shown on the plans.

Provide a MDC system that conforms to the following requirements:  A percent ovality of less than 5%.  An underground system that performs in an ambient temperature range of 30°F to 130°F without degradation of material properties.  An aerial system that performs in an ambient temperature range of -40°F to 200°F without degradation of material properties.  Resistant to most harsh chemicals.  Protected against degradation due to oxidation or general corrosion.  Capable of being direct buried by trenching or boring with no special consideration to using selective backfill.  Has a low coefficient of thermal expansion, such that expansion and contraction is minimal.

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 Free of visible cracks, holes or other physical defects that would degrade its performance.  Uniform as practical in respect to overall dimensions, color, density, thickness, etc.  Contains a UV light stabilizer which will protect it, for a minimum of 12 mo., in direct sunlight.  Durable identification showing the name and trademark of the manufacturer, conduit size, date of manufacture and “NTTA - Fiber Optic Cable System.”

Ensure all components of the MDC system are provided by the same manufacturer.

Provide innerducts held together in a square configuration by a tightly locking system of spacers to prevent free twisting of the innerducts. Provide MDC with spacers molded from a high impact plastic and factory certified to withstand all handling pressures and stresses.

Provide a MDC system that is manufactured without the use of adhesives to allow for innerduct movement.

Provide a MDC system with the availability of a complete line of accessory items including, but not limited to, alternative outerducts, sweeps and bends, repair couplings, ground box/manhole termination kits, pre-assembled split repair kits, and lubrication access fittings.

Provide a single protective end cap for each end of all 20 ft. conduit sections, factory bends and fittings, to minimize the risk of damage to the conduit system during shipping and handling.

Provide flat profile, low stretch polyester, 5/8 in. 1800 lb. tensile strength pull tape with sequential markings in each empty innerduct. Provide toning wire as shown on plans.

When the plans require boring, use 1-1/4 in. ID smooth-wall HDPE conduits without outerducts. Bundle all innerducts together with fasteners recommended by the manufacturers. Provide the white innerduct with durable identification showing the name and trademark of the manufacturer, conduit size, date of manufacture and "NTTA - Fiber Optic Cable System" identification.

2.2. PVC Conduit. Provide Schedule 40 PVC conduit outerduct that conforms to the requirements of the following items:  NEMA TC-2 or TC-6  UL 651  NEC

2.3. RMC Outerduct. Provide rigid metal MDC system that is hot-dipped galvanized steel conduit. Comply with the RMC requirements in DMS-11030.

2.4. Fiberglass Conduit. Provide fiberglass MDC that is bullet resistant, heavy walled, pure, high grade, filament wound fiberglass reinforced epoxy conduit. Provide conduit, elbows and fittings that are manufactured from the same resin/hardener/glass systems manufactured by the same filament wound system. Provide MDC aerial elbows, conduit, fittings and hangers that are gray in color. Provide fiberglass MDC that meets the requirements of NEMA-TC-14B.

2.5. HDPE Innerducts. Provide HDPE innerducts meeting the requirements of the following items:  NEMA TC-7  ASTM F-2160  ASTM D-3350  ASTM D-3485

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 ASTM F-2136

Provide innerducts having dimensions meeting SDR 15.5, or SDR 11.5 if outerduct is omitted. Provide innerducts extruded in a controlled outside diameter (OD) fashion and having a minimum inside diameter (ID) of 1-1/4 in.

Provide innerducts that are uniquely defined by the extrusion of a different color for each of the innerducts, colors shall be orange, yellow, red, and white. Provide white innerduct that is placed directly in-line with the manufacturer's identification on the outerduct for ease of identification and installation.

2.6. Fittings. Provide rigid metal fittings with rigid metal or fiberglass conduits and PVC coated rigid metal fittings with PVC conduits.

2.6.1. Coupling Body. Provide a coupling body for sealing the outer and innerducts of adjacent conduit sections in an end-to-end relationship.

Provide a factory installed primary coupling body that is manufactured as a hard plastic coupling body incorporating conical shaped target areas to accommodate self-alignment of each innerduct upon field assembly. Provide a coupling body that incorporates sealing devices to facilitate field assembly and prevent water and foreign material leakage from outside the multi-duct system and to prevent air leakage from inside the innerducts. Assemble solely by hand without use of special tools such that no lubricant will be required for field assembly of this conduit system.

Provide the coupling body with a plurality of bores containing principal seals which are molded as an integral part of the coupling body.

Provide the coupling body with its sealing member(s) sealing the outer walls of the innerducts and the inner wall of the outerduct providing an airtight seal from within the innerduct system and a watertight seal from the outside of the outerduct.

Provide the gasket or sealing member(s) that is an anti-reversing design in such that the lengths of conduit stay joined together without the need for solvent cement.

Provide the field connection end of the internal coupling body that incorporates shaped target areas to accommodate self-alignment of the innerducts with bore openings during field assembly.

Provide the coupling body that has one of the bore openings on the field assembly side uniquely identified to facilitate proper continuous innerduct alignment during field assembly.

2.6.2. Expansion joints. Provide expansion joints having a material similar to the connecting conduit unless otherwise noted on the plans. Use conduit expansion fittings at structure expansion joint crossings.

2.6.3. Termination kits. Provide special termination kits from the conduit manufacturer for terminating the conduit in ground boxes and junction boxes. Provide kits that form a watertight seal of conduit to structure wall.

2.6.4. Sweeps. Use complete conduit manufactured 36-in. radius sweeps (11-1/4°, 22-1/2°, 45°, 90° angles) complete with bell and spigot. Do not field bend conduit.

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2.7. Station markers and test stations. Provide station markers and test stations as shown on the plans.

2.8. Conduit hangers. Provide conduit hanger system as shown on the plans.

3. CONSTRUCTION

3.1. Submittals. Provide manufacturer’s cut sheets and product specifications to the NTTA for review and approval before ordering the materials.

3.2. Installation. Before installation, examine each conduit system component carefully to verify that the materials are free from any physical damage such as cracking or chipping.

Place conduit in accordance with the lines, grades, details and dimensions shown on the plans or as directed. Install underground MDC system at a minimum of 48 in. unless otherwise shown on the plans. Install conduit in accordance with the requirements of the NEC.

For underground installation, plans depict conduit routing in schematic form only. Final conduit routing is based on actual field conditions at the time of construction. Use Blue Stake markings to set-up the final routing to prevent conflicts with existing utilities. Obtain approval of the final routing.

Ream all conduit ends to remove burrs and sharp edges. Fasten all conduit placed on structures with conduit hangers as shown on the plans or as directed. Fit the conduit terminations with bushings or bell ends.

Trench excavate and backfill in accordance with Item 400, "Excavation and Backfill for Structures," except for measurement and payment. Place an approved 6 in. wide orange generic warning tape over the MDC as shown on the plans, over the MDC on top of a 6 in. backfill, before final backfill of the trench. The warning tape will have “NTTA - Buried Fiber Optic - Call Before Proceeding” imprinted at every 18 in. Provide trace wire as shown on the plans.

Jacking and boring when required will be in accordance with Item 476, "Jacking, Boring or Tunneling Pipe or Box", except for measurement and payment.

Do not allow multi-duct conduit to deflect vertically or horizontally along its length by a ratio greater than 1:10, (e.g. no more than 4 in. deflection per 40 in. in length).

Do not allow the sum total of the vertical and horizontal deflection of multi-duct conduit between any two junction boxes or ground boxes exceed 270º.

Do not place conduit directly above parallel utilities. Locate conduit within 1 ft. of existing parallel conduit run.

Repair or replace any damages to the existing structures to the satisfaction of the Engineer and at the Contractor’s expenses.

Ensure that all innerducts are free from obstruction before installing the pull tape. Proof innerducts with an approved mandrel or draw a spherical template having a diameter of not less than 75% of the inside diameter of the innerduct through the innerduct. The pull tape will be placed in the innerduct as follows:  Install plug with 1⁄4 in. hole for pull tape on each end of conduit.  Leave 2 ft. of pull tape outside of the plug and fasten securely to plug.

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Do not splice pull tape in conduit. Pull tape must be continuous between junction boxes or ground boxes.

3.3. Testing. Performance test all materials and equipment not previously tested and approved. If technical data is not considered adequate for approval, samples may be requested for testing. The contract period will not be extended for time lost or delays caused by testing before final approval of any items.

Satisfy all inspection requirements before submission for inspection and acceptance unless otherwise specified. The Engineer reserves the right to have his representative witness all tests.

Compare the results of each test with the requirements specified. Failure to conform to the requirements of any test shall be counted as a defect and the materials will be subject to rejection. Offer rejected materials again for retest only if all non-compliances have been corrected and retested, and evidence thereof submitted to the Engineer.

Examine each conduit system component carefully to verify that the materials, design, construction, markings, and workmanship comply with the requirements of this specification.

Provide a coupling body that will seal the innerduct so that after the application of 100 psi to an innerduct, the innerduct will be capable of maintaining a minimum of 15 psi for 24 hr. Employ, at the contractor’s expense, an approved independent commercial testing laboratory to perform the above test. Submit certified reports of such test to the Engineer.

Furnish certified documentation of compliance with PVC, Fiberglass and HDPE requirements based on random testing of products by an independent testing laboratory. Such testing will be in accordance with all ASTM, NEMA, and UL standards as referenced in this specification.

4. MEASUREMENT

This Item will be measured by the foot of the conduit system furnished, installed, and tested.

5. PAYMENT

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 "Multi-Duct Conduit" of the various types of the outer conduit and number and size of innerducts as specified. This price will be full compensation for furnishing and installing multi-duct conduit with pull tape, hangers and brackets, underground warning tapes, trace wire, station markers and test stations, and all fittings including sweeps, bends, repair couplings, adapters, termination kits, pre-assembled split repair kits, lubrication access fittings, expansion joints, and coupling bodies; jacking or boring; excavating and backfilling; repairing or replacing damaged structures; sodding the construction area; testing the system; and all labor, tools, equipment, and incidentals.

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Special Specification 865 CCTV Camera Pole Structure

1. DESCRIPTION

Design, fabricate, deliver, and install CCTV camera pole structures in accordance with NTTA standard drawings.

2. MATERIALS

Provide new materials that comply with the details shown on the plans, the requirements of this Item, and the pertinent requirements of the following Items:  Item 421, "Hydraulic Cement Concrete"  Item 425, "Precast Prestressed Concrete Structural Members"  Item 440, "Reinforcement for Concrete"  Item 441, “Steel Structures”  Item 442, "Metal For Structures”  Item 445, "Galvanizing"  Item 449, "Anchor Bolts"  Item 618, “Conduit”  Item 620, “Electrical Conductors”

2.1. Ground Mounted Steel Poles. Furnish CCTV camera steel poles and anchor bolts in accordance with NTTA standard drawings ITS-004 or ITS-005.

2.2. Ground Mounted Precast Prestressed Concrete Poles. Furnish CCTV camera precast concrete poles in accordance with NTTA standard drawings ITS-006.

The prestressed concrete pole will conform to Item 425, "Precast Prestressed Concrete Structural Members."

2.3. Structure Mounted Poles. Furnish CCTV camera steel poles in accordance with NTTA Standard Drawings ITS-008 and the details shown on the plans. Poles are normally retrofitted to existing sign structures or dynamic message sign structures.

3. CONSTRUCTION

Perform work in accordance with the details shown on the plans and the requirements of this Item.

Use established industry and utility safety practices when installing poles located near overhead or underground utilities. Consult with the appropriate utility company before beginning work.

3.1. Shop Drawings. Submit shop drawings electronically per Article 5.2., “Plans and Working Drawings.” . Provide shop drawings that have been signed, sealed, and dated by a licensed professional Engineer registered in the State of Texas.

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3.2. Survey. Stake each CCTV camera pole structure as shown on the plans. The Engineer may shift the pole’s location, if necessary, to secure a more desirable location or to avoid conflict with utilities.

3.3. Foundation. Construct drilled shaft foundations as shown on the plans and in accordance with Item 416, “Drilled Shaft Foundations.” Install conduits, ground wire, and ground rod as shown on the plans. When required by plans, install anchor bolts and coat anchor bolt threads in accordance with Item 449, “Anchor Bolts.”

3.4. Pole Installation. Erect structures after foundation concrete has attained its design strength as required on the plans and Item 421, “Hydraulic Cement Concrete.” Tighten anchor bolts in accordance with Item 449, “Anchor Bolts.”

Poles must be set plumb to the line and grade shown on the plans. Installations out of plumb more than 1/8-in. per 10 ft. height will be rejected and corrected at no additional cost.

Construct riprap around the foundation as shown on the plans and in accordance with Item 432, “Riprap.”

4. MEASUREMENT

This Item will be measured as each installed.

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided for under "Measurement" will be paid for at the unit price bid for "Camera Pole Structure" or “Structure Mount Camera Pole” of the type and height specified. This price will be full compensation for designing, furnishing, fabricating, and erecting the camera pole structure; for furnishing and placing anchor bolts, nuts and washers; for furnishing and placing electrical conduit in the foundation; for mounting the camera pole to existing structure; for shop drawings; and for all other details and incidentals necessary to provide a camera pole structure in accordance with the specifications, plans and approved shop drawings.

Foundations will be paid for under Item 416, "Drilled Shaft Foundations." Riprap around the foundation will be subsidiary to this item.

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Special Specification 3004 Diamond Grinding and Grooving Pavement

1. DESCRIPTION

Diamond grind and/or groove existing pavement surfaces and remove resulting residue at locations shown on the plans or as directed.

2. EQUIPMENT

Provide machinery, tools, and equipment necessary for proper execution of the work. Do not use flailing devices. Use machines that:  have a self-propelled machine built for grinding and/or grooving pavements;  provide enough power, traction, and stability to maintain specified depth of cut and cross slope; and  are able to achieve a uniform depth of cut, flush to all inlets, manholes, bridge joints, and other appurtenances within the paved area.

In addition, for continuous operations, use machines that:  have 50 to 60 diamond blades per foot, mounted on a multi-blade arbor;  have dual longitudinal controls capable of operating on both sides automatically from any longitudinal grade reference, which includes string line, ski, mobile string line, or matching shoe; and  have transverse controls to control cross slope at a given rate.Table1

3. CONSTRUCTION

Demonstrate grinding and/or grooving work to receive approval of the operation procedure and the use of grinding and/or grooving and residue removing equipment.

3.1. Grinding. Perform grinding in a longitudinal direction beginning and ending at lines perpendicular to the pavement lane lines. Start grinding at the outside edge of the pavement, and continue across the lane surface to the opposite outer edge of the traffic lane or pavement. Grind surfaces on both sides of transverse joints or cracks, and finish the surfaces in essentially the same plane.

The finished cross slope shall mirror the pre-grind cross slope and shall have no depressions or misalignment of slope greater than 1/4 inch (6.35 millimeters) in 12 feet (3.66 meters) when measured with a 12-foot (3.66 meter) straightedge placed perpendicular to the centerline. The straightedge shall also be used perpendicular to the centerline to ensure the contractor is not grinding a “W” into the roadway surface when grinding wheel-rutted surfaces. Areas of deviation shall be reground. Straightedge requirements will not apply across longitudinal joints or outside the ground area.

Transition auxiliary and ramp lane grinding from the mainlane edge as directed. Terminate grinding at bridge joints.

Produce a uniform surface with a longitudinal corduroy-type texture that eliminates joint and crack faults. Provide positive lateral surface drainage by maintaining a constant cross-slope across each lane.

3.2. Grooving. Groove 0.10–0.16 in. wide with a land area 0.70–0.80 in. between the grooves. Groove 0.19 in. deep unless otherwise as shown on the plans. Meet the groove tolerances ± 0.02 in. for width and ± 0.06 in. for depth under normal pavement conditions unless otherwise directed. Do not groove ground asphaltic pavement unless otherwise shown on the plans.

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3.3. Repairs. As directed, perform repairs in accordance with Item 720, “Repair of Spalling in Concrete Pavement,” if spalls are 0.25–3 in. in depth.

3.4. Ride Quality. Unless otherwise shown on the plans, measure ride quality in accordance with Item 585, “Ride Quality for Pavement Surfaces,” Surface Test Type A, after completion of grinding and/or grooving and residue removal operations.

3.5. Removal of Residue. Immediately and continuously, remove the slurry or residue resulting from the grinding operation. Keep pavement in a washed clean condition, free of slipperiness from the slurry, etc. Do not permit the residue to flow across shoulders or lanes occupied by traffic or into gutters or other drainage facilities.

4. MEASUREMENT

4.1. Continuous Diamond Grinding of Concrete Pavement. Continuous diamond grinding of concrete pavement will be measured by the square yard of surface area ground and accepted, within the limits shown on the plans.

4.2. Spot Diamond Grinding of Concrete Pavement. Spot diamond grinding of concrete pavement will be measured in place at locations determined by the Engineer.

4.3. Continuous Diamond Grinding of Asphaltic Pavement. Continuous diamond grinding of asphaltic pavement will be measured by the square yard of surface area ground and accepted, within the limits shown on the plans.

4.4. Spot Diamond Grinding of Asphaltic Pavement. Spot diamond grinding of asphaltic pavement will be measured in place at locations determined by the Engineer.

4.5. Continuous Diamond Grooving of Concrete Pavement. Continuous diamond grooving of concrete pavement will be measured by the square yard of surface area grooved and accepted, within the limits shown on the plans.

4.6. Spot Diamond Grooving of Concrete Pavement. Spot diamond grooving of concrete pavement will be measured in place at locations determined by the Engineer.

5. PAYMENT

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 “Continuous Diamond Grinding of Concrete Pavement,” “Spot Diamond Grinding of Concrete Pavement,” “Continuous Diamond Grinding of Asphaltic Pavement,” “Spot Diamond Grinding of Asphaltic Pavement,” “Continuous Diamond Grooving of Concrete Pavement,” or “Spot Diamond Grooving of Concrete Pavement.” This price is full compensation for grinding the pavement surface; repairing of concrete pavement damaged during grinding and/or grooving operations, including spalls or partial depth failures; loading, hauling, and disposing of the residue material; labor; tools; equipment; and incidentals. Demonstration work to receive approval for use of equipment will not be paid for unless work is performed in accordance with the Contract and is accepted.

Repairs to existing pavement necessary due to the Contractor’s failure to comply with contract requirements will not be paid for directly. Repairs to existing pavement due to other causes will be paid for in accordance with pertinent items or under Force Account as directed by the Engineer.

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Special Provision to Item 3004 Diamond Grinding and Grooving Pavement

Special Specification 3004, “Diamond Grinding and Grooving Pavement,” is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed

Section 3004.3.1., “Grinding,” is supplemented by the following:

Diamond grinding work requests are made on a callout basis.

During staged construction, taper, over four (4) ft., the longitudinal vertical edges greater than ¾ in. (20 mm) produced by the removal process and left exposed to traffic.

Taper the transverse edges to produce a smooth longitudinal surface transition

Article 3004.3., “Construction,” is supplemented by the following:

3.6. Mobilization. Contractor will begin callout work within 14 days of notification, unless otherwise shown on the plans.

Section 3004.4.2., “Spot Diamond Grinding of Concrete Pavement,” is deleted and replaced by the following:

4.2. Spot Diamond Grinding of Concrete Pavement (Profile). Location and limits of spot diamond grinding of concrete pavement will be as determined by the Engineer. The minimum quantity per callout is fifteen (15) hours of diamond grinding unless otherwise shown on the plans. Work will be measured by the hour of diamond grinding work.

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Added page for double sided printing 254 6001

Special Specification 6001 Portable Changeable Message Sign

1. DESCRIPTION

Furnish, operate, and maintain portable trailer mounted changeable message sign (PCMS) units.

2. MATERIALS

Furnish new or used material in accordance with the requirements of this Item and the details shown on the plans. Provide a self-contained PCMS unit with the following:  Sign controller  Changeable Message Sign  Trailer  Power source

Paint the exterior surfaces of the power supply housing, supports, trailer, and sign with Federal Orange No. 22246 or Federal Yellow No. 13538 of Federal Standard 595C, except paint the sign face assembly flat black.

2.1. Sign Controller. Provide a controller with permanent storage of a minimum of 75 pre-programmed messages. Provide an external input device for random programming and storage of a minimum of 75 additional messages. Provide a controller capable of displaying up to 3 messages sequentially. Provide a controller with adjustable display rates. Enclose sign controller equipment in a lockable enclosure.

2.2. Changeable Message Sign. Provide a sign capable of being elevated to at least 7 ft. above the roadway surface from the bottom of the sign. Provide a sign capable of being rotated 360° and secured against movement in any position.

Provide a sign with 3 separate lines of text and 8 characters per line minimum. Provide a minimum 18 in. character height. Provide a 5 × 7 character pixel matrix. Provide a message legibility distance of 600 ft. for nighttime conditions and 800 ft. for normal daylight conditions. Provide for manual and automatic dimming light sources.

The following are descriptions for 3 screen types of PCMS:  Character Modular Matrix. This screen type comprises of character blocks.  Continuous Line Matrix. This screen type uses proportionally spaced fonts for each line of text.  Full Matrix. This screen type uses proportionally spaced fonts, varies the height of characters, and displays simple graphics on the entire sign.

2.3. Trailer. Provide a 2 wheel trailer with square top fenders, 4 leveling jacks, and trailer lights. Do not exceed an overall trailer width of 96 in. Shock mount the electronics and sign assembly.

2.4. Power Source. Provide a diesel generator, solar powered power source, or both. Provide a backup power source as necessary.

2.5. Cellular Telephone. When shown on the plans, provide a cellular telephone connection to communicate with the PCMS unit remotely.

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3. CONSTRUCTION

Place or relocate PCMS units as shown on the plans or as directed. The plans will show the number of PCMS units needed, for how many days, and for which construction phases.

Maintain the PCMS units in good working condition. Repair damaged or malfunctioning PCMS units as soon as possible. PCMS units will remain the property of the Contractor.

4. MEASUREMENT

This Item will be measured by each PCMS or by the day used. All PCMS units must be set up on a work area and operational before a calendar day can be considered measurable. When measurement by the day is specified, a day will be measured for each PCMS set up and operational on the worksite.

5. PAYMENT

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 “Portable Changeable Message Sign.” This price is full compensation for PCMS units; set up; relocating; removing; replacement parts; batteries (when required); fuel, oil, and oil filters (when required); cellular telephone charges (when required); software; and equipment, materials, tools, labor, and incidentals.

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Special Specification 6007 Intelligent Transportation System (ITS) Fiber Optic Cable

1. DESCRIPTION

Furnish, install, relocate and remove Intelligent Transportation System (ITS) fiber optic cable, fiber patch panels and splice enclosures as shown on the plans.

2. MATERIALS

2.1. General Requirements. Provide, assemble, fabricate and install materials that are new, corrosion resistant, and in accordance with the details shown on the plans and in these Specifications.

Furnish, install, splice, and test all new fiber optic cable. Provide all splicing kits, fiber optic cable caps, connectors, moisture or water sealants, terminators, splice trays, fiber optic jumpers, pig tails, fiber patch panels, fiber interconnect housing, and accessories necessary to complete the fiber optic network. Provide all equipment necessary for installation, splicing, and testing.

2.2. Cable Requirements. Furnish all-dielectric, dry-filled, gel-free, loose tube fiber optic cable, with low water peak, suitable for underground conduit environments or aerial applications.

Furnish self-supporting, all-dielectric, dry-filled, gel-free, loose tube fiber optic cable, with low water peak suitable for aerial applications when not lashing to strand cable.

All fiber optic cable furnished must have a design life of 20 yr. when installed to the manufacturer’s specifications.

Splice fiber optic cables in ground boxes, field cabinets, or buildings. Terminate fiber optic cables in field cabinets and buildings that comply with the details shown on the plans and in this Specification.

Provide all fiber optic cable from the same manufacturer and the manufacturer is International Organization for Standardization (ISO) 9001 certified. Ensure the cables meet or exceed United States Department of Agriculture Rural Utilities Service (RUS) CFR 1755.900, American National Standards Institute/Insulated Cable Engineers Association (ANSI/ICEA) S-87-640, and Telecommunications Industry Association/Electronic Industries Alliance (TIA/EIA)-492-CAAB standard.

2.3. Optical Requirements.

2.3.1. Optical Fiber. Provide ITU G.652 single mode fiber optic cable with a core diameter of 8.3 ± 0.7 microns and a cladding diameter of 125 ± 0.7 microns. Provide optical fiber made of glass consisting of a silica core surrounded by concentric silica cladding, free of imperfections and inclusions.

2.3.2. Core/Clad Concentricity. Provide an offset between the center of the core and cladding less than 0.5 microns.

2.3.3. Mode Field Diameter. Provide single mode fiber optic cable with the effective area or Mode Field Diameter of the fiber must be 9.2 ± 0.4 µm at 1310 nm and 10.5 ± 1.0 µm at 1550 nm.

2.3.4. Primary Coating. Provide fiber with a coating diameter of 250 ± 15 microns.

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2.3.5. Attenuation. Provide single mode fiber optic cable with nominal attenuation of 0.35 dB/km maximum at a wavelength of 1310 nm and nominal attenuation of 0.25 dB/km maximum at a wavelength of 1550 nm.

Attenuation at water peak must be less than 0.35 dB/km at 1383 nm.

2.3.6. Bandwidth and Dispersion. Provide single mode fiber optic cable with a maximum dispersion of:  3.2 ps/nm-km at a wavelength of 1310 nm, and  18 ps/nm-km at a wavelength of 1550 nm.

Zero dispersion wavelength must be between 1300 nm and 1324 nm and the zero dispersion slope at the zero dispersion wavelength must be less than 0.092 ps/(nm2 • km).

The cutoff wavelength must be less than 1260 nm for single mode fibers specified to operate at 1310 nm. The cutoff wavelength must be less than 1480 for single mode fibers specified to operate only at 1550 nm or higher.

The macrobend attenuation per 100 turns must not exceed 0.05 dB at 1310 nm and 1550 nm.

2.3.7. Mechanical Requirements(Tensile Strength). Provide a cable withstanding a pulling tension of 600 lbf without increasing attenuation by more than 0.8 dB/mi when installing in underground conduit systems in accordance with EIA-455-33A. Conduct an impact test in accordance with TIA/EIA-455-25C (FOTP-25) and a compression load test in accordance with TIA/EIA-455-41A (FOTP-41).

For all-dielectric self-supporting cable (ADSS) and other self-supporting cables, meet tensile strength requirements in accordance with Section 25, Loading of Grades B and C, of National Electric Safety Code (NESC), for the maximum span and sag information as shown in the plans for aerial construction.

2.3.8. Bend Radius. Provide a cable withstanding a minimum bending radius of 10 times its outer diameter during operation, and 20 times its outer diameter during installation, removal and reinstallation without changing optical fiber characteristics. Test the cable in accordance with EIA-455-33A.

2.3.9. Buffering. Use a buffering tube or jacket with an outer diameter of 1.0 to 3.0 mm containing 12 individual fiber strands. The fibers must not adhere to the inside of the buffer tube.

2.3.10. Color Coding. Provide fiber and buffer tubes with a color coating applied to it by the manufacturer. Coating must not affect the optical characteristics of the fiber. Provide color configuration in accordance with TIA/EIA- 598 as follows:  1. Blue  5. Slate  9. Yellow  2. Orange  6. White  10. Violet  3. Green  7. Red  11. Rose  4. Brown  8. Black  12. Aqua

3. EQUIPMENT

3.1. Cable Type. Provide cables with a reverse oscillation or planetary stranding structure.

Jacket construction and group configuration should separate at splice points to cut and splice 1 set of fibers while the others remain continuous. All cable jackets must have a ripcord to aid in the removal of the outer jacket. Submit cable designs for approval.

Strand loose buffer tubes around a dielectric central anti-buckling strength member. Provide dielectric aramid or fiber glass strength members with specified strength for the cable. Provide cable with a water-blocking material, which is non-hygroscopic, non-nutritive to fungus, non-conductive, non-toxic, and homogeneous. The water blocking material must comply with TIA/EIA-455-81B and 455-82B as well as TIA/EIA-455-98.

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Ensure a polyethylene inner jacket is applied over the cable core, and that the entire cable is enclosed with a polyethylene outer jacket. Ensure the outer jacket contains black carbon to provide UV protection for the cable. Ensure each cable is marked with the manufacturer’s name, the date of manufacture (month/year), the fiber count (example 48F SM), and sequential length markings at maximum 2 ft. increments, measured in U.S. units.

For aerial installation, provide standard fiber optic cable lashed to steel messenger cable or ADSS in accordance with the Institute of Electrical and Electronics Engineers (IEEE) 1222 Standard for Testing and Performance for All-Dielectric Self-Supporting (ADSS) Fiber Optic Cable for Use on Electric Utility Power Lines, or most current version. Provide ADSS cable in accordance with the maximum span distance, weather load rating, and allowable sag as shown on the plans. “Figure 8” self-supporting cable with integrated messenger cable within the outer jacket for aerial installation is acceptable.

3.1.1. Cable Size. Furnish cables with a maximum diameter not exceeding 19 mm.

3.1.2. Environmental Requirements. Provide cable that functions in a temperature range from -40°F to 158°F.

3.2. Fiber Optic Accessories.

3.2.1. Splice Enclosures. Furnish and install 1 of 3 types of underground splice enclosures at locations shown on the plans to accommodate the cables being spliced at that point. The types are as follows:  Type 1: 4 cable entry ports total – 2 ports to accommodate backbone fiber of up to 144 fibers and 2 ports for drop cables of up to 48 fibers,  Type 2: 6 cable entry ports total – 4 to accommodate backbone or arterial cables of up to 144 fibers and 2 ports for drop cables of up to 48 fibers, and  Type 3: 8 cable entry ports total – 4 to accommodate backbone or arterial cables of up to 144 fibers and 4 ports for drop cables of up to 48 fibers.

Provide the end cap of the canister splice closure with re-enterable quick-seal cable entry ports to accommodate additional branch cables or backbone cables. Provide fiber optic splice enclosures with strain relief, splice organizers, and splice trays from the same manufacturer as the splice enclosure. Select the appropriate splice enclosure type based on the number of splices called for in the plans. Suspend all splice closures off floor of the ground box and secure to cable rack assembly on side wall of ground box.

For end of reel splicing, use a fiber optic splice enclosure sized to accommodate full cable splice in one enclosure. Fiber optic splice enclosure must be of the same manufacturer as other supplied on a project. Splice enclosure and fusion splicing required for end of reel will be incidental to the fiber optic cable.

Comply with the Telcordia Technologies’ GR-711-CORE standard and all applicable NEC requirements.

Contain all optical fiber splices within a splice enclosure, providing storage for fiber splices, nonspliced fiber, and buffer tubes. Provide sufficient space inside the enclosure to prevent microbending of buffer tubes when coiled.

Ensure that the splice enclosure maintains the mechanical and environmental integrity of the fiber optic cable, encases the sheath opening in the cable, and organizes and stores optical fiber. Ensure all hinges and latching devices are stainless steel or of a non-corrosive material designed for harsh environments. Ensure that the enclosure is airtight and prevents water intrusion. Ensure that splice enclosures allow re-entry and are hermetically sealed to protect internal components from environmental hazards and foreign material such as moisture, dust, insects, and UV light.

3.2.2. Field Rack Mount Splice Enclosures. Provide a 19 in. EIA rack mounted splice enclosure module to hold spliced fibers as shown in the plans inside field equipment cabinets or buildings.

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Splice or terminate fibers inside rack mounted fiber optic splice enclosures. Provide an enclosed unit designed to house a minimum of 4 cables, sized to accommodate at a minimum the cables shown on the plans plus future expansion.

Provide splice enclosures containing mounting brackets with a minimum of 4 cable clamps. Install cable according to manufacturer recommendations for the cable distribution panel.

3.2.3. Fiber Patch Panels. Provide fiber patch panels that are compatible with the fiber optic cable being terminated and color coded to match the optical fiber color scheme. Coil and protect a maintenance loop of at least 5 ft. of buffer tube inside the rack mount enclosure, patch panel, or splice tray. Allow for future splices in the event of a damaged splice or pigtail.

3.2.3.1. Cabinet. Terminate or splice fibers inside the compact and modular fiber patch panel in the cabinet. Provide fiber patch panel for installation inside a 19 in. EIA rack and sized appropriately to accommodate the fiber terminations shown on the plans or as directed by the Engineer. Provide each patch panel housing with pre- assembled compact modular snap-in simplex connector panel modules, each module having a minimum of 6 fiber termination/connection capabilities. Provide modules with a removable cover having 6 pre- connectorized fiber pigtails, interconnection sleeves, and dust caps installed by the manufacturer. Provide a 12 fiber or greater fusion splice tray capability housing, each tray holding 12 fusion splices as shown in the plans. Stack splice trays on a rack to permit access to individual trays without disturbing other trays. Locate splice trays in a rack within a pull-out shelf. Protect the housing with doors capable of pivoting up or down. Document the function of each terminated/spliced fiber, along with the designation of each connector on labels or charts located either on the inside or outside of the housing door. Provide labels or charts that are UV resistant design for harsh environments and used inside field equipment cabinets. Use permanent marker or method of identification that will withstand harsh environments. Provide each housing with strain relief. Terminate single mode fiber optic cable with SC connectors to the patch panels, unless otherwise shown on the plans.

Install the fiber patch panel as an integral unit as shown on the plans.

3.2.3.2. Building. Provide a fiber patch panel with a modular design allowing interchangeability of connector panel module housing and splice housing within the rack, as shown on the plans.

Provide the number of single mode fibers, connector panel module housings, and splice housings for the patch panel unit in the building as shown on the plans.

Provide a fiber patch panel unit, installed at a height less than 7 ft., capable of housing 8 connector panel module housings or 8 splice housings. Protect the housing with doors capable of pivoting up or down and sliding into the unit.

Provide 12 snap-in simplex connector panel modules with each connector panel module housing, each module having 6 fiber termination/connector capabilities. Use a pre-assembled compact modular unit with a removable cover for the snap-in simplex connector panel module having 6 pre-connectorized fiber pigtails, interconnection sleeves, and dust caps installed by the manufacturer. Provide each connector panel module housing with a jumper routing shelf, storing up to 5 ft. (minimum) of cable slack for each termination within the housing. Provide the fiber distribution unit with strain relief.

Provide splice enclosure with 24 fusion splice tray capabilities, each splice tray holding 12 or more fusion splices. Stack splice trays on a rack to permit access to individual trays without disturbing other trays. Locate the rack on a pull-out shelf.

Document the function of each terminated/spliced fiber, along with the designation of each connector on labels or charts located either on the inside or outside of the housing door. Provide labels or charts that are UV resistant design for harsh environments and used inside field equipment cabinets. Use permanent marker or method of identification that will withstand harsh environments. Also provide documentation of the function of each terminated or spliced fiber along with the designation of each connector on charts or

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diagrams matching the fiber patch panel configuration and locate inside cabinet document drawer. Provide documentation at the conclusion of fiber terminations and splicing.

Allow terminations only in the fiber interconnect housings placed in the cabinets as shown on the plans or as directed.

3.2.4. Splice Trays. Use splice tray and fan-out tubing kit for handling each fiber. Provide a splice tray and 12 fiber fan-out tubing with each housing for use with the 250 microns coated fiber. The fan-out will occur within the splice tray (no splicing of the fiber required). Allow each tube to fan out each fiber for ease of connectorization. Label all fibers in splice tray on a log sheet securing it to the inside or outside of the splice tray. Provide UV resistant log sheet suitable for harsh environments, located inside field cabinets or splice enclosures. Provide fan-out tubing with 3 layers of protection consisting of fluoropolymer inner tube, a dielectric strength member, and a 2.9 mm minimum outer protective PVC orange jacketing.

3.2.5. Jumpers. Provide fiber optic jumper cables to cross connect the fiber patch panel to the fiber optic transmission equipment as shown on the plans or as directed. Match the core size, type, and attenuation from the cable to the simplex jumper. Use yellow jumpers and provide strain relief on the connectors. Provide fiber with a 900 micron polymer buffer, Kevlar strength member, and a PVC jacket with a maximum outer jacket of 2.4 mm in diameter.

Provide 5 ft. long jumpers, unless otherwise shown on the plans. On the patch panel end of each jumper, provide an SC connector. On the opposite end of the jumper, provide a connector that is suitable to be connected to the fiber optic transmission equipment selected. When providing jumpers for existing equipment, provide connectors suitable to be connected to patch panels and fiber optic transmission equipment in use. All jumpers must have factory terminated connectors. Field terminations of connectors is prohibited.

3.2.6. Fiber Optic Cable Storage Device. Furnish fiber optic cable storage device designed to store slack fiber optic cable by means of looping back from device to device on an aerial run. Furnish storage devices that are non-conductive and resistant to fading when exposed to UV sources and changes in weather. Ensure storage devices have a captive design such that fiber-optic cable will be supported when installed in the aerial rack apparatus and the minimum bending radius will not be violated. Provide stainless steel attachment hardware for securing storage devices to messenger cable and black UV resistant tie-wraps for securing fiber-optic cable to storage device. Provide tie-wraps that do not damage fiber when securing to storage device. Ensure storage devices are stackable so multiple cable configurations are possible. Ensure cable storage devices furnished are compatible with the type of aerial cable furnished and installed. Aerial cable storage devices will be considered incidental to the installation of the fiber optic cable.

4. CONSTRUCTION

Install fiber optic cable in accordance with United States Department of Agriculture Rural Utilities Service CFR 1755.900 specifications for underground and aerial plant construction without changing the optical and mechanical characteristics of the cables.

Utilize available machinery, jacking equipment, cable pulling machinery with appropriate tension monitors, splicing and testing equipment, and other miscellaneous tools to install cable, splice fibers, attach connectors and mount hardware in cabinets employed with the above “Mechanical Requirements.” Do not jerk the cable during installation. Adhere to the maximum pulling tensions of 600 lbf and bending radius of 20 times the cable diameter or as specified by the manufacturer, whichever is greater.

Use installation techniques and fixtures that provide for ease of maintenance and easy access to all components for testing and measurements. Take all precautions necessary to ensure the cable is not damaged during transport, storage, or installation. Protect as necessary the cables to prevent damage if being pulled over or around obstructions along the ground.

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Where plans call for removal of existing cable to salvage or reuse elsewhere, take care to prevent damaging the existing cable during removal adhering to all of the requirements for installation that pertain to removal.

4.1. Packaging, Shipping, and Receiving. Ensure the completed cable is packaged for shipment on reels. Ensure the cable is wrapped in weather and temperature resistant covering. Ensure both ends of the cable are sealed to prevent the ingress of moisture.

Securely fasten each end of the cable to the reel to prevent the cable from coming loose during transit. Provide 6 ft. of accessible cable length on each end of the cable for testing. Ensure that the complete outer jacket marking is visible on these 6 ft. of cable length. Provide each cable reel with a durable weatherproof label or tag showing the Manufacturer’s name, the cable type, the actual length of cable on the reel, the Contractor’s name, the contract number, and the reel number. Include a shipping record in a weatherproof envelope showing the above information and also include the date of manufacture, cable characteristics (size, attenuation, bandwidth, etc.), factory test results, cable identification number and any other pertinent information. Ensure that all cable delivered has been manufactured within 6 mo. of the delivery date. Ensure that the minimum hub diameter of the reel is at least 30 times the diameter of the cable. Provide the cable in one continuous length per reel with no factory splices in the fiber. Provide a copy of the transmission loss test results as required by the TIA/EIA-455-61 standard, as well as results from factory tests performed prior to shipping.

4.2. Installation in Conduit. Install fiber optic cable in conduits in a method that does not alter the optical properties of the cable. If required, relocate existing cable to allow new fiber optic cable routing in conduits.

When pulling the cable, do not exceed the installation bending radius. Use rollers, wheels, or guides that have radii greater than the bending radius. Use a lubricating compound to minimize friction. Use fuse links and breaks to ensure that the cable tensile strength is not exceeded. Measure the pulling tension with a mechanical device and mechanism to ensure the maximum allowable pulling tension of 600 lbf is not exceeded at any time during installation.

Provide a single 1/C #14 XHHW insulated tracer wire in conduit runs where fiber optic cable is installed. Provide cable that is UL listed solid copper wire with orange color low density polyethylene insulation suitable for conduit installation and with a voltage rating of 600V. When more than one fiber optic cable is installed through a conduit run, only one tracer wire is required. Fuse or join tracer wires used in backbone, arterial, and drop runs, so that you have one continuous tracer wire. Terminate tracer wire at fiber optic test markers or equipment cabinets as identified in the plans for access to conduct a continuity test. Tracer wire will be paid for under Item 620, “Electrical Conductors.”

Provide flat pull cord with a minimum tensile strength of 1,250 lb. in each conduit containing fiber optic cable. A traceable pull cord, with a metallic conducting material integral to the pull cord, may be substituted for a 1/C #14 tracer wire only with approval from the Department.

Seal conduit ends with a 2 part urethane after installation of fiber optic cable.

4.3. Cable Installation between Pull Boxes and Cabinets or Buildings. Do not break or splice a second fiber optic cable to complete a run when pulling the cable from the nearest ground box to a cabinet or building. Pull sufficient length of cable in the ground box to reach the designated cabinet or building. Pull the cable through the cabinet to coil, splice, or terminate the cable in the cabinet or building. Do not bend the cable beyond its minimum bend radius of 20 times the diameter.

Coil and tie cable inside cabinet, building, or boxes for future splicing or termination as shown in the plans. Cut off and remove the first 10 ft. of pulled or blown fiber stored. This work is incidental to this Item. Coat the open end of the coiled cable with protective coating and provide a dust cap.

4.4. Aerial Installation. Use pole attachment hardware and roller guides with safety clips to install aerial run cable. Maintain maximum allowable pulling tension of 600 lb. ft. during the pulling process for aerial run cable by using a mechanical device. Do not allow cable to contact the ground or other obstructions between poles during installation. Do not use a motorized vehicle to generate cable pulling forces. Use a cable suspension

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clamp when attaching cable tangent to a pole. Select and place cable blocks and corner blocks so as not to exceed the cable’s minimum bending radius. Do not pull cable across cable hangers. Store 100 ft. of fiber- optic cable slack, for future use, on all cable runs that are continuous without splices or where specified on the plans. Store spare fiber optic cable on fiber-optic cable storage racks of the type compatible with the aerial cable furnished. Locate spare cable storage in the middle of spans between termination points. Do not store spare fiber-optic cable over roadways, driveways or railroads.

Install standard cable on timber poles by lashing to steel messenger cable. Provide steel messenger cable in accordance with Item 625, “Zinc Coated Steel Wire Strand.” Install all-dielectric self-supporting cable (ADSS) cable on timber poles using clinching clamp with cable hanger. Install aerial run cable in accordance with these specifications and as shown on the plans.

Locate aerial fiber in accordance with the NESC, Section 23, with respect to vertical clearances over the ground, between conductors carried on different supporting structures, and required separation distance of the cable from bridges, buildings, and other structures.

4.5. Blowing Fiber Installation. Use either the high-air speed blowing (HASB) method or the piston method. When using the HASB method, ensure that the volume of air passing through the conduit does not exceed 600 cu. ft. per min.or the conduit manufacturer’s recommended air volume, whichever is more restrictive. When using the piston method, ensure that the volume of air passing through the conduit does not exceed 300 cu. ft. per min.or the conduit manufacturer’s recommended air volume, whichever is more restrictive.

4.6. Slack Cable. Pull and store excess cable slack inside ITS ground boxes as shown on the plans. The following are minimum required lengths of slack cable, unless otherwise directed:  ground boxes (No Splice) - 25 ft.,  ground boxes (With Splice) - 100 ft.,  future splice point - 100 ft., and  cabinets - 25 ft.

Note that the slack is to be equally distributed on either side of the splice enclosure and secured to cable storage racks within the ground boxes.

Provide proper storage of slack cable, both long term and short term. Neatly bind cables to be spliced together from conduit to splice enclosure with tape. Do not over bind by pinching cable or fiber. Ground and bond the armor when installing armored fiber optic cable. Meet NEC and NESC requirements for grounding and bonding when using armored cable.

4.7. Removal, Relocation and Reinstallation of Fiber Optic Cable. Remove fiber optic cable from conduit as shown on plans. Use care in removing existing fiber optic cables so as not to damage them. Provide cable removal and reinstallation procedures that meet the minimum bending radius and tensile loading requirements during removal and reinstallation so that optical and mechanical characteristics of the existing cables are not degraded. Use entry guide chutes to guide the cable out of and in to existing or proposed conduit, utilizing lubricating compound where possible to minimize cable-to-conduit friction. Use corner rollers (wheels) with a radius not less than the minimum installation bending radius of cable. Dispose of removed fiber optic cable unless plans show for it to be re-used (relocated/re-installed) or salvaged and delivered to the Department. See plans for details. Test each optical fiber in the cable for performance and for loss at existing terminations or splices prior to cutting and removal. Retest following removal and following re- installation to ensure the removal and reinstallation has not affected the optical properties of the cable. Any fiber optic cable damaged by the contractor that is to be re-used shall be replaced by the contractor at no cost to the Department with new fiber optic cable meeting the approval of the Engineer. The Engineer reserves the right to reject the fiber based on the test results.

Maintain the integrity of existing cables, conduit, junction boxes and ground boxes contiguous to the section of cables to be removed. Replace or repair any cables, conduit, junction boxes or ground boxes damaged during work at the Contractor’s expense. The replacement or repair method must be approved by the Engineer, prior to implementation.

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4.8. Splicing Requirements. Fusion splice fibers as shown on the plans, in accordance with TIA/EIA-568 and TIA/EIA-758.

Use fusion splicing equipment recommended by the cable manufacturer. Clean, calibrate, and adjust the fusion splicing equipment at the start of each shift. Use splice enclosures, organizers, cable end preparation tools, and procedures compatible with the cable furnished. Employ local injection and detection techniques and auto fusion time control power monitoring to ensure proper alignment during fusion splicing.

When approaching end of shift or end of day, complete all splicing at the location. Package each spliced fiber in a protective sleeve or housing. Re-coat bare fiber with a protective 8 RTV, gel or similar substance, prior to application of the sleeve or housing.

Perform splices with losses no greater than 0.10 dB. Use an Optical Time Domain Reflectometer (OTDR) to test splices in accordance with Section 4.13.1.1. Record splice losses on a tabular form and submit for approval.

4.9. Termination Requirements. Provide matching connectors with 900 micron buffer fiber pigtails of sufficient length and splice the corresponding optical fibers in cabinets where the optical fibers are to be connected to terminal equipment. Buffer, strengthen, and protect pre-terminated fiber assemblies (pigtails) with dielectric aramid yarn and outer PVC jacket to reduce mishandling that can damage the fiber or connection. Pigtails must be duplex stranding with a yellow PVC outer jacket. Fiber optic pigtails must be factory terminated with SC connectors, unless otherwise shown on the plans. When providing pigtails for existing equipment, provide connectors suitable to be connected to patch panels and fiber optic transmission equipment in use.

Connectors must meet the TIA/EIA-568 and TIA/EIA-758 standards and be tested in accordance to the Telcordia/Bellcore GR-326-CORE standard. When tested according to TIA/EIA-455-171 (FOTP-171), ensure that the connectors test to an average insertion loss of less than or equal to 0.4 dB and a maximum loss of less than or equal to 0.75 dB for any mated connector. Maintain this loss characteristic for a minimum of 500 disconnections and reconnections with periodic cleanings per EIA-455-21A (FOTP-21). Qualify and accept connectors by the connector-to-connector mating using similar fibers. Ensure that the connector operating range is -40ºF to 167ºF. Provide connectors with a yellow color body or boot.

Test connections at the patch panel and splices made between cables to pigtails with the OTDR to verify acceptable losses.

Remove 5 ft. of unused optical fibers at the ends of the system from the buffer tube(s) and place coiled fibers into a splice tray. Clean the water blocking compound from all optical fibers destined for splice tray usage.

Install cable tags at all splice points identifying key features of each cable such as cable name or origin and destination and fiber count. Ensure tags are self-laminating or water resistant. Print the information onto the tags electronically or write neatly using a permanent marker. Locate tags just prior to entrance into splice enclosure.

4.10. Mechanical Components. Provide stainless steel external screws, nuts and locking washers. Do not use self-tapping screws unless approved. Provide corrosion resistant material parts and materials resistant to fungus growth and moisture deterioration.

4.11. Experience Requirements.

4.11.1. Installing Fiber Optic Cable. The Contractor or designated subcontractor involved in the installation of the fiber optic cable must meet the experience requirements in accordance with the following:  minimum of 3 yr. of continuous existence offering services in the installation of fiber optic cable through an outdoor conduit system or aerial and terminating in ground boxes, field cabinets or enclosures or buildings, and

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 completed a minimum of 3 projects where the personnel pulled a minimum of 5 mi. in length of fiber optic cable through an outdoor conduit system of aerial for each project. The completed fiber optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr.

4.11.2. Splicing and Testing of Fiber Optic Cable. The Contractor or designated subcontractor involved in the splicing and testing of fiber optic cable must meet the experience requirements in accordance with the following:

4.11.2.1. Minimum Experience. 3 yr. continuous existence offering services in the fields of fusion splicing and testing of fiber optic cable installed through a conduit system and terminating in ground boxes, field cabinets or enclosures or buildings. Experience must include all of the following:  termination of a minimum of 48 fibers within a fiber distribution frame,  OTDR testing and measurement of end to end attenuation of single mode and multimode fibers,  system troubleshooting and maintenance,  training of personnel in system maintenance,  use of water-tight splice enclosures, and  fusion splicing of fiber optic cable which meet the tolerable decibel (dB) losses within the range of 0.05 dB – 0.10 dB for single mode.

4.11.2.2. Completed Projects. A minimum of 3 completed projects where the personnel performed fiber optic cable splicing and terminations, system testing, system troubleshooting and maintenance during the course of the project and provided training on system maintenance. Each project must have consisted of a minimum 5 mi. of fiber optic cable installed, measured by project length not linear feet of fiber installed. The completed fiber optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr.

4.12. Documentation Requirements. Provide a minimum of 2 complete sets of fiber optic equipment submittal literature documenting compliance with the requirements of this Item including operation and maintenance manuals in hard copy format, bound, as well as an electronic version in Adobe PDF format on a CD/DVD or removable flash drive that includes the following:  fiber optic cable literature consisting of manufacturer specification and cut sheets,  fiber optic equipment literature consisting of manufacturer specification and cut sheets for splice enclosures, patch panels, splice trays, jumpers, cable storage devices, and fiber optic labeling devices,  complete factory performance data documenting conformance with the performance and testing standards referenced in this Item, including pre-installation test results of the cable system,  installation, splicing, terminating and testing plan and procedures,  documentation of final terminated or spliced fibers, function, and equipment designation,  OTDR calibration certificate,  post-installation, post termination, subsystem, and final end-to-end test results,  loss budget calculation and documentation,  complete parts list including names of vendors,  complete maintenance and trouble-shooting procedures, and  proof of minimum experience and completed projects.

4.12.1. Installation Practice. Submit for approval electronic copy of the Contractors Installation Practices 30 working days prior to installation. Submit installation practices and procedures and a list of installation, splicing and test equipment used. Provide detailed field quality control procedures and corrective action procedures.

4.12.2. Manufacturer’s Certification. Accompany each reel of fiber optic cable with the manufacturer’s test data showing the conformance to the requirements in this Item.

4.12.3. Test Procedures. Submit test procedures and data forms for the pre-installation, post-installation, subsystem, final end to end test, and loss budget calculations for approval. Test procedures will require

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approval before performing tests. Submit 1 copy data forms containing data and quantitative results, as well as an authorized signature. Submit a copy of the OTDR results as a hard copy or electronic copy in PDF format including all OTDR traces and clearly identifying each event (fusion splice, jumper, connector, etc.) with the measured loss identified.

4.13. Testing. Perform tests in accordance with testing requirements in this Item, USDA RUS CFR 1755.900, and TIA/EIA-455-61 test specifications. For all tests, provide test forms to be used that compare measured results with threshold values.

4.13.1. Test Methods.

4.13.1.1. Optical Time Domain Reflectometer (OTDR) Tests. Use the OTDR to measure fiber optic cable for overall attenuation (signal loss dB/km), fiber cable length, and identify fiber optic cable anomalies such as breaks. Perform the following 4 OTDR tests:  pre-Installation test (Acceptance test),  post installation test,  post termination test, and  final end to end test.

OTDR Settings:  generate a file name for each OTDR scan. The file name must indicate the location or direction the test was run from, as well as the fiber number being tested,  set the “A” cursor at the beginning of the fiber trace and set the “B” cursor at the end of the fiber trace. The distance to cursor “B” indicates the length of the fiber cable segment being measured,  match the index of refraction to the index of the factory report,  set the loss indicator to dB/km for the acceptance test,  the reflectance is automatically set internally by the OTDR,  set the pulse width at a medium range. Change the pulse width to a slow pulse width when an anomaly occurs on the fiber trace so that it can be examined closely,  set the average at medium speed. Change the average to slow when an anomaly appears on the fiber trace to allow for closer examination of the anomaly, and  set wavelength at 2 windows for single mode cable: 1310 nm and 1550 nm.

Provide the current OTDR calibration certificate for the device used, showing the unit has been calibrated within the last year. Show all settings on test result fiber scans.

4.13.1.2. Pre-installation Tests. Test and record the fiber optic cable at the site storage area prior to installation.

Conduct bi-directional OTDR tests for each fiber strand. Test each optical fiber in the cable from one end with an OTDR compatible with wavelength and fiber type. Check testing for length, point discontinuity, and approximate attenuation. Record each measurement by color, location, and type of fiber measured. Perform a measurement from the opposite end of that fiber in case a measurement cannot be made from one end. Wait for notification if loss per kilometer exceeds manufacturer’s test data by more than 0.5 dB/km or point discontinuity greater than 0.05 dB.

Perform this test within 5 days from receipt of the fiber optic cable. Test overall attenuation (dB/km), total cable length, anomalies, and cable problems. Test cable at both wavelengths (1310 nm and 1550 nm for single mode cable). Verify that the cable markings on the outer jacket are within 1% of the total cable length.

Compare factory test results with test results and return to manufacturer if test results are not identical to factory test results. If identical, document the test results. Deliver documentation for future reference.

4.13.1.3. Post-installation Tests. Re-test and re-record each optical fiber in the cable after installation, before termination, for loss characteristics. Test both directions of operations of the fiber.

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Immediately perform the post installation test after the fiber optic cable has been installed. Test cable for overall attenuation, cable segment length, and evidence of damage or microbend with the OTDR. Replace any cable segment that is damaged during the test and document test results. Submit test results for approval.

Use the same OTDR settings for Post-Installation Tests as the Pre-Installation Tests.

4.13.1.4. Post Termination Tests. Perform the post termination test after the cable is terminated or spliced, including termination of fiber cable to fiber cable or fiber cable to fiber pigtail and fiber cable to patch panels. Check attenuation, fusion or termination point problems, and overall fiber cable segment. Determine if the attenuation and quality of the termination complies with these Specifications; if not, re-terminate the fiber and re-test until the Specification requirements are met. Test the fiber segment for attenuation and anomalies after termination acceptance. Document and submit test results after fiber segment acceptance.

4.13.1.5. Subsystem Tests. Perform network subsystem tests after integration to the fiber optic network. Test the capability of the fiber optic cable to transmit video and digital information from node to node. A node is defined as a communication cabinet, hub cabinet, surveillance cabinet, or hub building where network hub switches are located. Complete and submit approved data forms for approval.

Correct and substitute components in the subsystem if the subsystem tests fail and repeat the tests. Components may include: cable, jumper, patch panel module, or connector.

Prepare and submit a report if a component was modified as result of the subsystem test failure. Describe in the report the failure and action taken to remedy the situation.

4.13.1.6. Final End-to-End Test. Perform final end to end Test after fiber cable segments of the system are terminated using the OTDR and an optical Power Meter and Light Source (PMLS).

Perform the Part 1 of the final end to end test using OTDR:  measure the overall fiber cable system length,  measure the overall system attenuation, and  check for anomalies.

Perform the Part 2 of the final end to end test using a PMLS:  measure the absolute power of the fiber optic signal across all links, and  check for anomalies.

Document and submit results after test acceptance.

4.13.2. Loss Budget Calculation and Documentation. Calculate the total loss budget of the system according to the following calculations and compare the actual loss in each segment of the system to the calculated budget. Submit the results for each section of fiber optic cable in tabular format reporting if the total loss is within the limits of these Specifications by noting “pass” or “fail” for each segment of fiber. A segment of fiber is defined as one that terminates at each end. Use the following calculations to determine the loss budget for each segment:  splice loss budget = number of splices x 0.1 dB/splice,  connector loss budget = number of connectors x 0.75 dB/connector,  length loss budget = length of fiber optic cable (measured by OTDR) x 0.35 dB/km for 1310 nm wavelength or 0.25 dB/km for 1550 nm wavelength, and  total Loss Budget = splice loss budget + connector loss budget + length loss budget.

Provide loss budget calculation equations on test form to be submitted as part of the documentation requirements. Provide threshold calculations described above along with measured results.

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4.14. Training. Conduct a BISCI or IMSA certified training class (minimum of 16 hr.) for up to 10 representatives designated by the Department on procedures of installation, operations, testing, maintenance 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 Include the following training material:  NESC, NEC, and ANSI/TIA 590 code compliance,  fiber optic cable pulling and installation techniques,  use of installation tools,  splicing and terminating equipment and test instruments,  trouble shooting procedures, and  methods of recording installation and test data.

4.15. Warranty. Provide a warranty for all materials furnished in this Item. Ensure that the fiber optic cable, the splice enclosures, splice centers, and cable markers have a minimum of a 2 yr. manufacturer’s warranty and that 95% of that warranty remains at the date of final acceptance by the Engineer. If the manufacturer’s warranties for the components are for a longer period, those longer period warranties will apply. Guarantee that the materials and equipment furnished and installed for this project performs according to the manufacturer’s specifications.

Ensure that the manufacturer’s warranties for off-the-shelf equipment consisting of splice enclosures, splice trays, connectors, fiber jumper cables, and fiber patch panels are fully transferable from the Contractor to the Department. Ensure that these warranties require the manufacturer to furnish replacements for any off-the- shelf part or equipment found to be defective during the warranty period at no cost to the Department within 10 calendar days of notification by the Department.

Ensure that the manufacturer’s warranty for fiber optic cable is fully transferable from the Contractor to the Department. Ensure that the warranty requires the manufacturer to furnish replacement fiber optic cable found to be defective during the warranty period at no cost to the Department within 45 calendar days of notification by the Department.

5. MEASUREMENT

Fiber optic cable installed, relocated and removed will be measured by the linear foot. Fiber optic splice enclosures, rack mounted splice enclosures and fiber optic patch panels will be measured by each unit installed. Splicing of Fiber Optic Cables will be measured by each fusion splice performed.

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 price bid for “Fiber Optic Cable” of the various types, and number of fibers specified. This price is full compensation for furnishing and installing all cable; for pulling through conduit or duct; aerial installation; terminating; testing; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals.

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 “Fiber Optic Splice Enclosure” of the various types and “Rack Mounted Splice Enclosure.” This price is full compensation for furnishing and installing all enclosures whether aerial, underground, in cabinet or in building; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals.

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 “Fiber Optic Fusion Splice” for each fusion splice

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shown on the plans and performed. This price is full compensation for splicing; testing; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals.

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 “Fiber Patch Panel” of the various types and sizes specified. This price is full compensation for furnishing and installing all patch panels and terminating fibers on the panel as shown on the plans; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals.

Conduit will be paid for under Item 618, “Conduit” and Special Specification 6016, “ITS Multi-Duct Conduit.”

Electrical conductors will be paid for under Item 620, “Electrical Conductors.”

6.2. 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 “Fiber Optic Cable (Install Only)” of the various types, and number of fibers specified. This price is full compensation for installing fiber optic cable furnished by the Department; for pulling through conduit or duct; aerial installation; terminating; testing; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals.

Conduit will be paid for under Item 618, “Conduit” and Special Specification 6016, “ITS Multi-Duct Conduit.”

Electrical conductors will be paid for under Item 620, “Electrical Conductors.”

6.3. Relocate. 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 “Relocate Fiber Optic Cable.” This price is full compensation for relocating all cable, regardless of cable size; for pulling through conduit or duct; aerial installation; terminating; testing; and for materials, equipment, labor, tools, documentation, and incidentals.

6.4. Remove. 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 “Remove Fiber Optic Cable”. This price is full compensation for removing all cable for salvage, regardless of cable size; testing; returning to the Department; and for materials, equipment, labor, tools, documentation, and incidentals.

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270 6019

Special Specification 6019 Longitudinal Prefabricated Pavement Markings (PPM) with Warranty

1. DESCRIPTION

Furnish and place longitudinal PPM as shown on the plans. Provide a manufacturer’s warranty bond for a 6 year period. The Department will allow a Contractor provided warranty bond instead of the manufacturer’s bond if all conditions of the manufacturer’s warranty, including the requirements of this Item, are met. In such case, the Contractor is responsible for meeting the warranty requirements. Use the form provided by the Department. The Department will allow substitution of a contractor’s bond with a manufacturer’s bond after execution of the Contract before final acceptance.

2. MATERIALS

Use pavement markings that meet the requirements of Type B in DMS-8240, "Permanent Prefabricated Pavement Markings,” and that are shown on the Department’s MPL.

3. EQUIPMENT

Provide equipment as required or directed according to the following: (The provider of the warranty bond is responsible for providing equipment during the warranty period unless otherwise shown on the plans.)

3.1. Preparation and Application. Use equipment designed for the pavement preparation and application of the type of PPM material selected.

3.2. Colorimeter. Provide a colorimeter using 45°/0° geometry CIE, D65 Illuminant, 2° standard observation angle meeting the requirements of ASTM E1347, E1348, or E1349.

3.3. Retroreflectometer. Unless otherwise shown on the plans, provide a portable or mobile retroreflectometer meeting the following requirements.

3.3.1. Portable Retroreflectometer. Provide a portable retroreflectometer that meets the requirements of ASTM E1710.

3.3.2. Mobile Retroreflectometer. Provide a mobile retroreflectometer that:  is approved by the Construction Division (CST) and certified by the Texas Transportation Institute Mobile Retroreflectometer Certification Program for project evaluation of retroreflectivity  is calibrated daily, before measuring retroreflectivity on any pavement stripe, with a portable retroreflectometer meeting the following requirements: ASTM E1710, entrance angle of 88.76°, observation angle of 1.05°, and an accuracy of ±15%; and  requires no traffic control when retroreflectivity measurements are taken and is capable of taking continuous readings at or near posted speeds

Furnish mobile retroreflectivity measurements in compliance with Special Specification, “Mobile Retroreflectivity Data Collection for Pavement Markings,” unless otherwise approved by the Engineer. The Engineer may require an occasional field comparison check with a portable retroreflectometer meeting the requirements listed above to ensure accuracy.

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4. CONSTRUCTION

4.1. General. Prepare the pavement surface using controlled techniques that minimize pavement damage and hazards to the traveling public. Apply the PPM materials according to the manufacturer’s recommendations, using widths, colors, and shapes at locations as shown on the plans.

Obtain approval for the sequence of work and estimated daily production. Use traffic control as shown on the plans or as approved. Establish guides to mark the lateral location of pavement markings as shown on the plans or as directed, and have guide locations verified. Use material for guides that will not leave a permanent mark on the roadway. Apply markings in alignment with the guides and without deviating for the alignment more than 1 in. per 200 ft. of roadway or more than 2 in. maximum. Remove all applied markings that are not in alignment or sequence as stated in the plans or as stated in the specifications at the Contractor’s expense and in accordance with Item 677, “Eliminating Existing Pavement Markings and Markers,” except for measurement and payment.

4.2. Initial Performance Requirements. Meet Article 5, “Performance Requirements” initially, after installation.

The Engineer will conduct visual performance evaluations of PPM. For markings that do not meet the Engineer’s visual performance evaluation, the Contractor may present test results for color (using a colorimeter), retroreflectivity (using a retroreflectometer in accordance with this Item), and durability (in accordance with ASTM D913) for the Engineer’s use in making acceptance or rejection decisions.

For PPM not meeting performance requirements, repair or replace until reevaluation shows the PPM meet the performance requirements as approved by the Engineer.

4.3. Written Acceptance. The Department will provide written acceptance after the Contractor meets the initial performance requirements. This written acceptance (see attached sample form) will include the date, location, length, and type of PPM.

5. PERFORMANCE REQUIREMENTS

5.1. Color. Provide PPM consisting of pigments blended to provide color conforming to highway colors as shown in Table 1. Table 1 Color Requirements Chromaticity Coordinates Brightness Federal 595 Color 1 2 3 4 (Y) x y x y X y x y White 17855 .290 .315 .310 .295 .350 .340 .330 .360 60 Min Yellow 33538 .470 .455 .510 .489 .490 .432 .537 .462 30 Min Black 5 Max

5.2. Retroreflectivity. Provide PPM for longitudinal markings meeting the minimum retroreflectivity values listed in Table 2. Table 2 Minimum Retroreflectivity Requirements Retroreflectivity, Color mcd/m2/lx, Min White 120 Yellow 120

5.3. Durability. Provide PPM that do not lose more than 5% of the striping material in a 1,000-ft. section of continuous stripe or broken stripe (25 broken stripes). Pavement markings must remain in the proper alignment and location.

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5.4. Performance Evaluation Procedures. Provide traffic control and conduct evaluations of color, retroreflectivity, and durability as required or directed.

5.4.1. Color. Measure color using 45°/0° geometry CIE, D65 Illuminant, 2° standard observation angle in accordance with ASTM E 1347, E 1348, or E 1349.

5.4.2. Retroreflectivity. Unless otherwise shown on the plans, conduct retroreflectivity evaluations of pavement markings with either a portable or mobile retroreflectometer. Make all measurements in the direction of traffic flow, except for broken centerline on 2-way roadways, where measurements will be made in both directions.

If using a portable retroreflectometer, take a minimum of 1 measurement every mile on each series of markings (i.e., edgeline, center skipline, each line of a double line, etc.), at locations approved by the Engineer. If more than 1 measurement is taken, average the measurements. For all markings measured in both directions, take a minimum of 1 measurement in each direction. If the measurement taken on a specific series of markings within each mile segment falls below the minimum retroreflectivity values, take a minimum of 5 more measurements at locations determined by the Engineer within that mile segment for that series of marking. If the average of these 5 measurements falls below the minimum retroreflectivity requirements, that mile segment of the applied markings does not meet the performance requirement.

If using a mobile retroreflectometer, review the results to determine deficient sections and deficient areas of interest. These areas do not meet the performance requirements.

5.4.3. Durability. Measure durability in accordance with ASTM D913 for marking material loss and visual inspection for alignment and location. Conduct evaluations at locations approved by the Engineer.

6. WARRANTY REQUIREMENTS

Each warranty period is for 6 yr. and starts the day after written acceptance.

The marking warrantor is responsible for meeting Article 5, “Performance Requirements,” for the duration of the warranty period.

During the warranty period, the Engineer will conduct periodic visual performance evaluations of PPM. For retroreflectivity the Engineer will use Tex-828-B, “Determining Functional Characteristics of Pavement Markings.” The warrantor may be present during these evaluations. For areas, which, in the opinion of the Engineer, have a questionable visual evaluation, the warrantor may replace the PPM or may conduct a performance evaluation for the performance requirement in question, according to Section 5.4., “Performance Evaluation Procedures.” Conduct retroreflectivity evaluations according to Section 5.4.2., “Retroreflectivity,” using either portable or mobile retroreflectometer unless otherwise shown on the plans. The warrantor is responsible for traffic control when conducting performance evaluations.

The warrantor will replace PPM that fails to meet the color, retroreflectivity, or durability performance requirements during the warranty period. Replace PPM that fails to meet the performance requirements within 30 days of notification.

All replacement PPM must meet the materials and performance requirements of this specification, under the following conditions to complete the warranty period:

If the longitudinal PPM fails to meet the performance requirements in Article 5 in Years 1 through 4, use materials meeting Type B requirements of specification DMS-8240.

If the longitudinal PPM fails to meet the performance requirements in Article 5 in Years 5 or 6, use materials that meet DMS-8240 (Type A or B), or on the Department’s MPL, to meet the performance requirements of Article 5.

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The end of the warranty period does not relieve the warrantor from the performance deficiencies requiring corrective action identified during the warranty period.

The Engineer may exclude PPM from the replacement provisions of the warranty period, provided the Engineer determines that the failure is a result of outside causes rather than defective material. Examples of outside causes are extreme wear at intersections, damage by snow or ice removal, and premature pavement failure.

Provide a contact person, address and telephone number for notification of needed PPM replacement.

7. MEASUREMENT

This Item will be measured by the foot or by any other unit shown on the plans. Each stripe will be measured separately.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

8. PAYMENT

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 “Longitudinal Prefabricated Pavement Markings (PPM) with Warranty” of the color, shape and width, specified as applicable, at the time of project acceptance. This price is full compensation for materials, application of longitudinal PPM, testing, warranty work, equipment, labor, tools, and incidentals.

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WMS INSTALLATION RECORD FOR WRITTEN ACCEPTANCE ** Warranty period begins the day after written acceptance.

COUNTY CONTROL LIMITS FROM ACCEPTANCE LENGTH TYPE PPM HIGHWAY PROJECT LIMITS TO DATE

Contractor Signature Date

Department Signature Date

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CONTRACT NO. WARRANTY BOND COUNTY BOND NO

KNOW ALL PERSONS BY THESE PRESENTS: That we, ______, manufacturer of or Contractor for prefabricated pavement markings, as Principal, and ______, as Surety, are held and firmly bound unto the State of Texas, as Obligee, in the penal sum of ______Dollars $______, lawful money of the United States, well and truly to be paid to the State of Texas, and we bind ourselves, our heirs, successors, executors, and administrators jointly and severally, firmly by these presents. Whereas, the above bounden Principal has provided prefabricated pavement markings to ______for the foregoing contract entered into between ______and the Obligee, attached hereto; and Whereas, the Principal is required to protect the Obligee against any defects resulting from faulty prefabricated pavement markings installed under said contract for a period of 6 years beginning the day after written acceptance. Now, therefore, the condition of this obligation is such that if the above bounden principal, its heirs, successors, executors, and administrators shall promptly and faithfully carry out and perform the warranty as provided in said contract, and shall, within thirty days of due notice, replace any installed prefabricated pavement markings that may fail to meet Obligee’s performance evaluation as provided for in the Contract during the period specified above or shall pay over, make good, and reimburse to the said Obligee all loss and damage that said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Provided further that the end of a warranty period shall not relieve Principal from its obligation to correct deficiencies requiring corrective action, so long as those deficiencies are identified during the warranty period.

WITNESS our hand this day of 20

(Warrantor Name)

* By: **SURETY (Print Firm Name and Seal) (Warrantor Officer)

* By: * By: (Title) (Warrantor Officer)

**SURETY (Print Firm Name and Seal) **SURETY (Print Firm Name and Seal)

* By: * By: (Title) (Title) Note: * Attach a Power of Attorney showing that the officer of the installing contractor has authority to sign this obligation. ** Attach a Power of Attorney showing that the surety officer or Attorney-In-Fact has authority to sign this obligation; the Power of Attorney and bond must be impressed with the corporate seal. The surety must be a US Treasury listed company and provide notification information.

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276 6291

Special Specification 6291 Mobile Retroreflectivity Data Collection for Pavement Markings

1. DESCRIPTION

Furnish mobile retroreflectivity data collection (MRDC) for pavement markings on roadways as shown in the plans or as designated by the Engineer. Conduct MRDC on dry pavement only.

2. EQUIPMENT AND PERSONNEL

2.1. Mobile Retroreflectometer. Provide a self-propelled, mobile retroreflectometer certified by the Texas A&M Transportation Institute (TTI) Mobile Retroreflectometer Certification Program.

2.2. Portable Retroreflectometer. Provide a portable retroreflectometer that uses 30-meter geometry meeting the requirements described in ASTM E 1710. Maintain, service, and calibrate all portable retroreflectometers according to the manufacturer’s instructions.

2.3. Operating Personnel for Mobile Retroreflectometer. Provide all personnel required to operate the mobile retroreflectometer and portable retroreflectometer. Ensure MRDC system operator has a current certification from the TTI Mobile Retroreflectometer Certification Program to conduct MRDC with the certified mobile retroreflectometer provided.

2.4. Additional Personnel. Provide any other personnel necessary to compile, evaluate, and submit MRDC.

2.5. Safety Equipment. Supply and operate all required safety equipment to perform this service.

3. MRDC DOCUMENTATION

Document all MRDC by county and roadway or as directed by the Engineer. Submit all data to the Department and to the TTI Mobile Retroreflectometer Certification Program no later than 3 working days after the day the data is collected. Submit all raw data collected in addition to all other data submitted. Provide data files in Microsoft Excel format or a format approved by the Engineer. Provide a high-quality DVD showing the markings as they are measured. The data file and video must contain the following information.

3.1. Preliminary Documentation Sample. Submit a sample data file, video, and map of MRDC data in the required format 10 working days prior to beginning any work. The format must meet specification and be approved by the Engineer before any work may begin.

3.2. Initial Documentation Review and Approval. The Department will review documentation submitted for the first day of MRDC, and if it does not meet specification requirements, will not allow further MRDC until deficiencies are corrected. The Department will inform the Contractor no later than 3 working days after submittal if the first day of MRDC does not meet specification requirements. Time charges will continue unless otherwise directed by the Engineer.

3.3. Data File. Provide data files with the following:  date;  district number;  county;

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 name of mobile retroreflectometer operator;  route number with reference markers or other reference information provided by the Engineer to indicate the location of beginning and end data collection points on that roadway;  cardinal direction;  line type (single solid, single broken, double solid, etc.);  line color;  file name corresponding to video;  data for each centerline listed separately;  average reading taken for each 0.1-mi. interval (or interval designated by the Engineer);  accurate GPS coordinates (within 20 ft.) for each interval;  color-coding for each interval indicating passing or failing, unless otherwise directed by the Engineer (passing and failing thresholds provided by the Engineer);  graphical representation of the MRDC (y-axis showing retroreflectivity and x-axis showing intervals) corresponding with each data file;  distance in miles driven while measuring the pavement markings;  event codes (pre-approved by the Engineer) indicating problems with measurement;  portable retroreflectometer field check average reading and corresponding mobile average reading for that interval when applicable; and  upper validation threshold (may be included separately with the raw data but must be clearly identified with the data collected using that threshold).

3.4. Map. Provide a map in an electronic format approved by the Engineer with each MRDC submission that includes the following information:  date;  district number;  county;  color-coded 1-mi. intervals (or interval length designated by the Engineer) for passing and failing retroreflectivity values or retroreflectivity threshold values provided by the Engineer; and  percentage of passing and failing intervals, if required by the Engineer.

3.5. Video. Provide a high-quality DVD with the following information:  date and corresponding data file name on label;  district number;  county;  route number with reference markers or other designated reference information to indicate the location of beginning and end collection points on that roadway; and  retroreflectivity values presented on the same screen with the following information:  date;  location;  starting and ending mileage;  total miles;  retroreflectivity readings; and  upper validation thresholds (may be included separately with the raw data but must be clearly identified with the data collected using that threshold).

3.6. Field Comparison Checks with a Portable Retroreflectometer. Take a set of field comparison readings with the portable retroreflectometer at least once every 4 hours while conducting MRDC or at the frequency designated by the Engineer. Take a minimum of 20 readings, spread out over the interval measured. List the average portable retroreflectometer reading next to the mobile average reading for that interval with the reported MRDC data. Request approval from the Engineer to take field comparison readings on a separate roadway, when measuring a roadway where portable retroreflectometer readings are difficult to take. Take

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the off-location field comparison readings at no additional cost. Submit the portable retroreflectometer printout of all the readings taken for the field comparison check with the corresponding MRDC data submitted. The mobile average reading must be within ±15% of the portable average reading. The Engineer may require new MRDC for some or all of the pavement markings measured in a 4-hour interval prior to a field comparison check not meeting the ±15% range. Provide the new MRDC at no extra cost to the Department. The Engineer may take readings with a Department portable retroreflectometer to ensure accuracy at any time. The Department’s Construction Division (CST) will take comparison readings and serve as the referee if there is a significant difference between the Engineer’s portable readings and the Contractor's mobile and handheld readings. For best results, take field comparison readings on a fairly flat and straight roadway when possible.

3.7. Periodic Field Checks at Pre-Measured Locations. When requested by the Engineer, measure with the mobile unit and report to the Engineer immediately after measurement the average retroreflectivity values for a designated pre-measured test location. The Engineer will have taken measurements at the test location within 10 days of the test. The test location will not include pavement markings less than 30 days old. If the measured averages do not fall within ±15% of the pre-measured averages, further calibration and comparison measurements may be required before any further MRDC. Submit the results of the field check with the MRDC report for that day.

3.8. Measurement Notification. Provide notification via email to [email protected] a minimum of 24 hours prior to mobile retroreflectivity data collection to allow for scheduling verification testing when needed.

3.9. Verification Testing. The Engineer or a third party may perform retroreflectivity verification testing within 7 days of the Contractor’s retroreflectivity readings. The Contractor-submitted retroreflectivity data will be compared to the verification test data to determine acceptability of the Contractor’s mobile retroreflectometer data. Comparison of the data will result in one of the two scenarios below:

 Contractor’s Data is Validated – If the difference between contractor’s and Engineer/third party data is 20% or less, then the contractor’s data is validated. The contractor’s data will be used for acceptance.

 Contractor’s Data is not Validated – If the difference between contractor’s and Engineer/third party data is more than 20%, then the contractor’s data is not validated. The Engineer/third party data will be used for acceptance and the contractor will be required to take corrective action prior to additional contractor data collection and may require re-certification of the mobile retroreflectometer. If the Engineer determines that the contractor’s data might be correct then, Referee Testing may be requested by the Engineer.

3.10. Referee Testing. CST will perform referee testing using portable retroreflectometers to determine if the markings need to be restriped to meet the required retroreflectivity level. The referee test results will be final. Referee testing will be conducted on the verification test section(s) using the method for portable retroreflectometers specified in Item 666, “Reflectorized Pavement Markings.”

4. FINAL REPORT

Submit a final report in the format specified by the Engineer to the Department’s Traffic Engineering representative within 1 calendar week after the service is complete. The final report must contain a list of all problems encountered (pre-approved event codes) and the locations where problems occurred during MRDC.

5. MEASUREMENT

When mobile retroreflectivity data collection for pavement markings is specified on the plans to be a pay item, measurement will be by the mile driven while measuring pavement markings.

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6. PAYMENT

Unless otherwise specified on the plans, the work performed, materials furnished, equipment, labor, tools, and incidentals will not be paid for directly, but will be considered subsidiary to bid items of the Contract. When mobile retroreflectivity data collection for pavement markings is specified on the plans to be a pay item, the work performed in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Mobile Retroreflectivity Data Collection.” This price is full compensation for providing summaries of readings to the Engineer, equipment calibration and prequalification, equipment, labor, tools, and incidentals.

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Special Specification 6088 Camera Pole Structure

1. DESCRIPTION

Remove camera pole structure as shown on the plans and as directed.

2. MATERIALS Use approved material for backfilling.

3. CONSTRUCTION

3.1. Remove Camera Pole Structure. Dismantle and remove the existing camera pole structure. The camera pole structure will become the property of the Department. Deliver the camera pole structure to the Freeway Management Office located at 4777 E. Highway 80, Mesquite, TX, 75150.

3.2. Remove Camera Pole Structure Foundation. Cut existing camera pole structure foundation to a depth of 3 ft. below grade or as directed. Backfill, compact and restore areas where foundations have been removed. Remove and dispose of foundation and other wastes.

4. MEASUREMENT

This Item will be measured by each camera pole structure removed.

5. PAYMENT

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 “Remove Camera Pole Structure”. This price is full compensation for dismantling, removing, and delivering camera pole structure; cutting the foundation; backfilling and restoring areas; removal and disposal of foundation; and equipment, labor, tools, and incidentals.

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282 6148

Special Specification 6148 Inverted Profile Pavement Marking (Audible)

1. DESCRIPTION

Furnish and install an Inverted Profile Pavement Marking (Audible) that is hot applied to the pavement surface. This pavement marking must be formed during application with a profile that will create an audible effect when driven over. The inverted profile allows for the rapid draining of the pavement marking which results in a highly reflective marking in heavy rain.

The inverted profile pavement marking (audible) system must be composed of three items: a thermoplastic marking compound, a glass bead system and special equipment capable of producing an Audible Inverted Profile Pavement Marking.

2. MATERIALS

2.1. General. This provision covers machine applied hot hydrocarbon thermoplastic or alkyd/maleic pavement marking material with both intermixed and drop-on glass beads for use in constructing the inverted profile marking (audible).

2.2. Thermoplastic Pavement Marking Materials. Furnish thermoplastic pavement marking material meeting the minimum requirements of DMS-8220, “Hot Applied Thermoplastic.”

2.3. Traffic Beads. Furnish a traffic bead system to meet the desired performance requirements of this Specification.

3. EQUIPMENT

3.1. General. Use pavement marking application equipment that:  is maintained in satisfactory condition,  meets or exceeds the requirements of the National Board of Fire Underwriters and the Texas Railroad Commission for this application,  uses an automatic bead dispenser attached to the pavement marking equipment, and  can provide continuous mixing and agitation of the pavement marking material.

3.2. Material Placement Requirements. Pavement marking equipment must also meet the following requirements:  Equipment will be capable of providing uniform heating of striping materials to temperatures exceeding 390°F (199°C) .  Equipment will be capable of maintaining the thermoplastic striping material in a plastic state in all mixing and conveying parts, including the line dispensing device until applied.  Equipment will be capable of producing varying widths and thickness of thermoplastic traffic stripes.  The equipment will be a mobile, truck mounted and self-contained pavement marking machine.  The equipment will be capable of traveling at a uniform, predetermined speed over variable road grades to produce uniform application of striping material, following straight lines and making normal curves in a true arc. The equipment will be capable of air-blasting the pavement, applying the thermoplastic stripe and immediately applying the drop-on glass beads in a single.

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 The equipment will be capable of application of drop-on glass beads to the surface of the pavement marking by double drop application.  The applicator for the drop-on glass beads will be equipped with an automatic cut-off control that is synchronized with the cut-off of the thermoplastic material.  The applicator for the drop-on glass beads will be capable of delivering a uniform drop rate at variable thermoplastic application speeds.  The drop-on glass beads are applied such that they appear uniform on the entire traffic stripe and markings.  The application equipment must be specially designed for placing for thermoplastic material in a hot molten state on the pavement surface utilizing a pressure type application method. A thermoplastic die that is allowed to travel along in proximity with the road surface must form the hot inverted profile thermoplastic pavement markings. The die is pulled forward by a special linkage that will allow it to automatically level itself as to float and remain parallel with the road surface. The top of the die must be enclosed and provide entry means for the hot molten thermoplastic to enter the die cavity. The bottom of the die must contain a movable door that is remotely controlled so as to start or stop the flow of thermoplastic on to the pavement surface. When the movable door is open, thermoplastic can flow through the die and will apply a thermoplastic line that will be formed rearward of the advancing die. The road surface must be at the bottom of the die enclosure. Thermoplastic must be fed to the die under pressure through flexible oil-jacketed stainless steel hoses.  The pavement marking profiling device must be wider than the pavement marking being applied in order that the pavement marking must be adequately covered. The projections on the rotatable pavement marking profiling device must have an angular pavement marking profiling surface set at an angle to the pavement surface. The rotatable pavement marking profile device must be mounted with an automatic leveling device to the same carriage assembly as the thermoplastic gun. Using rollers to place grooves in the traffic marking utilizing a separate vehicle or grooves that are not pressed within 1 sec. of thermoplastic material application will not be allowed under this specification.  The melt kettle must be equipped with an automatic temperature control device and thermometer to thermostatically control the temperature and prevent overheating of the thermoplastic material. It must also be equipped with sufficient agitation to prevent settling of the inter-mix beads.

3.3. Retroreflectometers.

3.3.1. Mobile Retroreflectometer. Use a mobile retroreflectometer approved by the Construction Division and certified by the Texas Transportation Institute Mobile Retroreflectometer Certification Program.

3.3.2. Portable Retroreflectometer. Use a portable retroreflectometer meeting the requirements of ASTM E1710 that has either an internal global positioning system (GPS) or the ability to be linked with an external GPS with a minimum accuracy rating of 16.4 ft in accordance with the circular error probability (CEP) method (CEP is the radius of the circle with its origin at a known position that encompasses 50% of the readings returned from the GPS instrument); and can record and print the GPS location and retroreflectivity reading for each location where readings are taken.

4. CONSTRUCTION

Place markings before opening to traffic unless short-term or work zone markings are allowed.

4.1. General. Obtain approval for the sequence of work and estimated daily production.

Place markings on roadways already open to traffic with minimum interference to the operations of that roadway. Use traffic control as shown on the plans or as approved. Protect all markings placed under open- traffic conditions from traffic damage and disfigurement.

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Establish guides to mark the lateral location of pavement markings as shown on the plans or as directed and have guide locations verified. Use material for guides that will not leave a permanent mark on the roadway.

Provide markings with uniform and distinctive characteristics when observed in accordance with Tex-828-B. When minimum retroreflectivity requirements are specified, these values will be used to measure retroreflectivity performance.

Apply markings on pavement that is completely dry and passes the following test:

Place a sample of inverted profile marking material on a piece of tarpaper placed on the pavement. Allow the material to cool to ambient temperature and then observe the underside of the tarpaper in contact with the pavement. Pavement is dry if there is no condensation on the tarpaper.

Apply markings:  using dimensions, colors and at locations shown in the plans,  in proper alignment with the guides without deviating from the alignment more than 1 in. per 200 ft. of roadway or more than 2 in. maximum,  free of blisters and with no more than 5%, by area, holes or voids,  with uniform cross section and thickness,  with clean and reasonably square ends, and  using personnel skilled and experienced with installation of pavement markings.

Remove all applied markings that are not in alignment or sequence as stated in the plans or as stated in the specifications at the Contractor’s expense in accordance with Item 677, “Eliminating Existing Pavement Marking and Markers.”

4.2. Surface Preparation. Unless otherwise shown on the plans, prepare surfaces in accordance with this section.

4.2.1. Cleaning for New Asphalt Surfaces and Retracing of All Surfaces. For new asphalt surfaces (less than 3 yr. old) and retracing of all surfaces, air-blast or broom the pavement surface to remove loose material, unless otherwise shown on the plans. A sealer for inverted profile markings is not required unless otherwise shown on the plans.

4.2.2. Cleaning for Old Asphalt and Concrete Surfaces (Excludes Retracing). For old asphalt surfaces (more than 3 yr. old) and all concrete surfaces, clean in accordance with Item 678, “Pavement Surface Preparation for Markings,” to remove curing membrane, dirt, grease, loose and flaking existing construction markings, and other forms of contamination.

4.2.3. Sealer. For asphalt surfaces more than 3 yr. old or for concrete, apply a pavement sealer before placing inverted profile markings on locations that do not have existing markings, unless otherwise approved. The pavement sealer must be an epoxy sealer unless otherwise shown on the plans. Follow the manufacturer’s directions for application of epoxy sealers. When the sealer becomes dirty after placement, clean by washing or in accordance with Section 4.2.1, “Cleaning for New Asphalt Surfaces and Retracing of All Surfaces.” Place the sealer in the same configuration and color (unless clear) as the Inverted profile markings unless otherwise shown on the plans.

4.3. Application. Apply markings on surfaces with a minimum surface temperature of 60ºF, when measured in accordance with Tex-829-B.

Apply markings during good weather unless otherwise directed. If markings are placed at Contractor option when inclement weather is impending and the markings are damaged by subsequent precipitation, the Contractor is responsible for all costs associated with replacing the markings if required.

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Apply within the temperature limits recommended by the material manufacturer. Apply on clean, dry pavements (meeting moisture test described above). To prevent the rapid cooling of the freshly placed markings, no striping must be performed when there is moisture on the pavement surface or when winds exceed 12 mph (19 kmph). All new asphalt surfaces must have a minimum cure period of 14 days prior to installing the inverted profile pavement markings, unless otherwise approved by the Engineer.

When measured at the highest point of the profile, except for the audible transverse bar, the cold thickness of the in place thermoplastic pavement markings must be a minimum of 0.140 in., (4 mm), for inverted profile markings. The thickness of the thermoplastic in the bottom of the profiles must range from 0.025 - 0.050 in., (0.6 - 2.0 mm). The individual profiles must be located transversely across the pavement markings at intervals of approximately 1 in. (25 mm). The bottoms of these intervals must be between 3/32 in. and 5/16 in. (2 mm and 8 mm) wide. In order to drain water and to reflect light, it is normal for the top surface of the inverted profiles to be irregular.

The thickness of the pavement marking materials will be verified and any thickness more than 5% under the designated thickness must be reworked. A consistent, un-corrected underrun will not be allowed and the Contractor will be required to install the specified minimum thickness of 0.140 in. (4 mm). Provide a wet film thickness and a cold film thickness gauge to the Engineer for thickness verification.

4.4. Retroreflectivity Measurements. Use a mobile retroreflectometer unless otherwise shown on the plans.

4.4.1. Mobile Reflectometer Measurements. Provide mobile measurements averages for every 0.1 mi. unless otherwise specified or approved by the Engineer. Take measurements on each section of roadway for each series of markings (e.g., edge-line, center skip line, each line of a double line) and for each direction of travel. Take all measurements in the direction of traffic flow, except on centerline on two-way roadways, take measurements in both directions. Furnish measurements in compliance with Special Specification 6040, “Mobile Retroreflectivity Data Collection for Pavement Markings,” unless otherwise approved by the Engineer. The Engineer may require an occasional field comparison check with a portable retroreflectometer meeting the requirements listed above to ensure accuracy. Use all equipment in accordance with the manufacturer’s recommendations and directions. Inform the Engineer at least 24 hr. in advance of taking any measurements.

4.4.2. Portable Reflectometer Measurements. When using a portable reflectometer to measure retroreflection take a minimum of 20 measurements for each 1-mi. section of roadway for each series of markings (i.e., edgeline, center skip line, each line of a double line, etc.) and direction of traffic flow. Measure each line in both directions for centerlines on 2-way roadways (i.e., measure both double solid lines in both directions and measure all center skip lines in both directions). The spacing between each measurement must be at least 100 ft. The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results. The Engineer may require the original number of measurements if concerns arise.

4.4.3. Traffic Control. Provide traffic control, as required, when taking retroreflectivity measurements after marking application. On low volume roadways (as defined on the plans), refer to the figure entitled “Temporary Road Closure” in Part VI of the Texas Manual on Uniform Traffic Control Devices for the minimum traffic control requirements. For all other roadways, the minimum traffic control requirements will be as shown on the standard plans TCP (3-1) and TCP (3-2). The lead vehicle will not be required on divided highways. The traffic control plan and traffic control devices must meet the requirements listed in Item 502, “Barricades, Signs, and Traffic Handling.” Time restrictions that apply during striping application will also apply during the retroreflectivity inspections except when using the mobile retroreflectometer unless otherwise shown on the plans or approved.

4.5. Retroeflectivity Requirements. The initial retroreflectivity for the in-place marking must meet the following minimum values when measured any time after 3 days, but not later than 10 days after application: 4.5.1. Dry Night. White – 450 mcd/lux/m2 Yellow – 350 mcd/lux/m2

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4.5.2. Wet Night. The minimum initial wet retroreflectivity values, when measured any time after 3 days, but not later than 10 days after application must be:  White - 200 mcd/lux/m2  Yellow - 175 mcd/lux/m2

when measured in accordance with ASTM E2177 in the standard condition of wetness test.

4.6. Retained Retroreflectivity. The thermoplastic pavement marking material must retain a minimum dry retroreflectivity value of 150 mcd/lux/m2 and a minimum wet retroreflectivity value of 75 mcd/lux/m2 for both yellow and white markings and for a minimum of 4 yr. after placement. Failure to meet this requirement will require the manufacturer to replace the portion of the material shown to be below these minimums. The manufacturer must supply a written warranty to the Engineer indication the terms of this requirement in accordance with Item 6, “Control of Materials.”

4.7. Profilability. The thermoplastic pavement marking material must be formulated so that when applied at a temperature of between 400°F and 430°F, the individual profiles must be a minimum of 0.140 in. when measured at the highest point of the profile and must not excessively run back together. Additionally, a longitudinal spacing of at least 12 in. center to center must be profiled in a vertical manner such that the profile is transverse to the longitudinal marking dimension. The profile must not be less than 0.30 in. (300 mil) nor greater than 0.50 in. (500 mil) in height when measured above the normal top surface plane of the roadway. The transverse width of the profile must be equal to the width of stripe and the longitudinal width not less than 1 in. when measured at the top surface plane of the marking.

5. MEASUREMENT

This Item must be measured by the linear foot. Where double stripes are place, each pavement marking must be measured separately.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2, “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

Epoxy sealer when used as a sealer must be measured as Pavement Sealer.

6. PAYMENT

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 “Audible Inverted Profile Pavement Markings” of the color, width and thickness specified. This price is full compensation for furnishing all materials, for application of pavement markings and for all labor, tools, equipment and incidentals necessary to complete the work, except as shown below. No compensation must be paid for additional work performed and materials furnished resulting from failure to comply with manufacturer’s written warranty. This will include materials, application of markings, labor, tools, equipment, traffic control and incidentals necessary to complete the work.

Surface preparation, and eliminating existing pavement markings or markers, when shown on the plans, must be paid for under a separate pay item.

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Special Specification 6186 Intelligent Transportation System (ITS) Ground Box

1. DESCRIPTION

Construct, furnish, install or remove Intelligent Transportation System (ITS) ground boxes for fiber optic communication infrastructure complete with lids.

2. MATERIALS

Provide new materials that comply with the details shown on the plans, the requirements of this Item, and the requirements of the following items:  Item 420, “Concrete Substructures,”  Item 421, “Hydraulic Cement Concrete,”  Item 432, “Riprap,”  Item 440, “Reinforcement for Concrete,”  Item 471, “Frames, Grates, Rings, and Covers,”  Item 618, “Conduit”, and  Item 620, “Electrical Conductors.”

Provide new ITS ground boxes constructed of precast concrete or polymer concrete in accordance with the National Electrical Code (NEC) and National Electrical Manufacturers Association (NEMA) standards, most current version. Faulty fabrication or poor workmanship in materials, equipment, or installation will be justification for rejection. Provide manufacturer’s warranties or guarantees when offered as a customary trade practice.

2.1. Precast Concrete. Provide precast concrete ground boxes and aprons that comply with the details shown on the plans, the requirements of this Item, and in accordance with the following:  construct ground boxes with Class A concrete in accordance with Item 421, “Hydraulic Cement Concrete,” unless otherwise directed,  provide American Society for Testing and Materials (ASTM) A 615 Grade 60 reinforcement steel in accordance with Item 440, “Reinforcing Steel,” and  provide steel for the frames and covers in accordance with Item 471, “Frames, Grates, Rings, and Covers,” unless otherwise approved by the Engineer.

2.1.1. Loading Requirements. Designed to withstand American Association of State Highway and Transportation Officials (AASHTO) H-20 loading. Manufacturer must furnish certification of conformance with H-20 loading.

2.2. Polymer Concrete. Manufacture ground box and ground box cover from polymer concrete reinforced with 2 continuous layers of fiberglass fabric. Provide fabricated precast polymer concrete ground boxes and aprons that comply with the details shown on the plans, the requirements of this Item, and in accordance with American Standards Institute (ANSI)/Society of Cable Telecommunications Engineers (SCTE) - ANSI/SCTE 77, most current version.  Polymer Concrete. Construct polymer concrete from catalyzed polyester resin, sand, and aggregate. Polymer concrete containing chopped fiberglass or fiberglass-reinforced plastic is prohibited. Ensure a minimum compressive strength of 11,000 psi.

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 Fiberglass Fabric. The base glass on the fiberglass fabric must be alumina-limeborosilicate type “E” glass. The reinforcing fabric must line the entire inner and outer surfaces. Obtain approval for the fabric prior to production.

2.2.1. Loading Requirements. All polymer concrete boxes and covers must meet all test provisions of the ANSI/SCTE 77 Tier 22 requirements. All polymer concrete boxes and covers will be UL Listed or manufacture must provide a certification from an NRTL or factory-testing documentation witnessed and certified by professional engineer licensed in Texas.

Ensure ground box withstands 800 lb. per sq. ft. of force applied over the entire sidewall with less than 1/4 in. deflection per foot length of box. Ensure ground box and ground box cover withstand a test load of 33,750 lb. over a 10 in. x 20 in. area centered on the cover with less than 1/2 in. deflection at the design load of 22,500 lb.

3. EQUIPMENT

3.1. Size. Provide ITS ground boxes meeting the configuration types detailed in Table 1.

Table 1 Ground Box Inside Dimensions

Width Length Depth Type (Inches) (Inches) (Inches)

Type 1 (Precast) 24 36 36, 48, or 60

Type 2 (Precast) 36 60 36, 48, or 60

Type 1 (Polymer) 24 36 24, 36, or 48

Type 2 (Polymer) 36 60 24, 36, or 48

3.2. Shape. Provide ITS ground boxes rectangular in shape.

3.3. Aprons. Provide concrete aprons for ground boxes installed in native ground as shown on the plans. Aprons will be omitted when the ground boxes are located in riprap, sidewalk, or landscape pavers.

3.4. Bolts. Provide stainless steel penta bolts or special keyed bolts, as required by Department, with associated hardware as shown on plans. Provide self-draining bolt holes. Washers must be provided with all bolts.

3.5. Accessories. Include all necessary provisions for knockouts, cable racking, adapters and terminators for proper conduit and cable installation.

3.5.1. Knockouts. Provide knockouts at the factory to accommodate the appropriate number and size of conduits entering the ground box as shown in the plans. Within the factory, score or provide indention on each outside wall identifying additional conduit entry points for future expansion that does not impact the rebar structure. Place a bell fitting on the end of each conduit to ensure a flush fit inside the ground box. Place concrete grout in the knockout (inside and out), around the conduit and bell fitting to ensure a neat and watertight fit. Ensure that the grout does not enter the inside of the conduit.

3.5.2. Cable Racking. Provide steel (ASTM A-153), non-metallic glass reinforced nylon, or equivalent cable rack assemblies with the dimensions shown on the plans.

3.5.3. Terminators. Terminators must be appropriately sized for the conduits indicated on plans and must be an airtight and watertight connection.

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Terminators for the PVC conduits should be placed symmetrically about the centerline of the box at the depth shown on plans.

Terminators that do not have conduits attached must be capped and sealed as shown on the plans.

Install the quantity, size, and location of terminators as shown on plans.

3.6. Cover Requirements.

3.6.1. Type of Cover. Provide the following types of covers based on the type of ground box:  Precast concrete ground box: Provide a 1-piece or 2-piece galvanized steel or cast iron cover depending on the ground box type. Provide a torsion assisted cover for Type 2 ground box with lids that can open freely a minimum 90º each and lock in place with locking latches or a pin-lock inserted in the hinge. Covers must be grounded in accordance with the requirements of the most current version of the NEC. Provide the cover with drop handles.  Polymer concrete ground box: Provide a 1-piece or 2-piece cover depending on the ground box type, bolted to the ground box. Cover must have a minimum of 2 lifting eyes.

3.7. Label. Permanently mark all ground boxes and covers with the manufacturer’s name or logo and model number. Legibly imprint each cover with a permanently marked logo in letters at least 1 in. high as follows: “DANGER—HIGH VOLTAGE TRAFFIC MANAGEMENT”, unless otherwise directed. Glue in logos are prohibited.

3.8. Security. Equip all ground box covers with a stainless steel penta head or keyed bolting system that will securely hold the cover in place. Provide an appropriate means to secure or lock the cover in place as required by the plans.

3.9. Skid Resistance. All ground box covers must be skid resistant and should have a minimum coefficient of friction of 0.50 on the top surface of the cover. Provide certification minimum coefficient of friction value is met as part of material documentation.

3.10. Strength Requirements. The following ground box strengths are required based on the following 2 applications.

3.10.1. Deliberate Roadway Traffic. Precast concrete ground boxes with steel covers must be used in locations that may experience deliberate, continuous vehicular traffic, such as near the shoulder or an auxiliary lane, or immediately adjacent to the unprotected edge of pavement. Do not place ground boxes in the paved travel lanes or shoulder of highways, frontage roads, streets, bridges, or driveways.

Ground boxes and covers located in these areas must be rated for heavy-duty traffic loading and meet an AASHTO H-20 design loading.

Precast concrete ground boxes and covers located in non-deliberate heavy vehicular traffic must still meet AASHTO H-20 design loading.

3.10.2. Non-Deliberate Heavy Vehicular Traffic. Polymer concrete ground boxes and covers may be used in off roadway applications subject to occasional non-deliberate heavy vehicular traffic, such as driveways, along sidewalks, parking lots and behind non-mountable curb. Polymer ground boxes and covers located in these areas must meet ANSI/SCTE Tier 22 loading requirements.

4. CONSTRUCTION

Perform work in accordance with the details shown on the plans and the requirements of this Item.

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Use established industry and utility safety practices when installing or removing ground boxes located near underground utilities. Consult with the appropriate utility company before beginning work.

4.1. Installation. Install ground boxes as shown on the plans. Maintain spacing as shown on the plans.

Ground box locations may be revised to fit existing field conditions or to better facilitate the installation of the conduit system with approval by the Engineer.

Field-locate ground boxes to avoid steep slopes and low-lying locations with poor drainage.

Construct ground box cover to fit properly on ground box.

When installing ground boxes in surfaced areas, make the tops of the ground boxes flush with the finished surface.

4.1.1. Gravel at Base of Ground Box. Install all ground boxes on a bed of crushed rock at the base of the excavation as shown on the plans. Place 12 in. of washed, crushed stone (1.5 in. nominal) which extends 6 in. in all directions from the perimeter of the box. Lightly tamp the gravel immediately prior to the placement of the ground box to reduce settlement. Crushed gravel will not be paid directly, but be considered subsidiary to this Item.

4.1.2. Cable Racking Installation. Provide and locate cable rack assemblies designed to support up to 25 ft. of slack for each fiber optic cable inside each Type 1 ground box, 100 ft. of slack for each fiber optic cable inside each Type 2 ground box, slack associated with other communication cabling, and any splice enclosure as shown on the plans or as directed. Cable racks may be installed at the factory or in the field. Place the racks in a manner so as not to impede access in and out of the ground box.

Ground metallic cable rack assemblies to grounding system inside ground box in accordance with the most current version of the NEC.

Use fasteners with an ultimate pull out strength of at least 2500 lb. and ultimate shear strength of at least 3000 lb. When securing cable racks to side walls of ground box in the field, seal all penetrations to the side wall to prevent moisture and contaminant penetration. Sufficient cable supports must be provided for the particular of conductors or cables coiled or passing through the ground as shown on the plans or directed by the Engineer.

4.1.3. Buried Installation. When shown in the plans or identified in the General Notes, bury ground boxes for security measures. When burying ground boxes, provide polymer concrete ground boxes meeting ANSI/SCTE Tier 22 loading requirements.

Provide 12 in. cover between ground surface and top of ground box lid. Prior to backfilling, provide a 30 lb. felt paper over the entire ground box extending a minimum of 2 in. from either side to prevent backfill materials from entering ground box.

4.2. Excavation and Backfill. Ensure excavation and backfill for ground boxes meets the requirements as set forth by Item 400, “Excavation and Backfill for Structures.” For buried ground boxes, compact backfill material in order to prevent depressions in ground surface from occurring over the ground box.

4.3. Testing. Ground box and cover must be tested by a laboratory independent of the manufacturer to meet loading requirements. Certificate of such tests must be submitted to the Engineer for approval.

4.4. Documentation Requirements. Submit documentation for this Item consisting of the following for Engineer approval prior to installation:  record Global Positioning System (GPS) coordinates using NAD83 datum for all ground boxes prior to backfill. Identify location to obtain coordinates on drawing detail,  shop drawings,

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 concrete mix design,  material specifications for ground box, lid, cable racks, bolts, and skid resistance for cover  testing certification for loading requirements,  hot, cold, and wet weather plan, and  backfill material composition.

Shop drawings should clearly detail the following for ground boxes, at a minimum:  dimensions  terminators  cover  knockouts  adapters  load rating  cable racks  bolts  cover lock

4.5. Removal. Remove existing ground boxes and concrete aprons to at least 6 in. below the conduit level. Uncover conduit to a sufficient distance so that 90º bends can be removed and conduit reconnected. Clean the conduit in accordance with Item 618, “Conduit.” Replace conduit within 5 ft. of the ground box. Remove old conductors and install new conductors as shown on the plans. Backfill area with material equal in composition and density to the surrounding area. Replace surfacing material with similar material to an equivalent condition.

5. MEASUREMENT

This Item will be measured by each ground box installed or removed.

6. PAYMENT

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 “ITS Ground Box (Precast Concrete)” of the various types and sizes specified” or “ITS Ground Box (Polymer Concrete)” of the various types and sizes specified and for “Remove ITS Ground Box”.

6.1. Furnish and Install. This price is full compensation for excavating and backfilling; constructing, furnishing and installing the ITS ground boxes and concrete aprons when required; and all labor, tools, equipment, materials, transportation, accessories, documentation, testing and incidentals.

Conduit will be paid for under Item 618, “Conduit” and Special Specification 6016, “ITS Multi-Duct Conduit.”

Electrical conductors will be paid for under Item 620, “Electrical Conductors.”

6.2. Remove. This price is full compensation for removing and disassembling ground boxes and concrete aprons; excavation, backfilling, and surface placement; removing old conductors; disposal of unsalvageable materials; and materials, equipment, labor, tools, and incidentals. Cleaning of conduit is subsidiary to this Item. Conduit replaced within 5 ft. of the ground box will be subsidiary to this Item.

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Added page for double sided printing 294 CONTRACT NO. 04402-PGB-00-CN-PD BOND NO.

IN THE STATE OF § TEXAS § § § COUNTY OF § COLLIN §

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS:

That we as Principal, hereinafter referred to as “Principal” and , a corporate surety/sureties, duly authorized to do business in the State of Texas, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the North Texas Tollway Authority, a political subdivision of the State of Texas, hereinafter referred to as “NTTA” in the penal sum of Dollars ($ ), lawful money of the United States, to be paid in Plano, Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain contract with NTTA, dated the day of , 20 , attached hereto and incorporated herein for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the work provided for in said contract.

NOW, THEREFORE, the condition of this obligation is such that if the said Principal, shall pay all sub-contractors, workmen, laborers, mechanics, furnishers of material and claimants (as defined in Chapter 2253 of the Texas Government Code, as amended) supplying labor and material to him or sub-contractor in the prosecution of the work provided for in said contract, all monies to them owing by Principal for sub-contracts, work, labor, and materials furnished for the construction of such improvements for NTTA, then this obligation shall be and become null and void, otherwise to remain in full force and effect.

PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Collin County, Texas.

AND PROVIDED FURTHER, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder, or the plans, specifications, drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed hereunder.

This bond is executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended.

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IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument by duly authorized agents and officers and affixed corporate seal hereto on this the day of , 20 .

Principal

By: Title

Surety (Print First Name and Seal) Surety (Print First Name and Seal)

*By: *By: (Title) (Title)

TEXAS RESIDENT AGENT

Address

City/State/Zip

*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney- in-Fact, we must have a copy of the power of attorney for our files.

Surety contact information where any notice of claim should be sent:

Name: ______

Mailing Address: ______

Physical Address: ______

Telephone Number: (____)______

The address of the Surety to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the following toll free number: 1-800-252-3439.

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IN THE STATE OF § TEXAS § § § COUNTY OF § COLLIN §

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

That we as Principal, hereinafter referred to as “Principal” and , a corporate surety/sureties, duly authorized to do business in the State of Texas, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the North Texas Tollway Authority, a political subdivision of the State of Texas, hereinafter referred to as “NTTA” in the penal sum of Dollars ($ ), lawful money of the United States, to be paid in Plano, Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain contract with NTTA, dated the day of , 20 , attached hereto and incorporated herein for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the work provided for in said contract.

NOW THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said contract, agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said contract and the plans and specifications therein referred to, and as well during any period of extension of said contract that may be granted on the part of NTTA, as during the original terms of same, then this obligation shall be and become null and void, otherwise to remain in full force and effect.

PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Collin County, Texas.

AND PROVIDED FURTHER, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder, or the plans, specifications, drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder.

This bond is executed in compliance with the provisions of Chapter 2253 of the Texas Government Code as amended.

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IN WITNESS WHEREOF, the Principal and the Surety have signed this instrument by duly authorized agents and officers and affixed corporate seals hereto on the day of , 20 .

Principal

By: Title ______

Surety (Print First Name and Seal) Surety (Print First Name and Seal)

*By: *By: (Title) (Title)

TEXAS RESIDENT AGENT

Address

City/State/Zip

*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney- in-Fact, we must have a copy of the power of attorney for our files.

Surety contact information where any notice of claim should be sent:

Name: ______

Mailing Address: ______

Physical Address: ______

Telephone Number: (____)______

The address of the Surety to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the following toll free number: 1-800-252-3439.

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WARRANTY BOND

KNOW ALL PERSONS BY THESE PRESENTS:

That we as Principal, hereinafter referred to as “Principal” and , a corporate surety/sureties, duly authorized to do business in the State of Texas, hereinafter referred to as Surety (whether one or more), are held and firmly bound unto the North Texas Tollway Authority, a political subdivision of the State of Texas, hereinafter referred to as “NTTA” in the penal sum of Dollars ($ ), lawful money of the United States, to be paid in Plano, Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain contract with NTTA, dated the day of , 20 , attached hereto and incorporated herein for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the work provided for in said contract.

WHEREAS, by furnishing this warranty bond, the Principal is obligated to protect NTTA against any defects in the portion of the work under said contract that is described below, expressly including, but not limited to, defects in materials and workmanship.

THE OBLIGATION TO PAY SAME is conditioned as follows:

The Principal shall repair or replace any defects in the work under said Contract that are discovered to be defective in materials and/or workmanship or otherwise fails to conform to the warranties in Section 7.22 of the Special Provisions to the Contract at any time within two (2) years from the date of final acceptance.

NOW THEREFORE, the condition of this obligation is such that if upon receiving written notice of a defect in the Warranty Work, the said Principal shall begin to correct the said defect and/or replace the defective Warranty Work within seven (7) days after the NTTA gives the Principal such notice (or within such other time as may be stipulated by the Engineer in writing delivered to the Principal), and the said Principal shall thereafter diligently and continuously prosecute such repair and/or replace such defective Warranty Work to a completion satisfactory to NTTA, then this obligation shall be and become null and void, otherwise to remain in full force and effect.

PROVIDED, HOWEVER, IF, the Principal shall fail so to correct and/or replace defective Warranty Work, it is agreed that NTTA may cause any and all such defective Warranty Work to

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be remedied and/or replaced, with all associated costs thereof being borne by the Principal and the Surety under this Warranty bond.

AND PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Collin County, Texas.

AND PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract price related to the Warranty Work or any component thereof, but in no event shall a change order or supplemental agreement which reduces the Contract price decrease the penal sum of this Bond.

AND PROVIDED FURTHER, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder, or the plans, specifications, drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder.

IN WITNESS WHEREOF, the Principal and the Surety have signed this instrument by duly authorized agents and officers and affixed corporate seals hereto on the day of , 20 .

Principal

By: Title

Surety (Print First Name and Seal) Surety (Print First Name and Seal)

*By: *By: (Title) (Title)

TEXAS RESIDENT AGENT

Address

City/State/Zip

*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by- laws showing that this person has authority to sign such obligation. If signed by an Attorney-in- Fact, we must have a copy of the power of attorney for our files.

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CONTRACT

This contract made this ___ day of ______, 20___, by and between the North Texas Tollway Authority, a regional tollway authority and a political subdivision of the State of Texas authorized and existing pursuant to Chapter 366 of the Texas Transportation Code (hereinafter referred to as “NTTA”) and ______, a ______, whose address is ______(hereinafter referred to as the “Contractor”) (collectively, the “Parties”), is entered into as of the Effective Date, as defined on the signature page of this Contract.

WHEREAS, NTTA desires to enter into a contract for the Project1 construction as shown and described in the plans, the Standard Specifications, the Special Provisions, the Special Specifications, and the General Notes and Specification data, included herein and all addenda thereto, and

WHEREAS, the Contractor has been engaged in and now does such work and represents that it is fully equipped, competent, and capable of performing the desired and herein outlined work, and is ready and willing to perform such work in accordance with the prices in the Proposal and the provisions of the herein included Standard Specifications as amended by the Special Provisions and the Special Specifications, the Proposal, the Plans, and all the addenda thereto.

NOW THEREFORE, for and in consideration of the prices in the Proposal, said Proposal being made a part of this Contract for all purposes, the Contractor agrees to do, at its own sole cost and expense, all the work necessary for the Project improvement shown and described in the plans and in accordance with the provisions of the Standard Specifications, the Special Provisions, the Special Specifications, the General Notes and Specification Data, and the Proposal, and all the addenda thereto, such addenda being ______, all of which are a part of this Contract, and to render all services, deliver all materials, and furnish all equipment and labor required for the performance of this Contract.

I. BASIC CONTRACT TERMS

The Work to be constructed under this Contract shall have reached (a) the Substantial Completion (as defined in the Special Provision to Item 1, “Abbreviations and Definitions”) no later than Seven Hundred Thirty One (731) calendar days from the commencement of time charges, and (b) the Final Completion (as defined in the Special Provision to Item 1) no later

1 Capitalized terms and other terms used herein or elsewhere in the Contract Documents that are defined in Item 1, “Abbreviations and Definitions,” of the Standard Specifications, as amended by the Special Provisions to Item 1, shall have the meanings indicated in Item 1, as amended unless stated otherwise.

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than Eight Hundred Twenty Three (823) calendar days from the commencement of time charges.

NTTA, in consideration of the full and true performance of said work by the Contractor, hereby agrees and binds itself to pay the Contractor for the quantities of work performed in compliance with this Contract at the respective unit prices set forth in the Proposal, subject to adjustment as herein provided.

The Contractor expressly warrants that (a) to the best of Contractor's knowledge, no member, employee, or agent of NTTA has any interest, direct or indirect, in this Contract, and (b) it has employed no third person to solicit or obtain this Contract on its behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement, or in compensation for services in connection therewith, any brokerage commission or percentage upon the amount receivable by it hereunder; and (c) in estimating the price demanded by it hereunder, it has not included any sum by reason of any such brokerage, contract, commission or percentage, and that all monies payable to it hereunder are free from all obligations of any other person for services rendered, or supposed to have been rendered, in the procurement of this Contract. It further agrees that any breach of this warranty shall constitute adequate cause for the termination of this Contract by NTTA or for the deduction from any sums due or to become due thereunder an amount equal to any brokerage, contract value, commission, or percentage so paid or agreed to be paid or both.

The undersigned signatory for the Contractor hereby represents and warrants that he/she has complete authority to execute this Contract on behalf of the Contractor. The above- stated representation and warranty is made for the purpose of inducing NTTA to execute this Contract.

It is acknowledged and agreed by both Parties hereto that this Contract and the documents referenced herein constitute the entire agreement between such Parties for the construction of the work contemplated herein.

Upon execution, this Contract will supersede all prior discussions and agreements of the Parties relating to the subject matter hereof, by and between NTTA and the Contractor. This Contract (including the Plans, the General Notes and Specification Data, the Standard Specifications, the Special Provisions, the Special Specifications, the Proposals, and the Contract Bonds, incorporated by reference herein, and all the addenda and change orders herein or exhibits, schedules, and other attachments hereto) constitutes the final, complete, and exclusive understanding between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, whether oral or written, in regard thereto. This Contract cannot be amended or waived except by an agreement in writing signed by authorized representatives of both Parties and specifically referring to this Contract.

This Contract shall be binding upon and inure to the benefit of NTTA, the Contractor, and their respective heirs, executors, administrators, successors, and permitted assigns, including without limitation any successor agency to NTTA.

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II. STANDARD PROVISIONS

1. Notices. Any notice required by this Agreement between the Parties must be in writing and shall be deemed given if delivered personally, including, but not limited to, by courier, by registered or certified mail (return receipt requested), or by facsimile (with receipt of confirmation). Such notice shall be deemed received on the date of personal delivery or fax and on the third business day following the date on which the notice is mailed by certified or registered mail. Any notice under this paragraph shall be addressed to the respective Party at the following addresses or such other addresses that the Party has given written notice in accordance with the provisions of this paragraph: All notices (each, a “Notice”) required to be given hereunder must be in writing and must be sent by hand delivery, certified mail, return receipt requested, or via reputable overnight air courier, addressed as follows:

North Texas Tollway Authority Attention: Assistant Executor Director of Infrastructure 5900 W. Plano Parkway, Suite 100 Plano, Texas 75093

Copy To: General Counsel 5900 W. Plano Parkway, Suite 100 Plano, Texas 75093

2. Warranties and Representations. Each Party to this Agreement represents and warrants to the others that they have fulfilled the following:

a. Read Agreement. The Party, or a duly authorized representative of the Party, has read and understands this Agreement in its entirety, and the consequences and risks associated therewith, including but not limited to, the risk of reliance on certain laws, facts, or circumstances which may be later discovered or otherwise;

b. Discussions with Counsel. The Party has discussed all aspects of this Agreement with its advisors or had the opportunity to do so and fully understands all of the provisions and their legal and practical effect;

c. Voluntary Act. The Party is signing this Agreement freely and voluntarily, without coercion of any kind, and with full knowledge and understanding of its contents;

d. No Assignment or Transfer. The Party has not assigned, pledged or transferred or purported to assign or transfer to any person or entity any claim or right or any portion thereof or interest therein they purport to release by this Agreement, except as stated in this Agreement;

e. Authority. The person executing this Agreement on behalf of such Party is fully authorized and legally competent to execute this Agreement as the legal, valid, and binding act and deed of such Party.

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The Contractor represents and warrants that it is duly formed and qualified to do business under the laws of the State of Texas, and the individual or individuals executing this Agreement on its behalf are fully authorized to do so without the necessity of any additional action by its partners or any other party. The Contractor further represents and warrants that the execution, delivery, and performance by the Contractor of this Agreement will neither conflict with any laws, statutes, regulations, or decisions affecting the Contractor nor breach any contractual covenants or restrictions between the Contractor and any other party; and

Contractor further represents, warrants, and covenants that (i) it does not, and will not during the term of this Agreement, boycott Israel in violation of Texas Government Code, Chapter 2270 and (ii) it is not identified on any list of scrutinized companies or companies known to have interactions with a foreign terrorist organization as described in Texas Government Code, Chapter 2252, Subchapter F.

3. Mutual Cooperation. The Parties shall cooperate fully and execute any and all supplemental documents and to take additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement.

4. Entire Agreement. This Agreement, along with the exhibits hereto, constitutes the entire agreement, as of the Effective Date, between or among the Parties hereto relating to the subject matter hereof and supersedes any and all prior agreements, arrangements or understandings among the Parties with respect to the subject matter of this Agreement. Any amendments or changes to the terms of this Agreement are ineffective, unless they are in writing and executed by all of the Parties actually executing this Agreement. There are no understandings, oral or otherwise, regarding the settlement of the Parties’ disputes except as set forth in this Agreement. No Party is entitled to rely on any promise, inducement, assurance, or expectation of any other Party unless it is contained in writing in this Agreement. All Parties deny the existence of and expressly waive reliance on any outside or unwritten representations.

5. Construction. This Agreement shall not be construed against any Party as the drafting Party. The terms and provisions of this Agreement have been jointly agreed to and negotiated by the Parties, with advice of counsel, and represent their collective agreement.

6. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.

7. Binding Agreement. This Agreement shall be binding against and inure to the benefit of each respective Party and its representatives, administrators, beneficiaries, trustees, receivers, assigns, predecessors, successors, owners, partners, members, parent companies, subsidiaries, affiliates, shareholders, directors, officers, employees, managers, servants, representatives, agents, agencies, professional advisors, insurers, reinsurers and any other

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similar or related persons or entities (“Representatives”), and each of their respective Representatives.

8. Assignment. The Contractor has no right to assign its rights and/or obligations or to delegate its duties under this Agreement without NTTA’s prior written approval, and any attempted assignment or delegation without such approval will be void and constitute a material breach of this Agreement. Such approval may be granted or withheld at NTTA’s sole discretion. Nothing in this Agreement, nor in any approval subsequently provided by either party hereto, will be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation, or other entity, including, without limitation, the public in general or any member thereof, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity in connection with this Agreement.

9. Survival of Covenants. The indemnities, warranties, insurance requirements, rights to relief, and limitations on liability will survive the termination of this Contract or the completion of Work by Contractor.

10. Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement.

11. Fees and Costs. If any legal action or other proceeding is brought under this Agreement, in addition to any other relief to which the successful or prevailing party (“Prevailing Party”) is entitled, the Prevailing Party is entitled to recover, and the non- Prevailing Party shall pay, all (a) court costs, and (b) expenses, even if not recoverable by law as court costs (including, without limitation, all fees, taxes, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding and all appellate proceedings. For purposes of this section, the term “attorneys’ fees” includes, without limitation, paralegal fees, investigative fees, expert witness fees, administrative costs, disbursements, and all other charges billed to the Prevailing Party by its attorney.

12. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. The Parties agree and consent that (a) the State District Courts of Collin County, Texas, shall have continuing and exclusive jurisdiction over any and all disputes arising under the terms of this Agreement or the subject matter contemplated herein, (b) venue is mandatory in the State District Courts of Collin County, Texas, for all disputes arising hereunder, and (c) they waive the right to sue or be sued elsewhere.

13. Confidentiality. The Contractor acknowledges that any information that it or its employees, agents, or Subcontractors obtain regarding the operation of NTTA, its products, services, policies, personnel, and any other aspect of its operation is confidential, and will not be revealed or disclosed to any person, company, or other entity without the express written consent of NTTA. The Contractor hereby agrees that each staff member assigned to work on the deliverables of this Agreement by the Contractor will sign any confidentiality and/or computer access and security document/form required by NTTA. The Contractor further agrees that any Subcontractor staff utilized by the Contractor to provide Work under this Agreement must also sign the same.

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14. Waiver. Any term or condition of this Agreement may be waived at any time by the Party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition. No waiver by any Party of any term or condition of this Agreement in any one or more instances shall be deemed to be or construed as a waiver of the same or of any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by law or otherwise afforded, will be cumulative and not alternative.

III. SPECIAL PROVISIONS

1. No Contingent Fees, Etc. The Contractor warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this warranty, NTTA will have the right to annul and terminate this Agreement without liability or, in its sole discretion, to deduct from the compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

2. Revolving Door. NTTA has adopted and Employee Ethics Policy that includes the following “revolving door” provision: “An employee after leaving NTTA employment will not participate on behalf of any third party in a matter involving the NTTA in which the employee participated while employed at the NTTA. For purposes of this subsection, an employee participated in a matter if the employee made a decision or recommendation on the matter, approved, disapproved or gave advice on the matter, conducted an investigation related to the matter, or took similar action related to the matter.”

Absent express written approval from NTTA, Contractor will not direct or allow a former NTTA employee to do any work on behalf of the Contractor that might put the former employee in violation of this provision.

3. Inspection of Books and Records. NTTA, its employees, agents or any duly authorized representative of NTTA, will have the right, at all reasonable times, to inspect and examine the books and records of the Contractor, in whatever form said records may be kept, at Contractor’s office for all lawful purposes, including but not limited to the following:

• Examination; • Audit; • Investigation; • Contract Administration; • Checking the salary costs and other expenses described and/or contemplated in this Agreement; or • Otherwise confirming compliance with the terms of this Agreement.

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Books and records for the purposes of this section include any and all authorization logs, transaction records, books, documents, and papers that are directly pertinent to the performance of the goods and/or services covered under this Agreement. The Contractor will maintain such records, together with such supporting or underlying documents and materials for the duration of this agreement and, according to NTTA’s Records Retention Schedules, after the completion of this Agreement, including any and all renewals or extensions thereof.

4. SSAE 16 Type II Audit Requirement. At the sole discretion of NTTA, Contractor must cause a SSAE 16 Type II audit to be conducted at least annually, for each location from which the Services are provided. Consistent with applicable determination of the scope and focus, any such audit being determined by the applicable audit standard, the Parties acknowledge that each such SSAE 16 Type II audit must include within its general focus vendor’s policies, procedures and internal controls during the preceding twelve (12) months. As part of the sample, the Contractor will ensure that NTTA’s data is included. Contractor will ensure that the SSAE 16 Type II audit includes all the processes for which services are provided to NTTA. The Contractor or firm conducting the audit will also review the scope of the SSAE 16 Type II audit with NTTA to verify that the scope includes all the processes pertinent to NTTA. The Contractor will permit NTTA to participate in the planning of each such audit, will confer with NTTA as to the scope and timing of each such audit and will accommodate NTTA’s requirements and concerns to the extent reasonably practicable. Unless otherwise agreed by the Parties, such audit will be conducted so as to result in a final audit report dated as of each December 31st during the Term and will be provided by vendor to NTTA within thirty (30) days of such date. In all events, each report delivered by such date will be unqualified (or, if not, will be accompanied by a plan intended to address any identified deficiencies, which plan will be timely implemented to resolve such deficiencies) and vendor will respond to such report.

5. Conflicts of Interest. Contractor represents to NTTA, as of the Effective Date and throughout the term of the Agreement, that it, and each of its owners, directors, officers, employees, agents, Subcontractors: (i) has no financial or other beneficial interest in any contractor, engineer, consultant, product or service evaluated or recommended by Contractor, except as expressly disclosed in writing to NTTA, (ii) will discharge its responsibilities under this Agreement professionally, impartially, and independently, and after considering all relevant information related thereto, and (iii) is under no contractual or other restriction or obligation, the compliance with which is inconsistent with the execution of this Agreement or the performance of its obligations hereunder.

Contractor represents and warrants to, and agrees with NTTA, as of the effective date of this Agreement and throughout the Term, that it and its Subcontractors, and their respective owners, directors, officers, employees and agents do not have and will not have a prohibited business or familial relationship as described and governed by Chapter 573 of the Texas Government Code, other applicable law, the NTTA Ethics Policy, or the NTTA Procurement Policy with a board member, employee or agent of NTTA, except as disclosed in an affidavit sworn to by an authorized representative of Contractor in a form acceptable to NTTA.

If required by Section 2252.908 of the Texas Government Code, Contractor shall submit a disclosure of interested parties in the form required by the Texas Ethics Commission. Such disclosure shall be submitted at the same time that the executed draft of this Agreement is submitted to NTTA for approval.

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IN WITNESS WHEREOF, the Parties have signed or have caused their names to be signed to one or more counterparts hereof on the respective dates shown below, to be effective as of the last date shown (the “Effective Date”).

NORTH TEXAS TOLLWAY AUTHORITY, Contractor a regional tollway authority and a political subdivision of the State of Texas

By: By:

Name: Name:

Title: Executive Director Title:

Date of Execution: Date of Execution: ______/____/20______/____/20___

ATTEST: ATTEST:

By: By:

______, Secretary ______, Secretary

[If Contractor’s governing documents do not require attestation of contracts, type: “Attestation not required” in attestation signature block.]

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