NORTH TEXAS TOLLWAY AUTHORITY Contract No.:04344-CTP-00-CN-MA

PROPOSAL FOR

TOTAL ROUTINE MAINTENANCE OF CHISHOLM TRAIL PARKWAY

FROM: IH 30 TO: US 67 SECTIONS: 1 - 6

CONTRACT 04344-CTP-00-CN-MA

FOR THE CHISHOLM TRAIL PARKWAY

NORTH TEXAS TOLLWAY AUTHORITY Contract No.:04344-CTP-00-CN-MA

TABLE OF CONTENTS

Document Document Page to Be to Be Submitted Submitted at Bid after Bid Opening Opening 1. Pre-Bid Meeting and Bid Opening 1 2. SP-0.25, Qualification Requirements 3 3. Proposal – Attachment 1: (to be submitted in a sealed envelope separately from Attachment 2) 3a. Application for Qualification 10 3b. Form 4906 (excluding Unit Price 26 & Total per item) 4. Proposal – Attachment 2: (to be submitted in a sealed envelope separately from Attachment 1) 4a. Proposal 27 4b. Bid Bond 33 4c. Total Bid Amount 34 4d. Certification of Interest in Other Bid 35 Proposals for This Work 4e. Affidavit - Conflict of Interest 36 4f. Affidavit - Anti-Collusion 39 4g. Certification of Debarment 40 4h. Disadvantaged, Minority, Women- 41 Owned, and Small Business Form 4906 (with Enterprises Program Unit Price & Total per Item) 4i. Example of Bid Prices Submitted 46 By Computer Printout 4j. Unit Description and Bid Price 47 Schedule 5. Engineer’s Seal 48

Revised: March-12 DOC001C_Rev_2 1 of 3 TABLE OF CONTENTS 04344-CTP-00-CN-MA (Continued)

Document Document Page to Be to Be Submitted Submitted at Bid after Bid Opening Opening 6. Index of Governing Specifications, 49 Special Provisions, and Special Specifications 7. SP-0.01, RailRoad Construction and 51 Insurance Requirements 8. SP-0.02, R.O.W. & Utility Relocations 53 by Others 9. SP-0.04, Sales and Use Tax 54 Exemption 10. SP-0.05, Existing Utilities 55 11. SP-0.17, Value Engineering Proposals 57 12. SP-0.18, Correction of Defects 58 13. SP-0.20, NTTA Business Diversity 59 Prism Contract Compliance Tracking Software 14. SP-1, Definition of Terms 61 15. SP-2, Instructions to Bidders 67 16. SP-3, Award and Execution of 71 Contract 17. SP-5, Control of the Work 76 18. SP-6, Control of Materials 81 19. SP-7, Legal Relations and 86 Responsibilities 20. SP-8, Prosecution and Progress 101 21. SP-9, Measurement and Payment 116 22. SS-9901, Performance Based Total 120 Routine Maintenance of Chisholm Trail Parkway SS-9901, Table 1: TRM Performance 167 Criteria SS-9902, Table 2: MRP Weights Table 190

Revised: March-12 DOC001_Rev_2 2 of 3 TABLE OF CONTENTS 04344-CTP-00-CN-MA (Continued)

Document Document Page to Be to Be Submitted Submitted at Bid after Bid Opening Opening 23. SS-9902, Snow and Ice Control 196 SS-9902, Table 1: Equipment and 205 Personnel 24. SS-9903, Chisholm Trail Parkway 206 Barricades, Signs, and Traffic Handling for the Maintenance of IT Equipment 25. NTTA Lane Closure Guidelines 208 NTTA Lane Closure Request Form 211 26. Payment Bond 212 27. Performance Bond 214 28. Contract 216 29. Certificate of Liability Insurance

Revised: March-12 DOC001_Rev_2 3 of 3 January, 2017

NORTH TEXAS TOLLWAY AUTHORITY NOTICE TO THE BIDDERS “PRE-BID MEETING AND BID OPENING"

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson

The bidder’s attention is called to the following information regarding the pre-bid meeting and the bid opening. Interested Prime and Subcontractors are invited to attend the non- mandatory pre-bid meeting. Primes bidding on this project must attend in order to submit a Proposal for this project. Each company is limited to have two representatives in attendance at the pre-bid meeting.

NON-MANDATORY PRE-BID MEETING: DATE: Tuesday, February 7, 2017 TIME*: 3:00 P.M. CST

PROPOSAL DUE: DATE: Friday, March 3, 2017 TIME*: 3:00 P.M. CST

BID OPENING: DATE: Thursday, March 16, 2017 TIME*: 3:00 P.M. CST

PLACE: North Texas Tollway Authority (NTTA) 5900 West Plano Parkway, Suite 100 Plano, Texas 75093 * Note: CST = Central Standard Time; CDST = Central Daylight Saving Time

Bid packages (official plans and specifications are available for viewing and/or downloading online at https://www.ebidexchange.com/ntta. Due to system limitations, certain larger projects will be redirected to http://www.thomasrepro.com/dfs/ntta . Vendors must first register with Thomas Reprographics in order to view, purchase, and download plans and specifications online from http://www.thomasrepro.com/dfs/ntta.

Written requests or questions received before or on Monday, February 13, 2017 by 3:00 P.M. will be formally responded to via Bid Document Clarifications by the Letting Official. E-mail the written requests or questions to Brandy Adamson, Senior Procurement Specialist, at [email protected]. Questions not submitted in this manner may not be answered.

It shall be the responsibility of each bidder to deliver its proposal to the Director of Procurement Services/NTTA Letting Official at the above listed address before or by the

2004 Specifications DOC_002_Rev_6 1 of 2 Revised: May 2016

Page 1 of 217 February, 2017 time listed above for its bid to be considered. 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. 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 the Authority. Faxed, oral, or telephoned bids will not be accepted. Bids received after the Bid Opening date and time will be returned unopened.

Each bidder must ensure that its proposal is executed in the correct spaces provided, as required in the proposal, that its bid is completely filled in, that its proposal guaranty is included, and that it supplies proper affidavits from its board of directors, partners, managers, or other applicable governing authority that has the power to authorize the execution, delivery, and performance under this proposal, certifying that the person executing the proposal has the proper authority to do so. Proposals that are not properly executed or do not contain all required affidavits and other attachments will not be read, will be rejected, and will be returned to the bidder. When there are minor errors or omissions in the bid proposal, the Director of Procurement Services/NTTA Letting Official, in his sole discretion, may provide waivers that are in the best interest of the Authority and to the extent are not inconsistent with the Authority’s procurement policy or applicable law.

2004 Specifications DOC_002_Rev_6 2 of 2 Revised: May 2016

Page 2 of 217 July, 2011

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION IMPORTANT NOTICE TO PROPOSERS “QUALIFICATION REQUIREMENTS”

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson Project: Total Routine Maintenance for the Chisholm Trail Parkway

1. Introduction. This Special Provision - Important Notice to Proposer - “Qualification Requirements” (this “Special Provision”) will replace the prequalification requirements as stated under Subarticle 2.2, “Eligibility of Proposers” of the Special Provision SP-2, “Instruction to Proposer.” The North Texas Tollway Authority (NTTA) invites firms and individuals to submit proposals for the Total Routine Maintenance services for the Chisholm Trail Parkway (CTP). The Total Routine Maintenance of the CTP presents distinctive challenges in several areas, including, but not limited to, management, planning, and the amassing and coordination of personnel and resources over the six-year term of the Contract. The services to be provided are generally described as the supply of all materials, labor, equipment, fuel, tools, and incidentals necessary for the Total Routine Maintenance of the CTP (hereinafter referred to as the “Work”). The Work is more fully described in the following documents, including, but not limited to, exhibits, General Notes and Specification Data (the “General Notes”), Special Specifications, as well as the latest edition of the “Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges” (the “Standard Specifications.

ALL PROSPECTIVE PROPOSERS will be required to: a) provide documentation evidencing that they are qualified by TxDOT to bid on TxDOT’s maintenance contracts, and b) submit the “Application for Qualification” which will be evaluated and scored to determine if the prospective Proposer qualifies as a “Responsible” Proposer. Information regarding the NTTA’s qualification requirements and scoring system is included in sections of this RFP that follow.

2. Submissions By Prospective Proposer. PROSPECTIVE PROPOSERS’ RESPONSES TO THIS PROCUREMENT MUST BE SUBMITTED IN TWO SEPARATE SEALED PACKAGES OR ENVELOPES, MARKED RESPECTIVELY:

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ATTACHMENT 1, “APPLICATION FOR QUALIFICATION FOR the Total Routine Maintenance for the Chisholm Trail Parkway - 04344-CTP-00-CN-MA ”, AND ATTACHMENT 2, “PROPOSAL FOR the Total Routine Maintenance for the Chisholm Trail Parkway - 04344-CTP-00-CN-MA”. Both packages (Attachment 1 and Attachment 2) must be submitted to the NTTA simultaneously in a single large envelope marked “Application for Qualification and Proposal for the Total Routine Maintenance for the Chisholm Trail Parkway- 04344-CTP-00-CN-MA” and with the Proposer’s contact information. All Proposal information shall be completed by typing, printing by computer, or printing legibly in ink. If a Prospective Proposer does not meet the NTTA’s qualification requirements, its Proposal package shall be returned to the Prospective Proposer, unopened. Subject to its right to reject all proposals, the NTTA intends to award the Contract for the Work on the basis of the lowest cost proposal from a Responsible Proposer that satisfies the NTTA’s criteria for this procurement. The Application for Qualification (Attachment 1) and the Proposal (Attachment 2) must be received at the NTTA's general administrative offices at 5900 West Plano Parkway, Suite 100, Plano, Texas 75093, on or before the due date and time as indicated in the “Pre-Bid Meeting and Bid Opening.” The official clock at the administrative office of the NTTA shall serve as the official determinant of the hour at which the proposal shall be submitted. Any proposals submitted after this date and time will be considered late and will be rejected, and returned unopened to the Proposer. Attachment 1: The first package (labeled “Attachment 1”) shall contain the Application for Qualification as described in Section 3 below and shall include all of the required Application for Qualification documents. The separate attachments comprising the Executive Summary, Work Plan, Technical Plan, Management Plan, and Business Diversity Plan shall be submitted as a single document, which should follow the outline format described in Section 3. The document should be indexed, with all pages sequentially numbered. A page size of eight and one-half by eleven inches (8 1/2” x 11”) is required, and the type size shall not be less than 10-point font. Notwithstanding the foregoing, if existing financial reports, documents, or brochures, such as those that delineate the Prospective Proposer’s general capabilities and experience, do not comply with the prescribed format; it is not the intent to have these documents reformatted. They will be acceptable in their existing form and may be included in an Appendix. Unnecessarily elaborate special brochures, artwork, expensive paper and expensive visual and other presentation aids are neither necessary nor desired. Bindings and covers will be at the Prospective Proposer’s discretion. Prospective Proposers must submit one (1) Application for Qualification with “original signatures” and marked “ORIGINAL” on the title page and six (6) copies of the

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original signed Application for Qualification and marked “COPY” on the title page of all the copies. The failure of a Prospective Proposer to follow the specified outline or comply with the specified page limits or format requirements may result in the disqualification of the Prospective Proposer. Attachment 2: The second package shall contain all of the proposal form documents (labeled “Attachment 2”) and shall include the Prospective Proposer’s price proposal (hereinafter called a “Proposal”, or “proposal”) for supplying the goods and services and performing the Work in the manner described in the proposal form.

3. APPLICATION FOR QUALIFICATION. A. General Information. The Proposer will provide general information such as Proposer’s legal name, address, and business entity as shown on the Attachment “AFQ” – Application for Qualification. B. Capacity to Do the Work; Multiple Awards Limitation and Conflicts. The Proposer shall be financially capable of and committed to performing the Total Routine Maintenance of the Chisholm Trail Parkway. In addition to the legal prohibitions of brokered contracts, the Authority does not intend to qualify a Proposer that plans to perform the Contract in a construction manager role. In addition to the legal prohibitions of brokered contracts, the Authority does not intend to qualify a Proposer that plans to perform the Contract in a construction manager role. Furthermore, firms and their sub-consultants currently serving under contract with NTTA as General Engineering Consultants, Program Management Consultants, Traffic and Revenue Consultants, or Maintenance Management Consultants are expressly prohibited from submitting proposals and providing services for this Contract. C. Bonding. A performance bond and a payment bond is required under Article 3.4 of the Standard Specifications. A warranty bond is not required for this contract. The Proposer must provide a letter from the bonding surety indicating its willingness and ability to bond for the amount equivalent to one (1) year of the contract amount and additional amounts included in the change orders thereafter. The bond shall be renewed each year for the duration of the contract. D. Executive Summary (Two Page Limit). The Proposer must provide a separate attachment titled “Executive Summary,” written in nontechnical language summarizing the Prospective Proposer's overall capabilities and suggested approaches for accomplishing the Work.

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E. Work Plan (Six Page Limit). 1) The Proposer must provide a separate attachment titled “Work Plan” 2) The type of services listed will be required as a minimum to perform the Work for this contract. The Proposer should refer to the Special Specifications for the requirements and indicate the number of years of experience for each service type. F. Technical Plan (Thirteen Page Limit). The Proposer must provide a separate attachment titled “Technical Plan,” based on the six-year term of the Contract that explains the technical approach to accomplishing the Work addressed in the Special Specification and Proposal Form. G. Proposer Past Performance. 1) Confirm each of the statements listed indicating either True or False. 2) “Total Routine Maintenance”. Furnish projects completed or currently under contract within the last 5 years that are the same or include the similar type of services as required for this project. The projects must illustrate familiarity with all aspects of the services described in the Special Specification 9901, with an emphasis on traffic control, shoulder and lane closures, and general matters of employee and public safety. 3) “Snow and Ice Control”. Furnish projects completed or currently under contract within the last 5 years that include snow and ice control experience. The projects must illustrate familiarity with all aspects of the services described in the Special Specification 9902, with an emphasis on traffic control and general matters of employee and public safety. 4) References. Provide contact information of 1-2 references from each of the projects included. Contact information shall include their name, title, role on the project, email address, telephone number, and physical address for each project referenced with whom the Proposer has/had contract(s). The Authority reserves the right, at its sole discretion, to contact the individual(s) listed in the “References” section of the Application for Qualification without informing the Proposer, but shall have no obligation to do so. H. Management (Six Page Limit). 1) The Proposer must provide a separate attachment titled “Management Plan.” The Proposer will be expected to provide competent field staff and qualified supervisory personnel who will manage the Work on a day-to-day basis. Resumes provided for key personnel will not count toward the page limit. If the Proposer intends to use a subcontractor or subcontractors to fulfill some of the duties of the key personnel, provide the same information for each such subcontractor as is required for the Proposer. Refer to Special Specifications 9901 and 9902 for additional requirements of the key personnel. 2) Complete the information for each key personnel who will hold the following

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positions listed below and identified in the Management Plan. The Proposer shall not replace the key personnel identified until the Contract is executed. Any changes to the key personnel shall be submitted to the Authority for review and approval at least thirty (30) calendar days prior to the replacement of the key personnel. (Key personnel can hold more than one position. a) Project Manager. On-site personnel with management experience related to total routine maintenance contracts b) Structural Engineer. Engineer, licensed by the State of Texas, with experience in total routine maintenance contracts. c) Civil Engineer. Engineer, licensed by the State of Texas, with experience in total routine maintenance contracts. d) Licensed Electrician. An individual meeting the requirements as specified by Item 7.15 of the Standard Specifications with experience in total routine maintenance contracts. e) Landscape Supervisor. An individual with the required certifications and/or licenses and experience with total routine maintenance contracts. f) Traffic Control Supervisor. An individual with the required certifications and experience with total routine maintenance contracts. g) Pest Control Supervisor. An individual with the required certifications and experience with total routine maintenance contracts. h) Safety Officer. An individual with the required certifications and experience with total routine maintenance contracts. I. Business Diversity Plan (One Page Limit) In addition to submitting the Form 4906 that excludes Unit Price and Total Per Item, the Proposer must provide a separate attachment titled “Business Diversity Plan”. The Business Diversity Evaluation Criteria is as follows: 1. Respondent demonstrates that the business diversity plan meets or exceeds the established goal (6 points)

 The D/M/WBE firm(s) to be utilized to meet or exceed the diversity goal on the project.  The business diversity plan submitted meets or exceeds the diversity goal percentage established by the business diversity department for the procurement.  The business diversity plan submitted incorporates meaningful work and significant project roles for D/M/WBE firm(s). The D/M/WBE firm(s) has the opportunity to be exposed to experiences that allow for professional growth and the development of marketable skills. (Examples of meaningful work and significant project roles include participation as team lead or project manager).

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2. Respondent demonstrates subcontractor participation on previous/similar projects (4 points)  Respondent demonstrates D/M/WBE subcontractor participation on previous/similar projects and D/M/WBE(s) participation is part of the Respondents normal business practice. (2 points)  Respondent has participated in a teaming or partnership arrangement with a certified D/M/WBE subcontractor in the last two (2) years. (Example of a teaming or partnership arrangement can include contractor/subcontractor relationship, participation in a mentor-protégé program or a joint venture relationship).  Please include the company name and scope of work performed by the D/M/WBE partner. (2 points)

J. Acknowledgment by the Proposer. The Proposer must provide the complete and correct name of the person authorized to sign the proposal. In the case of a joint venture, provide the complete and correct name of all persons authorized to sign proposal.

4. Scoring System. The following scoring system will be used for evaluating the Application for Qualification: Section Maximum Possible Point Value Executive Summary [5] Work Plan [30] Technical Plan [25] Management Plan [30] Business Diversity Plan [10]

An Application for Qualification that attains a score of eighty (80) points or higher out of a possible one hundred (100) points will be considered as meeting the qualification requirements of this Special Provision. The Authority reserves the right, at its sole discretion, to contact any Proposer to seek clarification regarding information contained in their Application for Qualification, but shall have no obligation to do so. In submitting its Application for Qualification, a Proposer should not assume it will be provided an opportunity to subsequently clarify or otherwise discuss any feature thereof. The Authority reserves the right to waive any and all defects and technicalities that are deemed in the best interest of the Authority in Attachments 1 and 2 presented by Proposers in determining the lowest responsible Proposer.

5. Evaluation of “Attachment 1” Qualifications. The Authority will review all Applications for Qualifications. The Authority shall return the “Attachment 2” Proposals to all Proposer whose Application for Qualifications do not meet all the

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Authority’s qualification requirements as set forth in this Special Provision in all material respects, as determined by the Authority at its sole discretion.

6. Evaluation of “Attachment 2” Proposals. The Authority will review price proposals for the Proposers whose Application for Qualification meets all the Authority’s qualification requirements as set forth in this Special Provision in all material respects, as determined by the Authority at its sole discretion. The Contract will be awarded to the lowest responsible Proposer in accordance with the Item 3, “Award and Execution of Contract” of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and the NTTA Special Provision SP-3, “Award and Execution of Contract.”

7. Conflicts. This Special Provision operates in addition to all similar requirements contained in the Proposal Book, including the provisions of NTTA Special Provision to Item 2, “Instructions to Proposers”, of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, except to the extent of any conflicts therewith, in which case this Special Provision shall control.

8. Public Information Act. All items submitted as part of the Application for Qualification and the information contained therein and all opened Proposals received from Proposers shall be subject to the Public Information Act (Texas Government Code Chapter 552) and shall become the property of the Authority.

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Page 9 of 217 ATTACHMENT 1

ATTACHMENT “AFQ” - APPLICATION FOR QUALIFICATION

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1 - 6 County: Tarrant and Johnson Project: Total Routine Maintenance for the Chisholm Trail Parkway

The undersigned, whether one or more, hereinafter referred to as “Proposer,” has completed and signed this Application for Qualification pursuant to the “Special Provision - Qualification Requirements” (the “Special Provision”) and as a condition to being qualified as a responsible Proposer for the Work described therein.

1. GENERAL INFORMATION.

Full legal name under which the Bidder wishes to bid. A. The Bidder is a:

Individual Registered Limited Liability Partnership Corporation General Partnership Limited Liability Company (LLC) S Corporation Limited Partnership B. The Bidder’s address:

Street City State Zip Code

Post Office Box Zip Code Area CodeTelephone Number

C. Complete the following information as and to the extent it applies to the Bidder’s business entity in the space provided:

1. The name of the owner of the individual business entity, whether operating under an assumed name or own name.

2. The names of all the general partners of a partnership.

Created: Jan-10 1 of 16 SP-0.25.AFQ

Page 10 of 217 3. The names and titles of all corporate officers (or members/managers of LLC).

The North Texas Tollway Authority (NTTA) will presume, unless otherwise advised, that the individual, the general partners or limited partners of a partnership, officers of a corporation or members/managers of a limited liability company listed above are authorized to execute and deliver this Application for Qualification in behalf of their firm.

2. CAPACITY TO DO THE WORK.

A. The Proposer is capable of performing the Total Routine Maintenance for the Chisholm Trail Parkway in the project range of:

$100,000 to $500,000 $500,001 to $1,000,000 $1,000,001 to $3,000,000 $3,000,001 to $5,000,000 $5,000,001 to $10,000,000 greater than $10,000,000

3. BONDING.

Attach a letter from the bonding surety indicating its willingness to provide a bond to the Bidder for the full value of the project including the original contract amount and additional amounts included in the change orders thereafter.

Name of bonding surety (A. M. Best’s rating):

Name and address of bonding agent:

Telephone number: Fax number:

The Proposer is qualified for bonding capacity of: $100,000 to $500,000 $500,001 to $1,000,000 $1,000,001 to $3,000,000 $3,000,001 to $5,000,000 $5,000,001 to $10,000,000 greater than $10,000,000

Created: Jan-10 2 of 16 SP-0.25.AFQ

Page 11 of 217 4. EXECUTIVE SUMMARY. (Two Page Limit)

By separate attachment, provide an Executive Summary written in non-technical language summarizing the Proposer’s overall capabilities and suggested approaches for accomplishing the Work.

5. WORK PLAN. (Six Page Limit)

By separate attachment, describe the Proposer’s plan and approach for accomplishing the individual items of the Work and its methods of ensuring compliance with the Specifications based on a six-year contract. Show when major resources (materials, supplies, equipment, etc.) will be purchased, leased or rented to support the Work Plan. Describe the overall manpower and equipment required and their availability. Explain the preventative, predictive and run-to-fail maintenance strategies that will be used on the various infrastructures on the Chisholm Trail Parkway (CTP). Describe how subcontractors, if any, will be engaged to accomplish specific components of the Work.

A. Indicate the number of years of experience for each service type listed below: Type of Services Year(s) of Experience Pavement Maintenance Mowing, Litter/Debris Pick-Up and Sweeping Landscape (all plant material with beds, trees and irrigation) and Turf Maintenance Erosion Control Embankment and Slope Maintenance Graffiti Removal Channel, Ditch, Detention Pond and Storm Water System Maintenance Retaining and Sound/Screen Wall Maintenance Fence and Railing Maintenance Sign Maintenance Area and Roadway Lighting Maintenance Pavement Marking/Graphics and Marker Maintenance Attenuator, Guardrail, End Treatment & Concrete Traffic Barrier Maintenance Barrier Markers, Object Markers and Delineator Maintenance Bridge Maintenance Building / Facility Maintenance Janitorial Services Pavement Marking/Graphics and Marker Maintenance

Created: Jan-10 3 of 16 SP-0.25.AFQ

Page 12 of 217 Condition Assessment Inspections Traffic Control Safety Plan Development and Execution Emergency Management Snow and Ice Control Others:

6. TECHNICAL PLAN. (Thirteen Page Limit)

By separate attachment, provide a technical plan based on the three/five/eight-year term of the Contract and explains the technical approach to accomplishing the Work addressed in the Special Specifications and Proposal Form.

Technical Capabilities (Five Page Limit). Explain the capabilities, materials, equipment and number of employees necessary to accomplish the tasks comprising the Work. Provide specifics on crew sizes and approximate frequencies of activities and inspections (e.g., mowing, litter pick-up, etc.) for pavement maintenance crews, pavement marking maintenance crews, bridge maintenance crews, landscaping crews, attenuator crews, lighting maintenance crews, snow and ice control, etc. covering all Work addressed in the Special Specifications. Describe anticipated pavement preventative maintenance activities, planned to maintain the current condition at the end of this contract. For all Work activitites, describe the Health & Safety Program and safety standards that will be followed. Identify significant development difficulties that may be anticipated in performing the Work and indicate how those difficulties will be resolved. Any specific innovative techniques to be used should also be described. The NTTA is dedicated to preserving the health, safety and welfare of all members of the general public and its construction teams. Describe the proposed traffic control measures to be performed.

Facility Capabilities (Three Page Limit). Provide a description and location of the Proposer’s facilities and those of any proposed subcontractors, as they currently exist and as they will be supplemented or modified, for the purpose of the Work.

Subcontractors (Five Page Limit). Identify and subcontractor proposed to assist the Proposer in providing maintenance activity or otherwise accomplishing the Work. Describe the Work activity anticipated to be performed by subcontractors and their experience in performing those activities o projects of a similar nature. Describe the type, quantity of equipment and the number of employees the subcontractor will have committed and available to each Work activity assigned to that subcontractor.

7. PAST PERFORMANCE.

A. Confirm that the Proposer: True False 1. is not currently suspended, excluded from, or determined to be ineligible for bidding on any federal, TxDOT, NTTA, and local projects

Created: Jan-10 4 of 16 SP-0.25.AFQ

Page 13 of 217 2. does not have a proposed debarment pending with any federal agency; 3. has not been indicted, convicted, or had a civil judgment rendered against it or any person(s) indicated above by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years; and 4. did not have any contract that was terminated, damages assessed, or bonds attached due to the Proposer’s default.

Created: Jan-10 5 of 16 SP-0.25.AFQ

Page 14 of 217 B. Total Routine Maintenance. Furnish information on completed projects or projects currently under contract within the last five (5) years. Attach additional pages of project information as required.

Project #1. Project name and address:

Owner or agency name(s): Address(es): Types of service provided by the Proposer:

Type of project provided by the Proposer: Roadway Bridge Building / Facility Airport Railway or Light Rail Awarded contract amount and final contract amount: Begin/end date of construction project and duration: The Proposer’s role is: Prime contractor Subcontractor Supplier

Name, role, and company of 3 key personnel working in project #1:

Project description:

Created: Jan-10 6 of 16 SP-0.25.AFQ

Page 15 of 217 Project #2. Project name and address:

Owner or agency name(s): Address(es): Types of service provided by the Proposer: Type of project provided by the Proposer: Roadway Bridge Building / Facility Airport Railway or Light Rail Awarded contract amount and final contract amount: Begin/end date of construction project and duration: The Proposer’s role is: Prime contractor Subcontractor Supplier

Name, role, and company of 3 key personnel working in project #2:

Project description:

Created: Jan-10 7 of 16 SP-0.25.AFQ

Page 16 of 217 Project #3. Project name and address:

Name, role, and company of 3 key personnel working in project #3:

Project description:

Created: Jan-10 8 of 16 SP-0.25.AFQ

Page 17 of 217 Project #4. Project name and address:

Name, role, and company of 3 key personnel working in project #4:

Project description:

Created: Jan-10 9 of 16 SP-0.25.AFQ

Page 18 of 217 C. Snow and Ice Control. Furnish information on completed projects or projects currently under contract within the last five (5) years. Attach additional pages of project information as required.

Project #1. Project name and address:

Owner or agency name(s): Address(es): Types of service provided by the Proposer:

Name, role, and company of 3 key personnel working in project #1:

Project description:

Created: Jan-10 10 of 16 SP-0.25.AFQ

Page 19 of 217 Project #2. Project name and address:

Name, role, and company of 3 key personnel working in project #2:

Project description:

Created: Jan-10 11 of 16 SP-0.25.AFQ

Page 20 of 217 Project #3. Project name and address:

Name, role, and company of 3 key personnel working in project #3:

Project description:

Created: Jan-10 12 of 16 SP-0.25.AFQ

Page 21 of 217 8. REFERENCE. By submitting the following information, the Proposer unconditionally authorizes the NTTA to contact and confer with the indicated client contact(s) and other current or past employees of that client. Attach additional pages of references as necessary.

A. Project Name: Contact Name and Title: Role on Project: Email Address and Telephone Number: Address:

B. Project Name: Contact Name and Title: Role on Project: Email Address and Telephone Number: Address:

C. Project Name: Contact Name and Title: Role on Project: Email Address and Telephone Number: Address:

D. Project Name: Contact Name and Title: Role on Project: Email Address and Telephone Number: Address:

E. Project Name: Contact Name and Title: Role on Project: Email Address and Telephone Number: Address:

F. Project Name: Contact Name and Title: Role on Project: Email Address and Telephone Number: Address:

Created: Jan-10 13 of 16 SP-0.25.AFQ

Page 22 of 217 9. PROJECT MANAGEMENT TEAM. Provide resume for each key personnel who will be assigned to the proposed project. Key personnel shall be full-time employee.

A. By separate attachment, provide a management plan which describes the Proposer’s administration, management key personnel and experience on similar projects and proposed for the Scope of Work for this contract. For each key personnel, describe their skills, knowledge and experience for the Work to be performed in the proposed project.

Provide a one-page resume for each key personnel in a separate Appendix, which will not count towards this section’s page limit.

B. Include the following information for each Key Personnel below:

Name of Key Personnel #1: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #1 is: Prime contractor Subcontractor

Name of Key Personnel #2: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #2 is: Prime contractor Subcontractor

Name of Key Personnel #3: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #3 is: Prime contractor Subcontractor

Name of Key Personnel #4: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #4 is: Prime contractor Subcontractor

Created: Jan-10 14 of 16 SP-0.25.AFQ

Page 23 of 217 Name of Key Personnel #5: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #5 is: Prime contractor Subcontractor

Name of Key Personnel #6: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #6 is: Prime contractor Subcontractor

Name of Key Personnel #7: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #7 is: Prime contractor Subcontractor

Name of Key Personnel #8: Number of years of service: Responsible position for the proposed project: Telephone number: The key personnel #8 is: Prime contractor Subcontractor

10. BUSINESS DIVERSITY PLAN. (One Page Limit)

By separate attachment, provide a business diversity plan that meets or exceeds the project’s established goal. The plan should demonstrate subcontractor participation on pervious/similar projects.

Created: Jan-10 15 of 16 SP-0.25.AFQ

Page 24 of 217 11. ACKNOWLEDGMENT BY THE PROPOSER

The undersigned certifies that the foregoing statements and estimates including, but not limited to, statements concerning the identity, experience, and qualifications of the bidder and any subcontractors identified herein, were made in good faith and after due consideration, and acknowledges that the North Texas Tollway Authority shall be relying upon the accuracy of same in evaluating the qualification of the Bidder (and its subcontractors) as a responsible bidder for the Work. The Bidder acknowledges and agrees that its responses to this Application for Qualification shall be true and correct in all material respects both at the time the Application for Qualification is submitted and when the Contract is awarded. Such responses shall be a part of the Contract. The Bidder hereby authorizes the North Texas Tollway Authority, at any time prior to or after the award of the Contract, to contact any individuals listed in this Application for Qualification, or to make any other inquiries it desires, to confirm the accuracy of the information provided in the Application for Qualification. A material misstatement or other inaccuracy in the Application for Qualification shall entitle the North Texas Tollway Authority, at its sole discretion and without limiting its other rights and remedies under law, to either (1) disqualify the Bidder from bidding on the Work or, (2) if the Contract has been awarded to the Bidder, declare the Contractor in default thereunder and exercise any resulting remedies, including termination.

PROPOSER:

Insert Bidder’s full legal name:

By:

Print signer’s name:

Print signer’s title:

Address

Created: Jan-10 16 of 16 SP-0.25.AFQ

Page 25 of 217 COMMITMENT AGREEMENT FORM Form NTTA 4906 FOR ALL SUBCONTRACTORS (Please complete one form for each subcontractor) This commitment is subject to the award and receipt of a signed contract from the North Texas Tollway Authority for the subject project.

Project Description: County: Contract No:

Corridor/Project: Segment/Section: Items of work/service to be performed* (attach a list of work/service items, if more room is required):

Work/Service Description Unit Price Quantity/Percentage Total Per Item

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $ IMPORTANT! The signatures of the prime contractor, the subcontractor, and the total commitment amount must always be on the same page. Prime Contractor: Name: Contact Name: Title: Signature: Address: City: ST, Zip: Phone: Fax: Date: Email: Name: Subcontractor: 8(a) DBE MBE WBE SBE Non-Minority Title:

Certification Entity: Signature: Contact Name: Address: City: ST, Zip: Phone: Fax: Date: Email: 2nd Tier Sub: Name:

8(a) DBE MBE WBE SBE Non-Minority Title:

Certification Entity: Signature: Contact Name: Address: City: ST, Zip: Phone: Fax: Date: Email: The NTTA maintains the information collected through this form. With few exceptions, upon request you may be informed of the information that is collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you are permitted to receive and review the information. Under Section 559.004 of the Texas Government Code, you are also permitted to have the NTTA correct information about you that it is incorrect.

To ensure prompt and efficient handling of your project file, we are requesting that all commitments be presented to the NTTA's stakeholder using this form.

Revised August 2010 Page 26 of 217 ATTACHMENT 2

Contract No.: 04344-CTP-00-CN-MA County: Tarrant and Johnson March, 2017

PROPOSAL TO THE NORTH TEXAS TOLLWAY AUTHORITY FOR THE TOTAL ROUTINE MAINTENANCE

FOR THE CHISHOLM TRAIL PARKWAY A TOLLWAY PROJECT OF THE NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROJECTS SYSTEM

From: IH 30 To: US 67 Sections: 1-6

The terms “bidder”, “Contractor”, “Authority”, “proposal”, “contract”, “payment bond”, “performance bond”, “warranty bond”, “work”, “project”, “substantial completion”, “final completion”, “Special Provisions”, “Special Specifications”, “General Notes and Specification Data”, “Texas Standard Specifications”, “Standard Specifications”, “Letting Official”, and other terms used herein or elsewhere in the contract that are defined in Item 1 of the Texas 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 the Authority, its agents, directors, employees, consultants or fiduciaries; that in submitting this proposal it is not acting as agent for any agent, director, employee, consultant or fiduciary of the Authority; that it has carefully examined the form of the 2004 Specifications 1 of 6 Revised: Aug-16 DOC_003.4

Page 27 of 217 04344-CTP-00-CN-MA PROPOSAL (Continue)

contract attached hereto, the forms of payment bond, performance bond, and warranty bond attached hereto, the Texas 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 the Authority 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.

2004 Specifications 2 of 6 Revised: Aug-16 DOC_003.4

Page 28 of 217 04344-CTP-00-CN-MA PROPOSAL (Continue)

The work to be performed under this contract shall be completed in full in 6 years from the date of the Notice to Proceed.

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 the Authority. A proposal guaranty in the form of a bid bond must be on the bid bond form provided by the Authority, 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 Authority, 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 the Authority and shall be considered as the Authority's remedy and relief, and as liquidated damages, for damages due to delay and other inconveniences suffered by the Authority 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.

2004 Specifications 3 of 6 Revised: Aug-16 DOC_003.4

Page 29 of 217 04344-CTP-00-CN-MA PROPOSAL (Continue)

Acceptance of this proposal by the Authority shall be made in writing and shall be deemed effective as of the date that notice of the Authority'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 the Authority reserves the right to reject any or all bids.

In the event that this proposal is accepted by the Authority, the bidder shall procure payment and performance bonds if required by the contract for the full amount of the contract so as to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until the Authority 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 work shall be accepted when fully completed in a good and workmanlike manner and finished to the entire satisfaction of the Authority.

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 the Authority, including, but not limited to, lost revenue, additional interest on monies borrowed, increased administrative, legal and engineering costs, and other tangible and intangible losses.

2004 Specifications 4 of 6 Revised: Aug-16 DOC_003.4

Page 30 of 217 04344-CTP-00-CN-MA PROPOSAL (Continue)

In conformity with Article 8.5, “Failure to Complete Work on Time”, of the Texas Standard Specifications, as modified by the Special Provisions and Special Specifications, the charge that the Contractor shall pay for each maintenance activity that it is in default on timeliness to complete the work shall be in accordance with the definitions outlined in Special Specification 9901: “Performance Based Total Routine Maintenance of Chisholm Trail Parkway” and Special Specification 9902: “Snow and Ice Control” “and Special Specification 9903: “Chisholm Trail Parkway Barricades, Signs, and Traffic Handling for the Maintenance of IT Equipment.”.

By submitting a Proposal, the bidder agrees to comply with the 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 the 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.

2004 Specifications 5 of 6 Revised: Aug-16 DOC_003.4

Page 31 of 217 04344-CTP-00-CN-MA PROPOSAL (Continue)

Bidder: The Bidder’s Name: *Note: Signatures must comply *Signed: with Article 2.6 of the Texas Address Standard Specifications, as amended by Special Provision to Address Item 2.

Please return the proposal guaranty to: Name Address Address

2004 Specifications 6 of 6 Revised: Aug-16 DOC_003.4

Page 32 of 217 04344-CTP-00-CN-MA

ATTACHMENT 2

NORTH TEXAS TOLLWAY AUTHORITY “BID BOND”

KNOW ALL PERSONS BY THESE PRESENTS, That we, (Bidder Name) hereinafter called the 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, hereinafter called the Obligee, in the sum of ONE HUNDRED THOUSAND and No/100 Dollars ($ 100,000.00), 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 the Obligee, identified as:

NOW, THEREFORE, if the Obligee 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 the Obligee 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 Obligee, 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

2004 Specifications 1 of 1 Created: Feb-05 Page 33 of 217 March, 2017

ATTACHMENT 2

NORTH TEXAS TOLLWAY AUTHORITY NOTICE TO THE BIDDER “TOTAL BID AMOUNT” TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE DO NOT INCLUDE WITH THE APPLICATION FOR QUALIFICATION

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson

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 (the Authority) 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 the Authority. 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

2004 Specifications 1 of 1 Created: Feb-05 Page 34 of 217 March, 2017

ATTACHMENT 2

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

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson

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

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.

2004 Specifications 1 of 1 Created: Feb-05 Page 35 of 217 ATTACHMENT 2

NORTH TEXAS TOLLWAY AUTHORITY “AFFIDAVIT - CONFLICT OF INTEREST”

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 Project: Total Routine Maintenance for the Chisholm Trail Parkway

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

2004 Specifications 1 of 1 Revised: Nov-2015

Page 36 of 217 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).

Signature of vendor doing business with the governmental entity Date

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 37 of 217 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 38 of 217 ATTACHMENT 2

NORTH TEXAS TOLLWAY AUTHORITY “AFFIDAVIT - ANTI-COLLUSION”

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 Project: Total Routine Maintenance for the Chisholm Trail Parkway

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

2004 Specifications 1 of 1 Revised: Dec-12 Page 39 of 217 March, 2017 ATTACHMENT 2

NORTH TEXAS TOLLWAY AUTHORITY “CERTIFICATION OF DEBARMENT”

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 Project: Total Routine Maintenance for the Chisholm Trail Parkway

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 the 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 the 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

Created: Jan-08 1 - 1

Page 40 of 217 ATTACHMENT 2 BDD_DOC_1_Rev-5

BUSINESS DIVERSITY PROGRAM

NORTH TEXAS TOLLWAY AUTHORITY “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 (the Authority) is committed to providing contracting opportunities for disadvantaged, minority, women-owned, and small business enterprises (D/M/WBE). In this regard, the Authority 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) outline the procedures, provisions and compliance requirements to support and comply with the Authority’s Diversity Policy. The CCM is approved and incorporated into the contract by reference for all purposes by the Authority.

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,

Revised June 2014 1

Page 41 of 217 ATTACHMENT 2 BDD_DOC_1_Rev-5 intensity, and appropriateness to the objective, can reasonably be expected to, either individually or collectively, achieve the goal.

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 the 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 the Authority with the proposal.

Information for construction and maintenance related projects

For all construction and maintenance related projects, Form 4906 must be submitted to the Authority 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 the Authority’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.

Revised June 2014 2

Page 42 of 217 ATTACHMENT 2 BDD_DOC_1_Rev-5

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

Contract No.: 04344-CTP-00-CN-MA Project: Total Routine Maintenance for the Chisholm Trail Parkway

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 _____30___% of total contract amount

Pursuant to the Authority’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

Revised June 2014 3

Page 43 of 217 COMMITMENT AGREEMENT FORM Form NTTA 4906 FOR ALL SUBCONTRACTORS (Please complete one form for each subcontractor) This commitment is subject to the award and receipt of a signed contract from the North Texas Tollway Authority for the subject project.

Project Description: County: Contract No:

Corridor/Project: Segment/Section: Items of work/service to be performed* (attach a list of work/service items, if more room is required):

Work/Service Description Unit Price Quantity/Percentage Total Per Item

Certification Entity: Signature: Contact Name: Address: City: ST, Zip: Phone: Fax: Date: Email: 2nd Tier Sub: Name:

8(a) DBE MBE WBE SBE Non-Minority Title:

To ensure prompt and efficient handling of your project file, we are requesting that all commitments be presented to the NTTA's stakeholder using this form.

Revised August 2010 Page 44 of 217 Form NTTA 4908 NORTH TEXAS TOLLWAY AUTHORITY SUBCONTRACTOR FINAL REPORT

Original Contract Contract No.: Amount: -$ SA/WA/ETC#: Final Contract Amount: -$ Contractor: D/M/WBE Goal Amount: -$ Goal Amount D/M/WBE Goal: Attained to Date: -$

SBE, DBE, MBE, WBE, Final Amount Paid To Name of Subcontractor/Supplier Non-Minority Subcontractor to Date D/M/WBE Certified Firms: $ - $ - $ - $ - $ - $ - $ -

MWSDBE Totals: Total: $ - SBE Firms: $ - $ - $ - $ - Total: $ - Non-Minority Firms: $ - $ - $ - $ - $ - $ - Non-Minority Firm Totals: Total: $ -

* Include payments to all NON-MINORITY and certified DBEs, WBEs,MBEs and SBEs. Thisistocertifythat 0.0% of the work was completed by D/M/WBE firms, as stated above. IF THE GOAL WAS NOT ATTAINED, THEN ATTACH DOCUMENTATION THAT EXPLAINS THE REASONING.

Signature of General Contractor: ______Date: ______

AFFIX NOTARY STAMP/SEAL ABOVE

Sworn to and subscribed before me, by the said ______, this the ______day of ______, 20____, to certify which, witness my hand and seal of office.

Signature of Notary Printed Name of Public: ______NotaryPublic: ______

The NTTA maintains the information collected through this form. With few exceptions, upon request you may be informed of the information that is collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you are permitted to receive and review the information. Under Section 559.004 of the Texas Government Code, you are also permitted to have the NTTA correct information about you that it is incorrect.

Revised January 2012

Page 45 of 217 ATTACHMENT 2

CONTRACT: 04344-CTP-00-CN-MA HIGHWAY: Chisholm Trail Parkway, SECTIONS: 1-6 COUNTY: Tarrant and Johnson

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 2002 PREPARING ROW STA 73.00 $ 3,750.00 $273,750.00 1 162 2002 BLOCK SODDING SY 4,59.3 $ 2.25 $10,334.25 2

NOTE: To help the bid tabulation process, please skip a line after the eleventh item, the twenty-second item, and after succeeding multiples of eleven.

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

2004 Specifications Created: Feb-05 Page 46 of 217 NORTH TEXAS TOLLWAY AUTHORITY "UNIT DESCRIPTION AND BID PRICE SCHEDULE"

Contract: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Segments: 1-6 County: Tarrant and Johnson

ITEM APPROX. AMOUNT DEPT USE ITEM ITEM S.P. UNIT BID PRICE ONLY - WRITTEN IN WORDS UNIT QUANTITIES ONLY NO. CODE NO. 9901 7001 TOTAL ROUTINE MAINTENANCE FOR THE MO 72 1 CHISHOLM TRAIL PARKWAY Dollars $______and Cents

9902 7001 SNOW & ICE CONTROL (RED) HR 900 2 Dollars $______and Cents

9902 7002 SNOW & ICE CONTROL (ORANGE) HR 468 3 Dollars $______and Cents

9903 7001 CHISHOLM TRAIL PARKWAY BARRICADES, SIGNS, MO 67 4 AND TRAFFIC HANDLING FOR THE MAINTENANCE OF IT EQUIPMENT Dollars $______and Cents

TOTAL BID $______

2004 Specifications Created: Feb-05 Jan 2017 Page 1 of 1

Page 47 of 217

04344-CTP-00-CN-MA January, 2017

NORTH TEXAS TOLLWAY AUTHORITY CHISHOLM TRAIL PARKWAY SEGMENTS 1-6 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 June 1, 2004 (referred to herein as the “Standard Specifications” or the “Texas 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: http://www.dot.state.tx.us/business/specifications.htm.

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

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.

TxDOT Special Provisions unless otherwise noted: NTTA Special Provision Railroad Construction and Insurance (SP-0.01.1) Requirements NTTA Special Provision R.O.W. & Utility Relocations by Others (SP-0.02.1) NTTA Special Provision Sales and Use Tax Exemption (SP-0.04.0) NTTA Special Provision Existing Utilities (SP-0.05.0) NTTA Special Provision Value Engineering Proposals (SP-0.17.0) NTTA Special Provision Correction of Defects (SP-0.18.1) NTTA Special Provision NTTA Business Diversity PRISM (SP-0.20.3) Contract Compliance Tracking Software

NTTA Special Provision to Item 1 Definition of Terms (SP-1.5) NTTA Special Provision to Item 2 Instructions to Bidders (SP-2.4)

2004 Specifications 1 of 2 Revised: Aug-16

Page 49 of 217 04344-CTP-00-CN-MA January, 2017

NTTA Special Provision to Item 3 Award and Execution of Contract (SP-3.6) NTTA Special Provision to Item 5 Control of the Work (SP-5.2) NTTA Special Provision to Item 6 Control of Materials (SP-6.2) NTTA Special Provision to Item 7 Legal Relations and Responsibilities (SP-7.15) NTTA Special Provision to Item 8 Prosecution and Progress (SP-8.10) NTTA Special Provision to Item 9 Measurement and Payment (SP-9.4)

TxDOT Special Specifications Unless Otherwise Noted: NTTA Item 9901 Performance-Based Total Routine Maintenance of Chisholm Trail Parkway (References Item 8094) (SS-9901.1)

NTTA Item 9902 Snow and Ice Control (SS-9902.1)

NTTA Item 9903 Chisholm Trail Parkway Barricades, Signs, and Traffic Handling for the Maintenance of IT Equipment (References Item 502 and 6834) (SS-9903.0)

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.

2004 Specifications 2 of 2 Revised: Aug-16

Page 50 of 217 January, 2013

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS “RAILROAD CONSTRUCTION AND INSURANCE REQUIREMENTS”

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1 - 6 County: Tarrant and Johnson

This Special Provision – Important Notice to Contractors – “Railroad Construction and Insurance Requirements” supplements (a) Article 7.4, as amended by the Special Provision to Item 7, “Legal Relations and Responsibilities to the Public,” and (b) Article 7.16, “Work Near Railroad”. The Contractor’s construction activities will require its employees, agents, subcontractors, and deliveries of equipment and material to cross railroad properties and tracks owned and operated by Fort Worth & Western Railroad and Union Pacific Railroad. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties.

With respect to the above outlined insurance requirements, the following shall govern:

1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage shall be provided, each in the amount stated above.

2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor shall provide separate insurance policies in the name of each railroad company.

3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the

2004 Specifications 1 of 2 SP-0.01.1

Page 51 of 217 January, 2013 grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation.

4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations.

No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the Authority with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the Authority and each affected railroad company prior to the Contractor’s beginning work.

The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project.

Printed Name of Contractor Signature of authorized representative of Contractor

2004 Specifications 2 of 2 SP-0.01.1

Page 52 of 217 February, 2017

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS "R.O.W. AND UTILITY RELOCATIONS BY OTHERS"

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson

The Authority 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.

Outstanding Right-Of-Way to Be Acquired

PARCEL OWNER TARGET DATE NUMBER OF POSSESSION N/A N/A N/A

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.

2004 Specifications 1 of 1 SP-0.02.1 Revised: Sept - 2015

Page 53 of 217 February, 2005

NORTH TEXAS TOLLWAY AUTHORITY 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 the Authority 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.

The Authority 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.

2004 Specifications 1 of 1 SP-0.04.0

Page 54 of 217 February, 2005

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS "EXISTING UTILITIES"

Contractor is hereby notified that there are existing public and private utility entities which the Authority 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, the Authority 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".

2004 Specifications 1 of 2 SP-0.05.0

Page 55 of 217 February, 2005

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.

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.

2004 Specifications 2 of 2 SP-0.05.0

Page 56 of 217 July, 2008

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS "VALUE ENGINEERING PROPOSALS"

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson

The Contractor is encouraged to develop, prepare, and submit for the Authority’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 the Authority 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 the Authority 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 the Authority shall be shared with the Contractor on terms acceptable to the Authority and the Contractor. The Contractor acknowledges and agrees that the Authority shall have no obligation to accept or implement any proposal submitted by the Contractor.

2004 Specifications 1 of 1 SP-0.17.0

Page 57 of 217 December 2016

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS "CORRECTION OF DEFECTS"

Contract No.: 04344-CTP-00-CN-MA Highway: Chisholm Trail Parkway, Sections: 1-6 County: Tarrant and Johnson

Unless otherwise specifically provided in the Contract, all equipment, material and articles incorporated into the Work covered by the Contract shall be new and of the most suitable grade for the purposes intended.

The Contractor warrants that Work performed under this Contract shall be performed in a good and workmanlike manner and conform to the Contract requirements. The Contractor shall, without charge, replace or correct Work found by the Authority not to conform to Contract Plans, Standard Specifications, Special Specifications, or other requirements, terms, or conditions of the Contract.

With respect to all equipment, materials and designs furnished or workmanship performed by the Contractor or any subcontractor or supplier of Contractor at any tier, the Contractor warrants that the Work is free of defects, and the Contractor covenants to correct at the Contractor’s expense any defects in equipment, materials, and designs furnished or workmanship performed by the Contractor or any subcontractor or supplier of Contractor at any tier.

In addition, the Contractor shall remedy at the Contractor’s expense any damage to real or personal property owned or controlled by the Authority, when the damage is the result of the Contractor’s negligence, failure to conform to the Contract requirements, or any defect of equipment, material, workmanship, or design furnished. Damage to real or personal property shall be restored in a good and workmanlike manner as approved by the Engineer and in a manner to preserve all manufacturers’ warranties.

2004 Specifications 1 of 1 SP-0.18.1

Page 58 of 217 June 2014

NORTH TEXAS TOLLWAY AUTHORITY 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 the Authority’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 NTTA’s Business Diversity Department Contracting and Compliance Manual (CCM), if a contract includes a D/M/WBE subcontracting commitment, the prime contractor shall submit 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. NTTA Contractor’s Obligations The Contractor shall utilize the 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: http://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 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 on the NTTA website at: https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx. Within 14 days after the Contract is awarded, 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 the Authority at no cost. All PRISM system users shall complete the training prior to receiving access to the PRISM system; no exceptions will

2004 Specifications 1 of 2 SP-0.20.3

Page 59 of 217 June 2014

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.

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 plan set regarding the list of computer equipment and software required for this project to meet the requirements set forth in the Special Provision 0.19, “Important Notice to Contractors – NTTA Enterprise Project Delivery System”, if applicable . This same list of computer equipment and software required will suffice for the 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: http://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 on the NTTA website at: 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.

2004 Specifications 2 of 2 SP-0.20.3

Page 60 of 217 December, 2012

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 1 “DEFINITION OF TERMS”

For this Contract, the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, June 1, 2004 (the “Texas 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 hereby 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 TEXAS 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, NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROJECTS 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 TEXAS 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.

For this Contract, Item 1 of the Texas Standard Specifications is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 1.2, “Abbreviations,” is hereby supplemented by the following: NPDES National Pollution Discharge Elimination System DBE Disadvantaged Business Enterprise

2004 Specifications 1 of 6 SP-1.5

Page 61 of 217 December, 2012

SBE Small Business Enterprise MBE Minority Business Enterprise WBE Women Business Enterprise D/M/W/SBE Disadvantaged, Minority, Women-Owned and Small Business Enterprise Article 1.28, “Commission,” is hereby deleted and replaced by the following:

1.28. 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.

Article 1.33, “Contract,” is hereby deleted and replaced by the following:

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

Article 1.34, “Contract Documents,” is hereby deleted and replaced by the following:

1.34. Contract Documents. Elements of the Contract including, but not limited to, the plans, the form of Contract attached hereto, the Texas 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.

Article 1.45, “Debar (Debarment),” is hereby deleted and replaced by the following:

1.45. Debar (Debarment). Action taken by the Authority, 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 the Authority or in a highway improvement Contract as defined in Transportation Code, Chapter 223, Subchapter A.

Article 1.47, “Department,” is hereby deleted and replaced by the following:

1.47. 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 the context clearly indicates a contrary intent and meaning.

2004 Specifications 2 of 6 SP-1.5

Page 62 of 217 December, 2012

Article 1.50, “Disadvantaged Business Enterprise (DBE),” is hereby 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”.

Article 1.53, “Engineer,” is hereby deleted and replaced by the following:

1.53. Engineer. The Director of Project Delivery or Director of Maintenance for the Authority, or his or her duly authorized representative acting within the scope of his or her authority.

Article 1.58, “Hazardous Materials or Waste,” is hereby deleted and replaced by the following:

1.58. 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 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.

Article 1.70, “Letting Official,” is hereby deleted and replaced by the following:

1.70. Letting Official. The employee of the Authority, empowered by the Executive Director of the Authority, will officially receive bids and close the receipt of bids at an advertised letting.

Article 1.75, “Major Item,” is hereby deleted and replaced by the following:

1.75. Major Item. Any item of work included in the Contract that has a total cost equal to or greater than the lesser of (1) 5% of the total Contract amount (i.e. the original Contract amount, as modified by all Change Orders), or (2) $100,000.

Article 1.120, “Special Provisions,” is hereby supplemented by the addition of the following:

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

Article 1.123, “Small Business Enterprise (SBE),” is hereby 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”.

Article 1.124, “State,” is hereby deleted and replaced by the following:

2004 Specifications 3 of 6 SP-1.5

Page 63 of 217 December, 2012

1.124. 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.

Article 1.128, “Subcontractor,” is hereby deleted and replaced by the following:

1.128. Subcontractor. An individual, partnership, limited liability company, corporation, or any combination thereof to which the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, truck owner-operator, wholly owned subsidiary, or specialty-type businesses such as security companies and rental companies.

Article 1.133, “Supplemental Agreement,” is hereby amended by deleting the second sentence thereof, which is hereby replaced by the following:

A supplemental agreement will be used by the Authority 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 the Authority.

Article 1.146, “Work Order,” is hereby supplemented by the addition of the following:

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

Item 1 is hereby supplemented by the addition of the following Articles:

1.148. Authority. 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.

1.149. Bid. The offer of the bidder for performing the work described in the plans and specifications including any changes made by addenda.

1.150. 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 the NTTA to ensure participation of disadvantaged, minority, women-owned, and small businesses in NTTA procurement opportunities.

1.151. 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.

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1.152. Construction Manager. The consultant to the Authority, or its duly authorized representative, providing construction management, oversight, coordination, and liaison among contractors, the public, local governments, consultants, engineers, and the Authority. Unless otherwise designated by the Authority, the Construction Manager shall serve as the Engineer.

1.153. Consulting Engineers. The consultant to the Authority, 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.

1.154. Corridor Manager. The consultant to the Authority, or its duly authorized representative, charged by the Authority with responsibility to manage and oversee the planning, design, and construction of all sections of an Authority project throughout the entire length of the project corridor.

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

1.156. North Texas Tollway Authority System. A grouping of the following Turnpike projects of the Authority: the Dallas North Tollway, the Addison Airport Toll Tunnel, the President George Bush Turnpike, the Eastern Extension of the President George Bush Turnpike, 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 the Authority as a single operating system.

1.157. Design Section Engineer. The consultant to the Authority charged by the Authority 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.

1.158. Final Completion. As defined in Article 8.5, “Failure to Complete Work on Time,” which is set forth in the Special Provision to Item 8, “Prosecution and Progress.”

1.159. Procurement Policy. The “Policy Regarding Procurement of Goods and Services and Disposition of Property by the North Texas Tollway Authority,” adopted by the Authority under Authority Resolution 04-57, as amended from time to time.

1.160. Project. The construction improvement, expansion, and enlargement by the Authority of the North Texas Tollway Authority System, the North Texas Tollway Authority Special Projects System or any other turnpike project that the Authority 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

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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.”

1.161. Substantial Completion. As defined in Article 8.5, “Failure to Complete Work on Time”, which is set forth in the Special Provision to Item 8, “Prosecution and Progress.”

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

1.163. North Texas Tollway Authority Special Projects System. A grouping of the following Turnpike projects of the Authority: the Chisholm Trail Parkway and the President George Bush Turnpike Western Extension, together with all present and future expansions, extensions, enlargements, improvements, and rehabilitations thereto, all of which being financed, constructed, operated and administered by the Authority as a single operating system.

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NORTH TEXAS TOLLWAY AUTHORITY

SPECIAL PROVISION TO ITEM 2

“INSTRUCTIONS TO BIDDERS”

For this Contract, Item 2 of the Texas Standard Specifications is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 2.2, “Eligibility of Bidders,” is hereby deleted and replaced by the following:

2.2. Eligibility of Bidders. The Bidder must be capable of performing each of the various items of the work bid upon.

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. The Authority reserves the right, at its sole option, to request a hard copy of the TxDOT prequalification 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 the Authority. 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 hereby deleted and replaced by the following:

2.3. Issuing Proposal Forms.

A. Requests for Proposal Forms. A potential Bidder may view, purchase, and download the plans, specifications, and other related contract documents of a specific project online at http://www.thomasrepro.com/dfs/ntta. Vendors wishing to view, purchase, and download plans and specifications online must first register with Thomas Reprographics. A list of proposed construction procurements can be found at the Authority website (www.ntta.org).

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B. 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:

1. For a proposed Contract involving federal funds, at the time of the bid opening, the Bidder is disqualified or debarred by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits.

2. For any proposed Contract, at the time of the bid opening, the Bidder is suspended or debarred by the Texas Transportation Commission or the Authority, or is prohibited from rebidding a specific proposal because of bid error or failure to enter into a Contract of the first awarded bid.

3. For any proposed Contract, at the time of the bid opening, the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Authority to participate in the preparation of the plans or specifications on which the bid or Contract is based.

Article 2.5, “Examining Documents and Work Locations,” is hereby 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.

Make direct requests in writing to the Authority 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 the Authority to Bidders’ requests will be based upon such information and knowledge available to the Authority at the time of the request; however, the Authority does not warrant the accuracy of any such response.

Article 2.6, “Preparing the Proposal,” is hereby supplemented by the following:

Include, in a form prescribed by the Authority, 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.

Information adverse to the Bidder as contained in the certification will be reviewed by the Authority and by the Federal Highway Administration (FHWA), and may result in rejection of the bid and disqualification of the Bidder.

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Article 2.7, “Nonresponsive Proposals,” is hereby supplemented by the following:

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

Section 2.8.A. “Guaranty Check,” is hereby amended by replacing the reference to “Texas Transportation Commission” with “North Texas Tollway Authority”.

Article 2.9, “Delivery of Proposal,” is hereby deleted and replaced by the following:

2.9. Delivery of Proposal. Proposals shall be submitted to the location described in the official advertisement of the project. Place the completed proposal form, the certifications 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, place the envelope in another sealed envelope and address as indicated in the official advertisement of the project. 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 proposal arrives at the location described in the official advertisement on or before the hour and date set for the opening. The proposal must be in the hands of the Director of Procurement Services/NTTA Letting Official by that time, regardless of the method chosen for delivery, in order to be accepted.

Article 2.14.C, “Rounding of Unit Prices,” is hereby deleted and replaced by the following:

C. Rounding of Unit Prices. The Authority will round off all unit bids involving fractional parts of a cent to the nearest whole cent ($0.00) 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 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.

Article 2.14.E, “Consideration of Unit Prices,” is hereby amended by deleting the first paragraph of that Article, which is hereby replaced by the following:

E. Consideration of Unit Prices. 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).

Article 2.14.F, “Consideration of Alternate Items,” is hereby amended by deleting the first paragraph of that Article, which is hereby replaced by the following:

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F. Consideration of Alternate Items. The Authority will make two calculations using one cent ($0.01) for each item if:

Article 2.15, “Consideration of Bid Errors,” is hereby amended by deleting the last paragraph of that Article, which is hereby replaced by the following:

Acceptance of the bid error claim will, as determined solely by the Authority, 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 the Authority 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 the Authority.

Item 2 is hereby supplemented by the addition of the following Articles:

2.17. 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 the Authority 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, the Authority may terminate the Contract for cause or default; and ● agree to provide immediate written notice to the Authority 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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NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 3 “AWARD AND EXECUTION OF CONTRACT”

For this Contract, Item 3 of the Standard Specifications is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 3.1, “Award of Contract,” is hereby deleted and replaced by the following:

3.1. Award of Contract. Within 100 days after the opening of proposals, the Authority or designated representative will award the Contract, reject all proposals, or defer awarding the Contract or rejecting all proposals for up to 210 days following the opening of proposals. The Authority reserves the right to reject any or all proposals and to waive technicalities, which are in the best interest of the Authority.

The award of the Contract shall occur when the Authority’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 the Authority to enter into the Contract.

A. Award. The Authority or designated representative will award the Contract to the lowest responsible Bidder as determined by Article 2.14, “Tabulating Bids.” The Authority may award a Contract to the second lowest responsible Bidder when all of the following requirements have been met:

1. The lowest responsible Bidder withdraws its bid, or the Authority determines the lowest Bidder materially fails to meet the Authority’s qualification requirements, or the Authority rejects the lowest bid under Article 3.1.B, “Rejection of Low Bid,” of this Special Provision.

2. The second lowest responsible Bidder’s unit bid prices are reasonable as determined by the Executive Director.

3. The Executive Director recommends in writing the award of the Contract to the second lowest responsible Bidder.

B. Rejection of Low Bid. The Authority 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:

1. The low bid is mathematically and materially unbalanced; or

2. The low bid contains a bid error that satisfies the requirements and criteria in

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Article 2.15, “Consideration of Bid Errors.”

C. Rejection of All Bids. The Authority will reject all proposals if any of the following exist:

1. Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future proposals for the same Contract.

2. The lowest bid is materially higher than the Authority’s estimate and the Authority determines that re-advertising for bids is likely to result in a lower bid.

3. Rejection of the Contract is in the best interest of the Authority.

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

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

3.3. 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.

Article 3.4, “Execution of Contract,” is hereby amended as follows:

3.4 Execution of Contract

1. Delete the words “and Surety” in Article 3.4.A., “Contracts”; and

2. Add the following paragraphs to the end of Article 3.4.B., “Bonds,” immediately after “Table 1” thereof:

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 the Authority for the faithful performance of all warranty obligations regarding the work.

For all federally funded projects, submit within 15 days, after written notification of the award of the Contract, an executed retainage bond with powers of attorney in the amount of 10% of the full amount of the Contract price. The retainage bond is to be used as a guaranty for the protection of any claimants and the Authority for overpayments, liquidated damages, and other deductions or damages owed by the Contractor in connection with the Contract.

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

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3.5. Failure to Enter Contract.

A. 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 the Authority, 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.

B. 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, the Authority 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:

1. The second lowest responsible Bidder’s unit bid prices are reasonable, as determined by the Executive Director.

2. The Executive Director recommends in writing the award of the Contract to the second lowest responsible Bidder.

If the Authority 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 hereby deleted and replaced by the following:

3.6. Award and Execution of Contract. The Authority’s award and execution of this Contract will be made or withheld pursuant to the provisions of the Regional Tollway Authority Act and the Authority’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 the Authority determines that termination of the procurement is in the best interest of the Authority or the public, then regardless of whether the award has been made, the Authority may terminate the procurement at any time before the Authority’s execution of the Contract. By submitting

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Page 73 of 217 December, 2012 a bid, each Bidder waives any and all claims against the Authority for all loss, cost expense, liability, or other damages suffered by the Bidder due to the Authority’s termination of the procurement before the full execution of the Contract.

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

3.7. 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 is hereby supplemented by the addition of the following Articles:

3.11. Independent Contractor. Operate entirely as an independent contractor in the performance of services rendered under this Contract. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INDEMNIFY AND SAVE HARMLESS THE AUTHORITY, ITS AGENTS, CONSULTANTS, DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY CLAIMS OR LIABILITIES ARISING IN ANY MANNER WHATSOEVER FROM THE CONTRACTOR’S NEGLIGENCE OR WRONGFUL ACTS IN PERFORMANCE OF THE CONTRACT, ALL AS MORE PARTICULARLY SET FORTH IN ITEM 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 this Contract. Not represent itself to any party as being an agent of the Authority, 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 the Authority, the Consulting Engineers, the Design Section Engineer, the Corridor Manager, or the Construction Manager, or (2) a joint enterprise between the Contractor and the Authority, 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 the Authority 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.

3.12. Sole Benefit. This Contract is entered into for the sole benefit of the Authority and the Contractor and, where permitted pursuant to Article 3.9, 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 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.

3.13. 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

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Page 74 of 217 December, 2012 governmental or judicial authority by reason of such party having or being deemed to have drafted, prepared, structured or dictated such provisions. The Authority 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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NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 5 “CONTROL OF THE WORK”

For this Contract, Item 5 of the Texas Standard Specifications is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 5.2, “Plans and Working Drawings,” is hereby supplemented by the addition of the following:

Working drawings, shop fabrication plans or drawings, and those other submittals required by each item of these specifications shall be submitted according to the following procedure:

A. Initial Submission. For the initial submittal, submit two (2) copies of the drawings or data to the Consulting Engineers for review.

B. Returns for Corrections. The Consulting Engineers will return one (1) copy of the drawings or data to the Contractor for corrections, if necessary.

C. Resubmission. Resubmit two (2) copies of the corrected drawings or data to the Consulting Engineers for further review.

D. Repeat Until Approved The above procedure will be repeated until the Contractor receives one (1) copy marked “Approved.”

E. Additional Approved Copies. Then send five (5) copies, plus those additional copies needed for Contractor’s own use, to the Consulting Engineers. These copies will be marked “Approved” and distributed. For drawings or data that affect outside fabrication, such as precast concrete and structural steel elements, 2 additional copies are required.

F. Transmittal Letters to Authority. Send a copy of each letter of transmittal to the Authority upon each submittal to the Consulting Engineers.

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.

G. Coordination and Timing of Submissions. Prepare and transmit each submittal to the Consulting Engineers sufficiently in advance of performing related work

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Page 76 of 217 August, 2015 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 Consulting Engineers 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, the Authority’s contract number, name(s) of the applicable County or Counties and name of supplier or subcontractor, if applicable.

The review and approval of shop drawings by the Consulting Engineers 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.

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

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Page 77 of 217 August, 2016 for similar approval dates of any revisions. After approval of working drawings and shop fabrication plans or drawings by the Consulting Engineers, 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 Consulting Engineers 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 Consulting Engineers 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 Consulting Engineers 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.

The Authority 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.

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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 Consulting Engineers in writing before proceeding with said change. Submit an adequate number of copies of the documentation pertaining to any such change to the Consulting Engineers.

Payment for all working drawings, shop drawings, and miscellaneous submittals, for revisions thereof, and for copies furnished shall be subsidiary to the related items of the proposal.

Article 5.3, “Conformity with Plans, Specifications and Special Provisions” is hereby deleted and replaced by the following:

5.3. Conformity with Plans, Specifications, and Special Provisions. Furnish materials and perform work in reasonably close conformity with the lines, grades, cross- sections, dimensions, details, gradations, physical and chemical characteristics of materials, and other requirements shown in the Contract (including additional plans for non-site-specific work). Reasonably close conformity limits will be as defined in the respective Items of the Contract or, if not defined, as determined by the Engineer. Obtain approval before deviating from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work not included in the plans without the Engineer’s authority. Work performed beyond the lines and grades shown on the plans or any extra work performed without authority is considered unauthorized and excluded from pay consideration. The Authority will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor’s control. 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 hereby 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 hereby supplemented by the addition of the following:

E. Removal of Superintendent. The Engineer shall have the right to have the Superintendent furnished by the Contractor removed pursuant to this Article if, in the

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Engineer’s sole judgment, such Superintendent is not fulfilling his obligations under this Article and/or under this Contract, including but not limited to, said Superintendent’s failure or inability to properly interpret and implement the plans and the specifications, to effectively expedite the work and supervise all employees utilized in connection therewith, to ensure adequate communication with, and a minimum inconvenience to, the public, or to cooperate with utilities, railroads, other contractors or agencies working on the project. Failure of the Contractor to replace its Superintendent when requested by the Engineer shall be cause for the Authority to withhold progress payments.

Article 5.6, “Construction Surveying,” the first sentence is hereby deleted and replaced by the following:

Use Method C unless otherwise specified in the Contract or General Notes.

Article 5.6, “Construction Surveying,” is hereby 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.

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 5.8.B.2, “Final Inspection” the first sentence of the third paragraph is hereby 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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NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 6 “CONTROL OF MATERIALS”

For this Contract, Item 6 of the Texas Standard Specifications is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

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 hereby deleted and replaced by the following:

6.4. Sampling, Testing, and Inspection. Inspections and tests of equipment and materials to be incorporated in the work shall be required by the Authority 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 the American Society for Testing and Materials 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 the Authority. As an exception to the above requirement, furnish a professional testing laboratory, other than that retained by the Authority, 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

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outside the contiguous 48 United States, reimburse the Authority 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.

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.

The Authority 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 the Authority 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 the Authority and has been accepted by the Authority. Remove, at the

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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 6.7, “Department-furnished Material,” is hereby deleted and replaced by the following:

Article 6.7. Furnished Equipment and Materials. The Authority 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 the Authority 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 the Authority, 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 hereby deleted and replaced by the following:

Article 6.8. Use of materials Found on the Right of Way. With the approval of the Engineer, material found in the excavation areas and meeting the Authority’s specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the Item for which the material is used. Do not excavate or remove any material from within the right-of-way that is not within the limits of the excavation without written permission. If excavation is allowed within a right-of-way project-specified location (PSL), replace the removed material with suitable material at no cost to the Authority as directed.

Article 6.10, “Hazardous Materials,” is hereby deleted and replaced by the following:

Article 6.10. Hazardous Materials. 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 the Authority and designated in the plans, Contractor will be reimbursed in accordance with Contract bid items.

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For hazardous materials found on sites, owned and controlled by the Authority 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 the Authority. The Authority 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 9.5, “Force Account” 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 the Authority.

The testing, removal, and disposition of Hazardous Materials introduced onto work locations by the Contractor will be at the Contractor’s sole expense. When Hazardous Materials are introduced onto work locations by the Contractor, working day charges will not be suspended and extensions of working days will not be granted.

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

Item 6 is hereby supplemented by the addition of the following Articles:

6.12. 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:

A. 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.

B. 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.

C. “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.

6.13. Substitutions. Subject to Article 6.12, the use of alternate equipment and materials will be permitted, provided that the alternate items are equal to that specified

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and the Engineer grants approval 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 specifications.

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NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 7 “LEGAL RELATIONS AND RESPONSIBILITIES”

Contract No.: 04344-CTP-00-CN-MA Contract Name: Total Routine Maintenance for Chisholm Trail Parkway Highway: Chisholm Trail Parkway Section(s): 1-6 County: Tarrant and Johnson

For this Contract, Item 7 of the Texas Standard Specification is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 7.1, “Laws to be Observed”, is hereby deleted and replaced by the following:

7.1. Laws to be Observed. Comply with all federal, state, and local laws, ordinances, and regulations applicable to the work. INDEMNIFY AND SAVE HARMLESS THE AUTHORITY AND ITS REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM VIOLATION BY THE CONTRACTOR OF ANY LAW, ORDINANCE, OR REGULATION APPLICABLE TO THE WORK. This Contract is between the Authority and the Contractor only. No person or entity may claim third-party beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this Contract.

Article 7.2, “Permits, Licenses, and Taxes”, is hereby deleted and replaced by the following:

7.2. Permits, Licenses, and Taxes. As required by applicable law, procure all permits and licenses and pay all charges, fees, and taxes pertaining to the work and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by the Authority and as specified in Article 7.19, “Preservation of Cultural and Natural Resources and the Environment.”

Article 7.4, “Insurance and Bonds”, is hereby deleted and replaced by the following:

7.4. Insurance and Bonds. Do not commence work under the Contract until furnishing the Authority 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).

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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 the Authority.

Each of the required policies (A), (B), and (C) listed below shall be endorsed to reflect a “Waiver of Subrogation” in favor of the Authority.

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

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

$__500,000_____ Each Accident $__500,000_____ Disease Policy Limit $__500,000_____ Disease Each Employee

B. 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: $__1,000,000______General Aggregate $__1,000,000______Products and Completed Operations Aggregate $__1,000,000______Personal and Advertising Injury $__1,000,000______Each Occurrence $___50,000______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

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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.

__ Required for this Contract X__Not required for this Contract

C. Business Auto Liability Insurance with minimum limits of $ _500,000.00 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

D. Umbrella Liability with minimum limits of $ _1,000,000_.00 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

E. Builders 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 the Authority in accordance with this Special Provision.

___ Required for this Contract _X__Not required for this Contract

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F. 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.

X___ Required for this Contract ___ Not required for this Contract

The Authority, TxDOT, Consulting Engineer, City of Crowley, City of Joshua, City of Fort Worth, City of Burleson, City of Cleburne, Tarrant County, and Johnson County, shall be included as Additional Insureds by endorsement to all policies issued required under this Article other than Workers’ Compensation insurance policies.

G. 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:

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

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.

H. 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 paragraphs 7.4.A, 7.4.B, 7.4.C and 7.4.D except for the coverage amounts, which are as follows:

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Each of the required policies (1), (2), and (3) listed below shall be endorsed to reflect a “Waiver of Subrogation” in favor of the Authority.

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

$ _500,000_____ Each Accident $ _500,000_____ Disease Policy Limit $ _500,000_____ Disease Each Employee

2. Commercial General Liability Insurance with minimum limits of:

2004 ISO, CGL or Equivalent Limits for Bodily Injury and/or Property Damage: $ _1,000,000______General Aggregate $ _1,000,000______Products and Completed Operations Aggregate $ _1,000,000______Personal and Advertising Injury $ _1,000,000______Each Occurrence $ __50,000______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.

___ Required for this Contract X___Not required for this Contract

3. Business Auto Liability Insurance with minimum limits of $500,000.00 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

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4. Umbrella Liability with minimum limits of $1,000,000.00 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

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

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 Coordinator. 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.

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 the Authority, 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 the Authority. Notify the Authority, 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.

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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 the Authority 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 the Authority 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 the Authority, 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.

Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety’s underwriting limitation drops below the Contract amount or the Surety’s right to do business is terminated by the State. The substitute Surety must be authorized by the laws of the State and acceptable to the Authority. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner.

Article 7.7, “Public Safety and Convenience”, is hereby 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.

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Article 7.12, “Responsibility for Damage Claims”, is hereby deleted and replaced by the addition of the following:

7.12. Responsibility for Damage Claims. INDEMNIFY AND SAVE HARMLESS THE AUTHORITY AND ITS OFFICERS, DIRECTORS, AGENTS, CONSULTANTS AND EMPLOYEES FROM ALL SUITS, ACTIONS, OR CLAIMS AND FROM ALL LIABILITY AND DAMAGES FOR ANY AND ALL INJURY OR DAMAGE TO ANY PERSON OR PROPERTY DUE TO THE NEGLIGENCE OF THE CONTRACTOR, ITS AGENTS AND SUBCONTRACTORS, OR THE EMPLOYEES OF ANY OF THEM, IN THE PERFORMANCE OF THE WORK, ONGOING OR COMPLETED, AND FROM ANY CLAIMS ARISING OR AMOUNTS RECOVERED UNDER ANY LAWS, INCLUDING, WITHOUT LIMITATION, WORKERS’ COMPENSATION AND THE TEXAS TORT CLAIMS ACT. INDEMNIFY AND SAVE HARMLESS THE AUTHORITY AND ITS OFFICERS, DIRECTORS, AGENTS, CONSULTANTS AND EMPLOYEES AND ASSUME RESPONSIBILITY FOR ALL DAMAGES AND INJURY TO PROPERTY OF ANY CHARACTER OCCURRING DURING THE PROSECUTION OF THE WORK RESULTING FROM ANY ACT, OMISSION, NEGLECT, OR MISCONDUCT ON THE CONTRACTOR’S PART IN THE MANNER OR METHOD OF EXECUTING THE WORK; FROM FAILURE TO PROPERLY EXECUTE THE WORK; OR FROM DEFECTIVE WORK OR MATERIAL.

TO THE EXTENT A CLAIM ARISING OUT OF AN INJURY TO THE CONTRACTOR’S EMPLOYEE IS COVERED BY THE WORKER’S COMPENSATION AND/OR EMPLOYERS’ LIABILITY INSURANCE THAT THE CONTRACTOR IS REQUIRED TO CARRY UNDER THIS CONTRACT AND/OR APPLICABLE LAW (“CONTRACTOR’S EMPLOYEE INSURANCE”), OR IF CONTRACTOR DOES NOT ACTUALLY MAINTAIN CONTRACTOR’S EMPLOYEE INSURANCE, TO THE EXTENT THE CLAIM WOULD HAVE BEEN COVERED BY REQUIRED CONTRACTOR’S EMPLOYEE INSURANCE, THEN, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE CONTRACTOR’S INDEMNITY AGAINST A CLAIM ARISING, OR ALLEGED TO ARISE, OUT OF AN INJURY TO AN EMPLOYEE OF THE CONTRACTOR WILL NOT BE AFFECTED BY THE ACTIVE OR PASSIVE ORDINARY NEGLIGENCE OR SOLE, JOINT, CONCURRENT OR COMPARATIVE ORDINARY NEGLIGENCE OF THE AUTHORITY, WHETHER OR NOT LIABILITY WITHOUT FAULT OR STRICT LIABILITY IS IMPOSED OR SOUGHT TO BE IMPOSED ON THE AUTHORITY.

PIPELINES AND OTHER UNDERGROUND INSTALLATIONS THAT MAY OR MAY NOT BE SHOWN ON THE PLANS MAY BE LOCATED WITHIN THE RIGHT OF WAY. PRIOR TO COMMENCING THE WORK, CONDUCT AN INVESTIGATION FOR THE LOCATION OF UTILITIES. INDEMNIFY AND SAVE HARMLESS THE AUTHORITY AND ITS OFFICERS, DIRECTORS, AGENTS, CONSULTANTS AND EMPLOYEES FROM ANY SUITS OR CLAIMS RESULTING FROM DAMAGE BY THE CONTRACTOR’S OPERATIONS TO ANY PIPELINE OR UNDERGROUND INSTALLATION. AT THE PRECONSTRUCTION CONFERENCE, SUBMIT THE

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SCHEDULED SEQUENCE OF WORK TO THE RESPECTIVE UTILITY OWNERS SO THAT THEY MAY COORDINATE AND SCHEDULE ADJUSTMENTS OF THEIR UTILITIES THAT CONFLICT WITH THE PROPOSED WORK.

IF THE CONTRACTOR ASSERTS ANY CLAIM OR BRINGS ANY TYPE OF LEGAL ACTION (INCLUDING AN ORIGINAL ACTION, THIRD-PARTY ACTION, OR CROSS- CLAIM) AGAINST ANY 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 THE AUTHORITY DURING THE PENDENCY OF THE CLAIM OR LEGAL ACTION.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE INDEMNIFICATION PROVIDED BY CONTRACTOR UNDER THIS ARTICLE 7.12 SHALL EXPRESSLY INCLUDE INDEMNIFICATION OF THE INDEMNIFIED PERSONS AGAINST THEIR OWN NEGLIGENCE WITH RESPECT TO ANY OF THE MATTERS COVERED HEREBY.

Article 7.13, “Responsibility for Hazardous Materials”, is hereby deleted and replaced by the addition of the following:

7.13. Responsibility for Hazardous Materials. INDEMNIFY AND SAVE HARMLESS THE AUTHORITY AND ITS OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, CLAIMS, LIABILITIES, DEMANDS, LOSSES, DAMAGES, FORFEITURES, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES) (COLLECTIVELY, “LIABILITIES”), FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH ARISE FROM THE GENERATION, STORAGE, HANDLING, TREATMENT, TRANSPORTATION, OR DISPOSITION OF HAZARDOUS MATERIALS BY THE CONTRACTOR, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITIES WHICH RESULT FROM THE INDEMNIFIED PERSON’S OWN NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) AND/OR STRICT LIABILITY, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

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 7.14, “Contractor’s Responsibility for Work”, is hereby deleted and replaced by the following:

7.14. Contractor’s Responsibility for Work. Until final acceptance of the work under the Contract, have responsibility for the work, including responsibility for maintenance of the work, and the charge and care thereof, take every precaution against injury or

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Page 94 of 217 May 2016 04344-CTP-00-CN-MA 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. 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, maintain the project in good condition, including, but not limited to, the roadway. Repair damage to all work until final acceptance. 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. In the case of suspension of the work for any cause, be responsible for the preservation of all materials and construction previously performed by Contractor.

A. Reimbursable Repair. The Contractor will be reimbursed for its costs to repair damage:

 solely and directly caused by acts of the Authority or its contractors other than the Contractor; or  to crash-cushion attenuators and guardrail end treatments.

B. Appurtenances. Except for crash-cushion attenuators and guardrail end treatments listed in Section 7.14.A, 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.

C. Roadways and Structures. Until final acceptance, the Contractor will remain responsible for all work constructed under the Contract. The Authority will not reimburse the Contractor for repair work to new construction, unless the failure or damage is within the items listed in Section 7.14.A, “Reimbursable Repair.” The Authority will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor’s operations. Existing roadways and structures do not include any work under the Contract.

D. Detours. The Contractor will be responsible for the cost of maintenance of detours

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constructed under the Contract, unless the failure or damage is within the items listed in Section 7.14.A, “Reimbursable Repair.” The Engineer may consider failures beyond the Contractor’s control when determining reimbursement for repairs to detours constructed. The Authority will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic.

E. Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this Article. This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance.

1. Isolated Work Locations. For isolated work locations, when all work is completed, including work for Article 4.6, “Final Clean Up,” the Engineer may relieve the Contractor from responsibility for maintenance.

2. Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work for Article 4.6, “Final Clean Up,” with the exception of vegetative establishment and maintenance periods and test and performance periods, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work.

3. Work Suspension. When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension.

F. Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in accordance with pertinent Items or Article 4.2, “Changes in the Work.”

Article 7.15, Electrical Requirements, Section A. Definitions, Section 3. Certified Person is hereby deleted and replaced by the following:

3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, “TxDOT Roadway Illumination and Electrical Installations” or other courses as approved by the Engineer. Submit a current and valid TRF certification upon request. On June 1, 2011, Texas Engineering Extension Service (TEEX) certifications for “TxDOT Electrical Systems” course will no longer be accepted. All TRF 450 certifications that have been issued for “TxDOT Roadway Illumination and Electrical Installations” course that expire before June 1, 2011 will be accepted until June 1, 2011.

Article 7.15, Electrical Requirements, Section A. Definitions, Section 4. Licensed Electrician is hereby deleted and replaced by the following:

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4. Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states’ electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on:

 passing a test based on the NEC similar to that used by Texas licensing officials, and  sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas.

Article 7.17, “Personal Liability of Public Officials”, is hereby deleted and replaced by the following:

7.17. Personal Liability. 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 the Authority, and there shall be no liability, either personal or otherwise, for any member of the Board of Directors of the Authority or any of the Authority’s officers, employees, agents or consultants.

Article 7.19, “Preservation of Cultural and Natural Resources and the Environment” is hereby amended by deleting Section F, “Project-Specific Locations” thereof, which is replaced by the following:

F. Project-Specific Locations. For all project-specific locations (PSLs) on or off the right of way (material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.), signing the Contract certifies compliance by Contractor and all subcontractors and suppliers with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies:

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 Occupational Safety and Health Administration,  Texas Commission on Environmental Quality,  Texas Department of Transportation,  Texas Historical Commission,  Texas Parks and Wildlife Department,  Texas Railroad Commission,  U.S. Army Corps of Engineers,  U.S. Department of Energy  U.S. Department of Transportation,  U.S. Environmental Protection Agency,  U.S. Federal Emergency Management Agency, and  U.S. Fish and Wildlife Service.

All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies. Provide documentation upon request.

Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed in the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within TxDOT right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, asphalt plants, etc. Address all environmental issues, such as Article 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance.

Article 7.19. “Preservation of Cultural and Natural Resources and the Environment” is further supplemented by the following:

G. Asbestos Containing Material. In Texas, the Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated “facility” under NESHAP. Therefore, federal standards for demolition and renovation apply.

Provide notice of demolition or renovation to the structures listed in the plans at least 30 calendar days prior to initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition, renovation, or removal.

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When demolition, renovation, or removal of load bearing members is planned for several phases, provide the start and completion dates identified by separate phases.

DSHS requires that notifications be postmarked at least 10 working days prior to initiating demolition or renovation. If the date of actual demolition, renovation, or removal is changed, the Authority will be required to notify DSHS at least 10 days in advance of the work. This notification is also required when a previously scheduled (notification sent to DSHS) demolition, renovation or removal is delayed. Therefore, if the date of actual demolition, renovation, or removal is changed, provide the Engineer, in writing, the revised dates in sufficient time to allow for the Authority’s notification to DSHS to be postmarked at least 10 days in advance of the actual work.

Failure to provide the above information may require the temporary suspension of work under Article 8.4, “Temporary Suspension of Work or Working Day Charges,” due to reasons under the control of the Contractor. The Authority retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability.

Item 7 is hereby supplemented by the addition of the following Articles:

7.20. 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.

7.21. 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 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 the Authority of any immunities or other defenses from suit or from liability that the Authority may have by operation of law.

7.22. Non-Waiver by the Authority. Any failure by the Authority 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 the Authority to avail itself of such remedies as it may have for any breach or breaches of such terms or conditions.

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7.23. Agricultural Irrigation. Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the Irrigation District or land owner to determine the proper time and sequence when irrigation demands will permit shutting-off water flows to perform work.

Unless otherwise provided on the plans, the work required by these provisions will not be paid for directly but shall be considered as subsidiary work pertaining to the various bid items of this contract.

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NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 8 “PROSECUTION AND PROGRESS”

For this Contract, Item 8 of the Texas Standard Specifications is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 8.1, “Prosecution of Work”, is hereby deleted and replaced by the following:

8.1. Prosecution of Work. Before starting work, schedule and attend a preconstruction conference with the Engineer. Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Unless otherwise shown in this Contract, begin the work to be performed under this Contract within ten (10) days (seven (7) calendar days for routine maintenance contracts) 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 will be other contractors retained by the Authority 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. 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.

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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.

Article 8.2, “Progress Schedules”, is hereby deleted and replaced by the following:

8.2. Progress Schedules.

A. Routine Maintenance Contracts and Other Contracts Designated by the Engineer. Before starting work on a routine maintenance contract, submit an outline of the proposed procedure for performing the work. Include a sequence of work and an estimated progress schedule if required. Submit revised progress schedules as requested. When shown on the plans, provide progress schedules meeting the requirements of Section 8.2.B., “Construction Contracts.” The Engineer may direct the Contractor to comply with this Article 8.2.A. (in lieu of Article 8.2.B.) with respect to any Contract.

B. Construction Contracts. Unless otherwise specified by the Engineer, the following shall apply to all Contracts, other than routine maintenance contracts:

1. General. 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 and Two-Week Look- Ahead Layout). Comply with the scheduling requirements described herein. Failure to comply with these requirements will constitute nonperformance under the terms of this Contract. a. 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 the Authority disclaims any liability for Contractor’s failure to achieve such completion date regardless of the cause of such failure. b. All schedules will be approved by the Authority only upon review and recommendation from the Engineer. Approved schedules will become a part of this Contract. The approval of a schedule by the Authority does

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not relieve the Contractor of responsibility for the accuracy and feasibility of such schedule. Maintain and submit the Baseline Schedule and Two-Week 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 Baseline Schedule showing the desired changes. The schedules shall be based on the calendar date or calendar dates provided in this Contract. Depending on the size of the Project, the Baseline Schedule will be provided as follows: a. 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. b. 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 web-based version of Primavera that is compatible with the Authority’s web-based 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 Baseline CPM Schedule 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.

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. a. The Baseline Schedule will be used by the Contractor and the Engineer to track the progress of specific construction activities. It 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.

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b. A Preliminary Baseline Schedule is due 14 days after the Notice-to- Proceed, and the Final Baseline Schedule is due 20 days after receipt of comments on the Preliminary Baseline Schedule. No payment will be processed until the Final Baseline Schedule is approved by the Engineer. c. The Baseline Schedule shall include a detailed network diagram acceptable to the Engineer with the following features:

(1) All reports shall include in this sequence: Activity ID, Activity Description, Original Duration, Remaining Duration, Percent Complete, Early Start and Finish Dates, Total Float, Budgeted Quantity and Unit of Measure, similar to the proposal.

(2) 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 days in length.

(3) Each updated copy shall show the date of latest revision.

(4) The order and interdependence of activities and the sequence of work shall be clear and in chronological order.

(5) In addition to all construction activities, 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 depicted in the schedule and are subject to the same requirements as other construction activities.

(6) Activities shall be sufficiently detailed with clear definitions using “log record” if necessary so that a reviewer can follow the sequence.

(7) 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.

(8) Activity descriptions shall be unique and specific with respect to the type of work and its location.

(9) All activities shall be tied into Activity Codes, i.e. type of work activities, area of work, phase of work, and bid item.

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(10) All settings within the Scheduling/Leveling dialog box shall remain default.

(11) The only open-ended activities shall be the first activity and the last activity; no additional open-ended activities will be accepted.

(12) Excessive predecessor/successor usage will not be accepted; 3 to 4 predecessors/successors to an activity.

(13) All out-of-sequence activities shall be corrected prior to schedule submission.

(14) No hammocks are to be used.

(15) Any constraints to be utilized on the schedule other than the contract milestone dates must be authorized in advance by the Construction Manager.

(16) Critical path shall be determined by the longest path and will be noted on the update in red.

(17) Additional milestones other than contract milestones and the predecessor/successor logic used by the Contractor shall be approved by the Construction Manager.

(18)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.

(19) If, in the opinion of the Engineer, the Baseline Schedule requires revision in whole or in part, he/she shall direct the Contractor to provide the needed revisions. In that case, submit the revised schedule within five (5) calendar days after the request.

(20) Activity ID'S will be unique and cannot be altered or reused.

(21)Activity descriptions are to be unique. Any change to the descriptions must be approved by the Engineer.

3. Two-Week Look-Ahead Layout. The Two-Week Look-Ahead Layout requires a higher level of detail than the Baseline Schedule. The Two-Week Look-Ahead Layout shall be submitted to the Engineer five (5) days before the first day of the two-week period it describes.

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Submit three (3) hard copies and one (1) CD-ROM copy of the Two-Week Look-Ahead Layout. This Two-Week 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 Two-Week 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 Two-Week Look-Ahead Layout is: item number, activity description, and average daily crew size for the project. The format of the Two-Week Look-Ahead Layout will be approved by the Engineer prior to the start of construction. The Two-Week Look-Ahead Layout shall be generated by the same software as the Baseline Schedule/Revised Baseline Schedule.

4. 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 the Authority. 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. The Project Status Spreadsheet shall be updated every time the Baseline Schedule is revised to reflect the changes shown in the Revised Baseline Schedule. The Engineer shall agree upon the details shown on the Project Status Spreadsheet.

5. Change in Scope of Work a. When changes are added to the Contract, the Contractor shall submit to the Engineer a written time impact analysis, illustrating the influence of each asserted change on the current schedule. Each time impact analysis shall include a fragnet demonstrating how the Contractor proposes to incorporate the change into the Baseline Schedule. b. 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 update of the Baseline Schedule at that point in time, or as adjusted for the events. c. 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. d. Upon mutual agreement by both parties, fragnets illustrating the influence of extra work orders shall be incorporated into the Baseline

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Schedule/Revised Baseline Schedule. The revised schedule shall be included in the next monthly submittal.

6. Schedule Delay a. If, at any time, the work on any critical path item is delayed for a period which exceeds 20 days, then the Contractor shall prepare and submit to the Engineer, for review and approval at the next monthly 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. b. 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 Baseline Schedule/Revised Baseline Schedule. The revised schedule shall be included in the next monthly submittal. c. All costs incurred by the Contractor in preparing, implementing, and achieving the Recovery Schedule shall be borne by the Contractor. d. If Contractor fails to provide an acceptable Recovery Schedule as required herein, the Authority 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 invoice following compliance.

7. Revised Baseline Schedule. The Baseline Schedule shall be revised and submitted to the Engineer for approval when there is a: a. change in scope of work b. schedule delay, or c. as directed by the Engineer The cost of preparing the Revised Baseline Schedule will be considered as subsidiary to various items in the Contract. Execution of the work according to accepted schedule and programs of construction, or approved modifications thereto, shall be an obligation of the Contractor. The Authority’s acceptance or approval of a revised schedule shall not cure any default by the Contractor under this Contract, nor waive any rights or remedies available to the Authority for a default by the Contractor under this Contract.

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8. Schedule Updates and Reports. If, in the opinion of the Engineer, the schedule requires revision in whole or in part, he shall direct the Contractor to provide a Recovery Schedule which is addressed in Section 8.2.B.6, “Schedule Delay”. The Schedule Updates and Reports shall be submitted monthly and shall: a. 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. b. 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 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. c. 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;  Total float times; and  Responsibility for activity (e.g., Contractor, Subcontractor, supplier, etc.) d. List any problem areas that could cause a delay. e. 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. Critical activities shall be prominently distinguished on all reports. All extra work shall be shown on an updated schedule.

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9. Monthly Submittals. Submit the Monthly Schedule Updates, Project Status Spreadsheet, and other schedules when required on the same date as the invoice. The cut-off day shall be the 25th day of the month. If the schedules, layout, spreadsheet, and invoice are not received by the 5th of the month, the Contractor agrees that the Authority may withhold an additional 10% of the current progress payment until the Contractor is in compliance. Additional money withheld will be paid to the Contractor with the next scheduled monthly invoice following compliance. All hard copy of the submittals will be printed on paper 8.5 inches in width x 11 inches in length, in a format acceptable by the Engineer. Submit the following items with the invoice: a. Revised Baseline Schedule (when required) - Three (3) hard copies and one (1) CD-ROM copy. b. Schedule Updates and Reports – Three (3) hard copies and one (1) CD- ROM copy. c. Project Status Spreadsheet - Three (3) hard copies and one (1) CD- ROM copy. d. Recovery Schedule (when required) - Three (3) hard copies and one (1) CD-ROM copy. Provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and this Contract. Should prosecution of the work be discontinued for any reason, notify the Engineer and the Authority at least 24 hours in advance of resuming operations, and submit a revised progress schedule.

C. Contracts with Multiple Work Orders. For multiple work order Contracts, provide for each work order, as required by the Engineer, a schedule in accordance with Section 8.2.A, “Routine Maintenance Contracts and Other Contracts Designated by the Engineer,” or Section 8.2.B, “Construction Contracts.”

Article 8.3, “Computation of Contract Time for Completion,” is hereby deleted and replaced by the following:

8.3. Computation of Contract Time for Completion. Working day charges will begin 10 calendar days (7 calendar days for routine maintenance Contracts) after the date of the written authorization to begin work. Working day charges will continue in accordance with the Contract. The Engineer may consider increasing the number of working days under extraordinary circumstances.

A. 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

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multiple work order Contracts, working days will be established in each work order on a separate basis.

B. 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.

C. 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.

D. Time Statements. The Engineer will furnish the Contractor a monthly time statement. Review the monthly time statement for correctness. Report protests in writing, no later than 30 calendar days after receipt of the time statement, providing a detailed explanation for each day protested. 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.

Article 8.4, “Temporary Suspension of Work or Working Day Charges,” is hereby supplemented by the addition of the following: Without limiting the ability of the Authority to suspend work pursuant to other provisions of this Contract, the Engineer may suspend the work and the “working day charges,” in accordance with this Article 8.4, on any holiday, on the day preceding the holiday, on the day following the holiday or on any day for which an unusual public event is scheduled in the region if the Engineer and the Contractor mutually agree the Contractor should not work. Such suspension shall be based upon, among other things, past experience as to the volume of holiday traffic that may be expected.

Article 8.5, “Failure to Complete Work on Time,” is hereby deleted and replaced by the following:

8.5. Failure to Complete 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 Special Provision Article 8.11, “Extension of Time,” pay the Authority for each and every calendar day (Saturdays, Sundays, and legal holidays included) 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 the Authority’s sole discretion, be deducted from any money due or to become due to the Contractor.

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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 the Authority 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 cover 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 the Authority and an essential element of the Contract. The Authority shall 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 the Authority 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. “Substantial completion” shall mean that measure of completion of the work under this Contract that will ensure the following:

A. 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

B. 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

C. 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

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D. 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, the Authority, or the Authority’s agents and consultants, nor result in the loss of toll revenues that the Authority would otherwise collect if the work were completed by the stipulated date of final completion. The Engineer shall be the sole judge as to whether substantial completion has been achieved as described above. “Final completion” means 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 9.8, “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 the Authority’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 noncompletion of the work within the said time, but all such liabilities shall continue in full force and effect against the Contractor.

Article 8.6, “Abandonment of Work or Default of Contract”, is hereby deleted and replaced by the following:

8.6. Abandonment of Work or Default of Contract. 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;  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;

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 is uncooperative, disruptive or threatening; or  fails to conduct the work in an acceptable manner. If any of these conditions occur, the Engineer may give notice, in writing to the Contractor and the Surety, of the intent to declare the Contractor in default. If the Contractor does not fully correct and cure such default within 10 days after the notice, the Authority may upon written notice declare the Contractor to be in default of the Contract. The Authority will also provide written notice of default to the Surety, if any. Working day charges will continue until completion of the Contract. The Contractor may also be subject to sanctions under the Texas Administrative Code. The Authority will determine the method used for the completion of the remaining work as follows:  The Authority may complete the work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by the Authority for the completion of the work under the Contract will be the responsibility of the Contractor and/or the Surety.  The Authority may, without violating the Contract, demand that the Contractor’s Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety. The Authority reserves the right to approve or reject proposed subcontractors. Work may resume after the Authority receives and approves certificates of insurance as required in Article 7.4, “Insurance and Bonds.” 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. From the time of notification of the default until work resumes (either by the Surety or the Authority), the Authority will maintain traffic control devices and will do any other work it deems necessary, unless otherwise agreed upon by the Authority and the Surety. All costs associated with this work will be deducted from money due to the Contractor and/or the Surety. The Authority will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety. All costs and charges incurred by the Authority 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 to the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay the Authority the balance of these costs in excess of the Contract price. If the costs incurred by the Authority are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor, the Authority will be entitled to retain the difference. If it is determined, after the Contractor is declared in default, that the Contractor was not in default, the Authority may, at its option, deem the rights and obligations of the parties to be the same as if a termination had been

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Page 113 of 217 August 2016 issued for the convenience of the public as provided in Article 8.7, “Termination of Contract.”

Article 8.7, “Termination of Contract,” is hereby supplemented by the addition of the following: 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.

Article 8.8, “Subcontracting,” Section A, “Construction Contracts and Federally Funded Routine Maintenance Contracts,” the first and second paragraphs are hereby deleted and replaced by the following: A. Construction Contracts and Federally Funded Routine Maintenance Contracts. The Contractor must perform work with its own organization on at least 30% of the total contract cost, including the original contract amount and its change orders thereafter. As stated in the NTTA Business Diversity Department Contracting & Compliance Manual, the Subcontractor must perform work with its own organization on at least 30% of the total contract cost, including the original contract amount and its change orders thereafter.

Article 8.8, “Subcontracting,” is hereby supplemented by the addition of the following to Section A thereof: 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 the Authority, but the Authority’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.

Item 8 is hereby supplemented by the addition of the following Articles:

8.11. 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 4.3 or Article 4.4 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 4.3 or Article 4.4 before substantial completion of the work. Otherwise, notwithstanding anything to the contrary contained herein, except for requests pursuant to Article 4.3 or Article 4.4, requests

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Page 114 of 217 August 2016 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 the Authority and any determination by the Engineer to grant an extension of time due to the conditions referenced in this Article 8.11 will not be made until after substantial completion of the work. Unless otherwise provided herein, no extensions of time for any reason will be granted. 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. The Authority’s decision to grant an extension, or multiple extensions, of time to any other contractor involved in the project, or any other project for the Authority, for any reason whatsoever, shall not in any way affect the Contractor’s obligations hereunder nor the Authority’s right to insist on full and timely performance pursuant to the terms of the Contract.

8.12. 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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Page 115 of 217 December, 2012

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL PROVISION TO ITEM 9 “MEASUREMENT AND PAYMENT”

For this Contract, Item 9 of the Texas Standard Specification is hereby modified with respect to the clauses cited below and no other clause or requirement of this Item is waived or changed hereby.

Article 9.3, “Scope of Payment,” is hereby deleted and replaced by the following:

9.3. Scope of Payment. Notwithstanding anything to the contrary contained herein, except claims pursuant to Article 4.3, “Differing Site Conditions,” and to the fullest extent permitted by law, the Authority 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 the Authority, 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 9.5, “Force Account,” is hereby amended as follows: (1) the last sentence of Section E, “Subcontracting,” is deleted and not replaced; (2) Section F, “Law Enforcement,” is deleted in its entirety and not replaced; and (3) the following two new Sections I and J are added to the end of Article 9.5., “Force Account”:

I. Prior Agreement of Authority Required. Work performed on a “Force Account” basis must be agreed upon by the Authority. The Authority will not be liable for the

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cost of work allegedly performed on a “Force Account” basis unless agreed upon in writing by the Authority prior to the commencement of such work.

J. 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.

Article 9.6, “Progress Payments,” Section A, “Retainage,” Section 1, “Routine Maintenance Contracts” is voided and replaced by the following:

1. Routine Maintenance Contracts.

NTTA Maintenance Contracts will be subject to retainage as set forth in Articles 9.6.A.2.a, “Contracts without Recycled Materials” through 9.6.A.2.d, “Final Retainage Release”, and as supplemented in this Special Provision.

Article 9.6, “Progress Payments,” Section A, “Retainage,” Section 2, “Construction Contracts” is supplemented by the addition of the following immediately after the sub-title of Section 2, “Construction Contracts”:

2. Construction Contracts.

For federally funded projects, a retainage bond will be required to guarantee the protection of any claimants and the Authority 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, Articles 9.6.A.2.a, “Contracts without Recycled Materials” through 9.6.A.2.d, “Final Retainage Release” listed in this Item 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 Articles 9.6.A.2.a, “Contracts without Recycled Materials” through 9.6.A.2.d, “Final Retainage Release.”

Article 9.6, “Progress Payments,” Section B, “Payment Provisions for Subcontractors,” is voided and replaced by the following:

B. Payment Provisions for Subcontractors. For the purposes of this Article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the Authority. Pay the subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor. Also, pay any retainage on a subcontractor’s work within 10 days after satisfactory completion of all of the subcontractor’s work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor.

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For the purpose of this Section, satisfactory completion is accomplished when:

 the subcontractor has fulfilled the Contract requirements of both the Authority and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Authority; and

 the work done by the subcontractor has been inspected, approved, and paid for by the Authority.

The inspection and approval of a subcontractor’s work does not eliminate the Contractor’s responsibilities for all the work as defined in Article 7.14, “Contractor’s Responsibility for Work.”

The Authority 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.

These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article into all subcontract or material purchase agreements.

Article 9.8, “Final Payment,” is hereby deleted and replaced by the following:

9.8. 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, the Authority 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.

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 the Authority 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, the Authority 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, the Authority 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.

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The acceptance by the Contractor of final payment shall release the Authority 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 the Authority 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 the Authority shall have against the Contractor, nor shall the preceding paragraph be construed as preventing the Authority from requiring bond from the Contractor to cover claims which may have been filed with the Authority against the Contractor by others.

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NORTH TEXAS TOLLWAY AUTHORITY SPECIAL SPECIFICATION ITEM 9901 PERFORMANCE-BASED TOTAL ROUTINE MAINTENANCE OF CHISHOLM TRAIL PARKWAY

1. Description. This Item shall govern the criteria and requirements for the complete Total Routine Maintenance (“TRM”) of the Chisholm Trail Parkway (“Parkway”) which is a North Texas Tollway Authority (“NTTA”) “Parkway” project as defined in Section 366.003.(11) of the Texas Transportation Code, including, without limitation, all the existing appurtenances and future additions to said Parkway project. This includes, but is not limited to, mainlanes, shoulders, direct connectors, ramps, side streets, roadside appurtenances, bridges, traffic operations, etc. within the limits of the right-of-way (“ROW”) as shown in the plans.

This performance-based contract requires the inspection, management and maintenance performance of all components of the transportation facility as identified herein. All such maintenance activities are to be performed by the Contractor, unless otherwise exempted in this contract. Rather than NTTA directing specific work as in most traditional/methods-based maintenance contracts, this performance-based Routine Maintenance contract requires the Contractor to continually produce and maintain a quality product. The NTTA is entrusting the Contractor to care for and maintain the Parkway (roadway, structures, facilities, etc.) and fully expects the Contractor to take pride in performing a high level of maintenance. The continual quality of the Parkway maintenance will be a direct reflection, under public scrutiny, of the quality and integrity of the Contractor.

Routine Maintenance shall be defined as performing work including pavement preservation maintenance and repair (including subsequent routine maintenance thereof), litter and debris removal, sweeping, traffic control, pavement markings and markers, roadside traffic safety appurtenance maintenance and repair, as well as preserving median barriers, screen walls, noise walls, traffic operations, mainlane and ramp gantries, landscape and turf, structures, illumination, aesthetics, signing, sign structures, etc. to maintain the roadway and roadway appurtenances in their Baseline Condition. Unless otherwise indicated herein, the Baseline Condition shall mean the condition at the time of issuance of the Notice-to-Proceed (“NTP”) letter.

The limits of this work are more fully defined in the attached Total Routine Maintenance Chisholm Trail Parkway plans. NTTA’s Project Manager (“NTTA PM”) will be introduced to Contractor at the initial project kick-off meeting.

A. Reference Documents. Unless otherwise approved by NTTA PM, work performed and materials used under this Contract will conform to the latest version of all NTTA and Texas Department of Transportation (“TxDOT”) manuals, standards, specifications, special specifications, special provisions, policies and procedures and their addenda. These include, but are not limited to, the following:

1. TxDOT Roadway Design Manual

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2. TxDOT Barricade and Construction Standards

3. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges

4. TxDOT Sign Crew Field Book

5. TxDOT Maintenance Operations Manual

6. TxDOT Test Procedures

7. TxDOT Departmental Material Specifications (DMS)

8. TxDOT Material Producer List

9. Texas Manual on Uniform Traffic Control Devices (TMUTCD)

10. NTTA Sign Policy

11. NTTA Roadway Electrical System Manual

Unless otherwise stated in the Special Specification and/or required by this Contract, the documents referenced below are not Contract requirements. They are strictly for “informational purposes only”. NTTA does not warrant or guarantee, in any way, the outcomes achieved by the Contractor if using any document included for “informational purposes only”.

1. TxDOT Roadside Vegetation Management Manual

2. TxDOT Herbicide Operation Manual

3. TxDOT Herbicide Recordkeeping

To the extent that this specification or any other provision of this contract establishes a more demanding standard or obligation than the applicable NTTA or TxDOT standard, the Contractor will comply with the more stringent requirement. Contractor must comply with all current environmental laws, rules, and regulations. Contractor must continually monitor all NTTA policies, procedures, specifications, and other contract documents for changes and updates and be prepared to comply with any revisions.

Notify the NTTA PM immediately if any errors, omissions, or discrepancies are discovered in these documents so that necessary corrections or interpretations can be made. Failure to promptly notify the NTTA PM shall constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered.

2. Materials. Furnish all materials necessary to complete the work. Unless otherwise directed by the NTTA PM, all materials must be replaced in-kind. Furnish documentation indicating material compliance with TxDOT specifications. New, innovative and experimental materials may be used if approved by the NTTA PM. Without limiting the foregoing, no review conducted or approval granted by the NTTA PM to the Contractor will relieve or otherwise affect the Contractor’s

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responsibility to perform its obligations under this contract or make NTTA in any manner responsible therefore. Failures of innovative or experimental materials will be the responsibility of the Contractor.

NTTA will not provide warehousing services; the Contractor must make provisions for warehousing necessary equipment, materials and supplies.

3. Equipment. Furnish all equipment, fuel, tools, and machinery necessary for the proper prosecution of all the work contained within this specification.

The Contractor, for routine everyday activities, is required to use vehicles designed to be environmentally operational enhanced vehicles, such as low emission vehicles (LEV’s) or Hybrid vehicles and/or low sulfur diesel vehicles.

The Contractor will provide water and mobile traffic control for NTTA’s biennial pavement friction testing. Water can be provided by a water truck with a driver (minimum 4,000 gallon tank) or by providing a water meter.

4. License and Special Training Requirements. Contractor will have staff or personnel under contract that possess the appropriate qualifications, certifications, or licenses to perform all necessary work for the duration of the contract. Provide the name(s), experience, and any supporting documentation to the NTTA PM within sixty (60) days of issuance of NTP.

A. Engineer. The Contractor shall have engineers (structural, civil, geotechnical, etc.) licensed in the State of Texas on-call, twenty-four (24) hours a day, seven (7) days a week for the duration of the contract.

B. Electrical. The applicable electrical requirements are shown in Item 7.15 of the TxDOT Standard Specifications. Submit current and valid license and certification documentation and update accordingly to assure that documentation is valid for all persons performing electrical work on this Contract.

C. Turf and Landscape Maintenance. Contractor shall have the following:

1. An American Society of Horticultural Science (ASHA) Certified Horticulturist; a Texas Nursery & Landscape Association (TNLA) Certified Nursery Professional; or a Texas Master Certified Nursery Professional (TXMCNP).

2. A Texas Department of Agriculture (TDA) Pesticide Applicator Licensee

a. Category 3A – Ornamental Plant and Turf Pest Control

b. Category 5 – Right-of-Way Pest Control

3. An International Society of Arboriculture Certified Arborist (ISA)

4. A Texas Commission on Environmental Quality (TCEQ) licensed Irrigator and Landscape Irrigation Technician

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5. A Turf Agronomist with a Professional Turfgrass Manager Certification from the Texas Turfgrass Association.

6. Any additional licenses and/or registrations as required by local, county, state or federal agency with jurisdiction

D. Traffic Control. The Contractor shall have a person who is certified by the American Traffic Safety Service Association (ATSSA), the Texas A&M Engineering Extension Service (TEEX) or other agency approved by the NTTA PM who will supervise the installation and removal of traffic control devices. Flaggers shall have the “Flagger in Work Zones” training. Contractor to provide certification documentation upon request.

E. Pest Control. The Contractor shall comply with the Texas Structural Pest Control Board Law and provide a photocopy of the Contractor’s Texas Pest Control License prior to the start of service. One copy will also be supplied to the NTTA PM.

F. Safety. The Contractor shall provide a Safety Manager responsible for carrying out the Contractor’s Safety Plan and all safety-related activities, including training and enforcement of safety operations. The Safety Manager must have project safety experience; coordinate directly with the Contractor’s Project Manager and have the authority to stop work. The Safety Manager’s qualifications shall include:

1. Ten (10) years of progressive safety management experience. Relevant education may be substituted for experience on a year for year basis, five of which must be safety management experience on highway construction or maintenance projects;

2. Designation, at or before the authorization to begin Work, as a Construction Health and Safety Technician (CHST) or higher certification issued by the Board of Certified Safety Professionals (BCSP);

3. Completed the OSHA 30-hour Safety and Health Course;

4. Training and current certification for CPR and First Aid; and

5. Possess verifiable competency in the construction safety disciplines related to the Work to be performed and/or retain fulltime competent persons required by State and Federal safety standards.

The Contractor shall provide a Shift Safety Representative (Manager or Supervisor) for each shift being utilized. The Shift Safety Representative shall have the following minimum qualifications:

1. Three (3) years of progressive safety experience and general competency in the safety disciplines related to the Work;

2. Completed the OSHA ten (10) hour Safety and Health Course; and

3. Training and current certification for CPR and First Aid.

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G. Railroad. The Parkway crosses the Union Pacific Railroad (UPRR) and the Fort Worth & Western Railroad (FWWR) at several locations along the corridor. The Contractor shall cooperate and comply with all railroad requirements including executing any necessary agreements, obtaining permits and/or attend training prior to performing work on or accessing the railroad property. All necessary agreements, permits, required safety training, railroad spotters or flaggers, fees, etc. required to work within the railroad right-of-way will not be paid for separately but will be subsidiary to this Item.

5. Scope of Work. Perform all work required to maintain and operate the Parkway and appurtenances excluding only those items of work listed below under, “Exclusions”. The scope includes the Contractor’s assessment, scheduling of Work to meet requirements of this Special Specification, preventative maintenance and repair, all operational items of Work to support the intended function of the Parkway, and such Work for incident management, clean-up of spilled cargo, removal and disposal of damaged and unsalvageable materials. Contractor’s assessments shall be defined as the Contractor’s daily monitoring of the condition of the roadway, roadway appurtenances, bridges, facilities, and all other items contained within this specification to the extent necessary to discover Work prior to discovery by the NTTA PM. The Contractor shall determine when and where to perform Work to meet the Total Routine Maintenance Performance Criteria listed on Table 1. This includes all maintenance and repairs required to ensure the highway system is kept in its designed and constructed or updated condition and all operational items of work for the Parkway function as intended. Contractor will be responsible for the total routine maintenance of any asset that undergoes a major repair and/or rehabilitation upon final acceptance by the NTTA PM. Performance criteria, timeliness response intervals, and associated liquidated damages are provided in Table 1 “Total Routine Maintenance Performance Criteria”.

Contractor is made aware that the work under this contract also includes items such as incident management, clean-up of spilled cargo, hazardous material (HAZMAT) containment, clean-up and disposal, and obtaining all required permits for related work.

If the Contractor fails to provide Total Routine Maintenance in accordance with this specification that result in excessive and unanticipated deterioration of the roadway or roadway appurtenances, the Contractor shall repair the roadway or roadway appurtenances to a condition commensurate with the roadway or roadway appurtenance characteristics, traffic volume, and age at no additional cost.

The following terms, as used in this Specification, shall have the meanings indicated:

Preventative Maintenance - The preservation and upkeep of an asset to its original condition (or as subsequently improved) insofar as practical. Preventative maintenance includes any activity intended to maintain an existing condition or to prevent deterioration. Examples include, but are not limited to, storm sewer cleaning, joint and crack sealing. Ideally, preventative maintenance is anticipated (i.e. planned) routine maintenance.

Minor Routine Maintenance and Repair - The restoration of a facility to its original condition (or as subsequently improved) insofar as practical. Minor repairs include any activity intended to correct the effects of minor material deterioration by restoring the asset to the pre-damage condition. Minor repairs are generally defined as repairs to elements that are structurally sound with no or minimal loss of strength such as cracking or spalling of retaining wall panels, full depth concrete repair, etc. Minor repairs are un-anticipated routine maintenance. Incidents or

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events that generate repairs costing in excess of $150,000 are not considered routine maintenance and will be addressed by NTTA as a separate project. Generally minor repairs will be considered individual projects or events costing less than $150,000; activities are not cumulative nor can they be combined in an attempt to meet this limit. Routine maintenance activities cannot be delayed or scheduled to create a project in an attempt to meet this limit. This does not preclude the Contractor from performing preventative maintenance activities, such as crack and joint sealing, or equipment replacement regardless of cost.

Non-Routine Maintenance - is defined as major repairs and rehabilitation. Generally, it is anticipated that major repairs and rehabilitation will comprise of projects or events costing excess of $150,000.

Major Damage and Repairs – Major damage results in conditions that affect the strength, integrity or capacity of the facility or asset or impact the safety of the traveling public. Major repairs include any activity intended to correct a failure which impairs the structural integrity of a facility or asset such as a bridge column or a sign bridge being struck by a vehicle. Incidents or events that generate repairs costing in excess of $150,000 are not considered routine maintenance and will be addressed by NTTA as a separate project. If the damage is determined to be minor after investigation by the NTTA PM, the Contractor will be required to make repairs to return the asset to its former condition.

Rehabilitation - The improvement or betterment of a facility which meets or exceeds current design standards, i.e. increase of capacity.

General. It is the intent of this specification that the Contractor relieves NTTA of all routine and preventative maintenance and repair duties in maintaining and operating the approximately 27.6 centerline miles of the Parkway. It will be the responsibility of the Contractor to ensure that they are completely aware of the traditional routine and preventative maintenance and repair functions of NTTA.

Contractor will perform routine and periodic preventative maintenance activities at a frequency that ensures uniform and consistent compliance with NTTA’s Maintenance Rating Program (MRP) criteria and the required maintenance rating level.

Contractor will manage the maintenance of all assets identified in this specification. Tasks include work needs assessment; resource management; work activity planning and execution; and quality control performance to ensure work complies with contractual requirements.

The Contractor and sub-Contractors are responsible for paying all tolls when using the toll facilities for the TRM of the Parkway for the duration of the contract. Tolls will not be paid for separately but will be subsidiary to this Item.

A. Coordination. Prepare, maintain, and periodically update a contact list of all relevant agencies and jurisdictions adjacent to the Parkway. Ensure that proper coordination exists with other Contractors, cities, counties, state and local law enforcement, utilities, fire departments, medical facilities, and other state and federal agencies, etc. Provide the NTTA PM with a copy of the contact list within thirty (30) days of issuance of NTP. Updated lists shall be provided to the NTTA PM within one (1) week of change/revision.

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Ensure that the Contractor Project Manager or designated representative will be available twenty-four (24) hours/seven (7) days a week for the duration of the contract. Declaration or change in Contractor Project Manager or designated representative must be in writing submitted to NTTA within two (2) hours of change being made by the Contractor.

B. Safety Plan. The Contractor shall develop and submit a Safety Plan for NTTA’s review and approval.

1. The Safety Plan shall be submitted and approved by the NTTA PM within thirty (30) days of the issuance of the NTP and:

a. Describe the Contractor’s policies, plans, training programs, Work site controls, and incident management plans for the health and safety of personnel involved with the Work and the general public affected by the Work during the term of the Contract;

b. Define the role and responsibilities of the Safety Manager and safety staff, the hierarchical relationship between the Safety Manager and other managers, supervisors, and employees, and how responsibility and accountability for safety will be incorporated at all levels;

c. Identify personnel and responsible staff who will implement, maintain, and enforce the Safety Plan rules and policies;

d. Provide a safety policy, objectives, and goals for communication of safety, security, health and obligations of all personnel adherence;

e. Contain incident response plan(s) for providing for the safety of personnel involved in the Work and the general public affected by the Work;

f. Contain policies to require, and procedures to assess compliance with, adherence to a one-hundred percent (100%) drug/alcohol free work zone;

g. Provide a system that allows employees to notify management personnel of conditions that appear hazardous, and to receive timely and appropriate responses, without fear of reprisal;

h. Contain procedure(s) addressing:

(1) Identification of all hazards that may be encountered by employees while performing the Work, including communications protocol providing hazard awareness to employees and how to deal with them appropriately;

(2) Providing employee understanding and compliance with safe work practices through training, positive reinforcement, correction of unsafe performance, and if necessary, enforcement through a disciplinary system.

(3) Process to identify, develop, and provide relevant training for employees and supervisors designed to provide all employees understanding and awareness of hazards they may be exposed to and proper methods for avoiding the hazards; and

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(4) Process for supervisory training programs providing understanding of their role in job site safety and enable them to carry out their safety responsibilities effectively; to analyze the Work under their supervision to anticipate and identify potential hazards; and to maintain physical protection in the Work areas, including the establishment of policies to assure each employee is provided with the equipment necessary to complete assigned tasks safely.

(5) Communication and coordination of emergency response, traffic control, security, and operational issues affecting the Work, and associated feeders and exits to the Work site between the Contractor, NTTA and other involved agencies.

C. Prosecution and Progress. The Contractor shall develop, prepare and implement a Roadway Maintenance Operations Work Plan to ensure the desired maintenance is performed. This Work Plan shall contain a description of activities to be carried out during the next month (a one month look ahead), three-months, and twelve-months in a format acceptable to the NTTA PM. These activities should include the routine and preventative maintenance schedules for roadway, bridge, vegetation management, etc. The initial Work Plan shall be submitted and approved by the NTTA PM within sixty (60) days after the issuance of the NTP. The NTTA PM will review the Work Plan and meet with the Contractor to resolve any concerns pertaining to the schedule and the activities. NTTA reserves the right to require modifications to and approve the Plan and schedules as required to meet the objections of NTTA. Once approved, the Work Plan and schedule will not be modified without the approval of the NTTA PM.

Once the Work Plan has been accepted, the updated one-month look-ahead schedule will be submitted for approval by the 15th of the following month and each month thereafter. Submit a quarterly updated Work Plan to the NTTA PM for approval at least fifteen (15) days prior to the first date of each quarter to show a three-month look –ahead which shall include an analysis of the previous three month’s effort. Submit the annual/twelve-month updated Work Plan to the NTTA PM for approval at least fifteen (15) days prior to the first date of each year to show a twelve-month look –ahead which shall include an analysis of the previous year’s effort.

D. Traffic Control and Lane Closures. Except for emergencies, the Contractor shall submit to the NTTA Lane Closure Team a request, in accordance with the latest version of NTTA’s Lane Closure Guidelines, for approval of travel lane(s) and shoulder closures as well as rolling lane closures. No lane closures will be allowed during holidays or major events as determined by NTTA. The Contractor is made aware that the location and type of repair may dictate that work be performed at night or on the weekends. Keep the number of lane closures to an absolute minimum and keep each closure to the shortest time duration possible. NTTA has the authority to deny a lane closure that would cause substantial delay to the traveling public in the case of a special event or other public activity. Should emergencies occur, such as vehicle accidents, structural failures, etc., the Contractor shall take steps to safely open the roadway as soon as possible.

Perform all work in accordance with the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and the TxDOT Barricade and Construction (BC) Standards. Deviation from standard work situations requires the preparation of individual Traffic Control Plans (TCPs). Submit individual TCPs, signed and sealed by a Professional Engineer licensed in the State of Texas, to the NTTA PM for approval.

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If a lane is closed without NTTA authorization, it will be considered as non-performance and subject to penalties as outlined in “Contractor Non-Compliance”.

1. Other Scheduled Closures. The Contractor shall provide necessary static and mobile traffic control, including changeable message signs, for NTTA or law enforcement functions such as, but not limited to, pavement evaluation, friction testing, accident reconstruction or investigation, temporary traffic counter equipment, and bridge inspection. These closures will not be paid for separately but will be subsidiary to this Item.

E. Performance Standards. The performance standards listed below are not the only evaluation criterion that NTTA will use to evaluate performance. The fact that the performance standards are met will not relieve the Contractor of their responsibility to maintain the roadway and all of its elements and appurtenances. The Contractor shall monitor, at least once a day during daylight hours, the condition of the entire Parkway for the purpose of observing conditions requiring maintenance or repair pursuant to the contract. If the Contractor or NTTA discovers deficient conditions, the Contractor will report to the NTTA PM measures that will be taken to correct the situation. This may require working nights, weekends and/or holidays as needed.

The safety of the traveling public and maintaining uninterrupted traffic flow is of the utmost importance and will take priority over any other work. Damage which, in the sole judgment of the NTTA PM, could endanger the traveling public or cause further deterioration of the highway system will be repaired or mitigated immediately. Communication with the NTTA PM is mandatory and must be accomplished within fifteen (15) minutes of observing the safety hazard. The area involved must be rendered safe to protect the public. If routine maintenance is unsatisfactory, resulting in further deterioration of the roadway facilities that result in major maintenance work, the Contractor will be responsible to repair roadway facilities to its previous condition at no additional cost.

The term “minimal” as used in the performance standards means damage that does not affect the safety of the traveling public, does not cause further deterioration of the facility, does not reduce the comfort of the traveling public and is not unsightly all as determined by the NTTA PM.

Any “day” described herein will be considered as a calendar day.

The term “immediately” will be defined as upon discovery or less than one (1) hour after notification.

In every case in which the phrase “of discovery”, “upon discovery” or “after discovery” is used in these Performance Standards, “discovery” will be construed as the earlier of:

 the time at which the Contractor observers the applicable condition,

 the time at which the Contractor should have observed the condition if it had been prudently monitoring the condition of the Parkway in accordance with this contract, or

 one (1) hour after the Contractor receives written notification of the condition by NTTA or any other party

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Each month, the NTTA PM will inspect or evaluate the Contractor’s work on a continuing basis. If the Work is not in compliance with this special specification, charges as outlined in Table 1 “Total Routine Maintenance Performance Criteria” will be assessed.

If, in the opinion of the NTTA PM, work is being delayed because materials are not being delivered in a timely manner, the Contractor shall make every effort to find other suppliers. This contract contains provisions under which NTTA may charge liquidated damages if, in the opinion of NTTA, work is delayed or fails to meet performance standards.

Contractor’s failure to comply with the following performance standards will be a default under the Contract.

1. Pavement Maintenance. The Contractor shall proactively maintain pavements with the goal to preserve the asphalt and concrete pavements in its current condition for the duration of the contract. The Contractor will evaluate the pavement surface condition using the Condition Rating System (CRS) methodology as used by NTTA. This methodology is defined in the most current NTTA Pavement Management Report.

a. Asphalt Surfaces (Travel Lanes and Shoulders)

(1) Perform cleaning and sealing of cracks and joints greater than one-quarter inch ( > ¼”). When required, rout cracks and seal in accordance with current NTTA and/or TxDOT standards.

(2) Repair potholes and base failures greater than one square foot ( > 1 SF) in area. Perform permanent repairs with like materials, neatly saw cut edges, and level with the adjacent pavement. Use a straightedge to ensure the riding surface is satisfactory to the NTTA PM.

(3) Correct bleeding pavement.

(4) Correct all rutting greater than one-half inch ( > ½”) in depth.

(5) Repair travel lane to paved shoulder edge and/or paved shoulder edge to ground drop-offs greater than two inches ( > 2”) deep.

(6) Correct edge buildup.

(7) Repair depressions and bumps greater than one inch ( > 1”) in ten feet (10’). Ride will be smooth with no discernible dips or humps

(8) Correct aggregate/stone/material loss, gouges, delamination, and raveling greater than one square foot ( > 1 SF) in area on the High Friction Surface Treatment (HFST) shoulder per manufactures recommendations.

b. Concrete Pavement (Travel Lanes and Shoulders)

(1) Perform cleaning and sealing of cracks greater than one-quarter inch ( > ¼”). When required by repair method, route cracks and seal in accordance with current NTTA

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and/or TxDOT standards. All worn, missing, or damaged joint material shall be removed and replaced.

(2) Repair potholes, spalls, punch-outs greater than one square foot ( > 1 SF) in area. Perform permanent repairs with like materials, neatly saw cut edges, and level with the adjacent pavement. Use a straightedge to ensure the riding surface is satisfactory to the NTTA PM.

(3) Repair joint faulting greater than one-quarter inch ( > ¼”) across the joint. Ensure the riding surface of the repair is satisfactory to the NTTA PM.

(4) Repair travel lane to paved shoulder edge and/or paved shoulder edge to ground drop-offs greater than two inches ( > 2”) deep. (5) Correct edge buildup.

(6) Repair depressions and bumps greater than one inch ( > 1”) in ten feet (10’). Ride will be smooth with no discernible dips or humps.

2. Roadside Maintenance

a. Sweeping

(1) Perform cleaning and sweeping to remove accumulation of dirt, rock, debris, deicing materials, etc. on travel lanes, bridges, shoulders, sidewalks, and parking lots greater than twenty-four inches ( > 24”) wide and one-quarter inch (1/4”) deep. This includes, but not limited to, curbed locations, turn around areas, railings or traffic barriers, attenuators, bridges, direct connectors, gore areas, ramps, intersections, and riprap to keep all areas in a neat condition.

(2) Sweeping and clean-up of snow and ice control materials shall be completed within seven (7) days after the conclusion of a Snow and Ice event as determined by the NTTA PM.

(3) Use proper sweeping equipment that does not damage the pavement or turf and ensures the public’s safety. If damage occurs, repair or replace damaged areas (with like materials) within forty-eight (48) hours of discovery or notification at no cost to NTTA.

(4) Do not stockpile swept material on ROW prior to disposal. Remove and dispose of accumulated material within the same day in accordance with applicable federal, state, and local regulations.

(5) Water or other approved measures shall be used to control dust.

b. Litter and Debris Removal

(1) Keep the ROW in a neat condition and the appearance virtually free of litter (no more than eight (8) fist-size pieces of litter per 0.1 centerline mile) and debris. Pick

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up, remove, and dispose of litter and accumulated material from the limits of the ROW and dispose of in accordance with federal, state and local regulations. Remove bagged litter from the ROW on the same day of collection.

(2) Pick up, remove, and dispose of litter and debris from detention ponds.

(3) Immediately pick up, remove and dispose of litter and/or debris spills.

(4) Coordinate litter and debris removal with mowing operations. Removal method should not damage the native or non-mow areas.

(5) Native areas and non-mow areas shall be free of litter and debris.

(6) Tires, tire tread, and other potentially dangerous debris shall be removed immediately and disposed of daily in accordance with federal, state and local regulations.

(7) Remove all hazardous material discovered on the highway system in accordance with federal, state and local regulations. Immediately report any hazardous material findings to the NTTA PM.

(8) Live Animals

 Upon discovery or notification, immediately contact the NTTA Command Center if live animals are within the NTTA ROW as they could pose a threat to the traveling public. If necessary, close off the area and notify the NTTA Command Center. Ensure that the live animals are removed safely from the ROW.

(9) Injured Wildlife

 If an animal has been hit or injured, but appears to still be alive, immediately close off area to traffic and notify the NTTA Command Center and provide them detailed information on the animal, your location, the city and county, and which lanes are blocked if any. Contact the NTTA PM and provide similar information.

 NTTA Command Center will provide additional direction.

(10) Dead Wildlife

 Upon discovery or notification, safely remove the dead animal from the travel lanes or shoulder. If necessary, close off area and notify the NTTA Command Center. Bag the animal and properly dispose of at an approved landfill in accordance with federal, state and local regulations. Complete any necessary documentation to dispose of the animal.

(11) Dead animals with owner tags

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 Upon discovery or notification, any dead animal bearing owner tags found on the travel lanes or shoulder of the Parkway shall be removed. If necessary, close off area and notify the NTTA Command Center

 The owner should be contacted and given the location where the animal was located and the condition (deceased) of the animal.

 Ascertain if the owner wants to claim the animal or if they release it for disposal by the Contractor. Inform the owner that the Contractor will only keep the carcass for a twenty-four (24) hour period before disposal.

(12) Dead animals with no owner tags

 Upon discovery or notification, any dead animal found on the travel lanes or shoulder of the Parkway shall be removed and properly disposed of in accordance with federal, state and local regulations at an approved landfill.

(13) Provide equipment that prevents accumulated litter from being strewn during transport.

(14) If any items are found on the ROW that contains personal information, follow current NTTA Standard Operating Procedures for lost, found or stolen property.

(15) Records of litter and debris removal will be provided by the 15th of each month in a format acceptable to the NTTA PM.

c. Turf Management. The following specifications describe NTTA’s minimum requirements for ensuring a solid and healthy turf stand for this region of Texas for the duration of the contract. If the minimum maintenance expectation activities do not result in a solid, healthy and/or acceptable turf stand, the Contractor is required to implement additional maintenance activities to bring the turf into compliance with the foregoing Turf Maintenance Performance Standards.

(1) Turf shall be maintained to ensure a solid, healthy grass stand virtually free of weeds and undesirable grasses.

(2) Unless otherwise indicated, mow the entire Parkway ROW as shown on the plan layouts.

(3) Mow to keep the height of turf between four-and-a-half (4 ½) and seven (7) inches through all sections of the Parkway including all detention ponds.

(a) Sections 1 -5 Turf mowers are required. (b) Section 6 Turf, rigid-framed or batwing rotary mowers with deflection devices are allowed.

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(4) Mowing operations will be conducted in a manner that will not damage the ROW and begins before turf reaches maximum height. Delay mowing when soil is wet in order to eliminate rutting.

(5) Contractor is made aware that “Non-Mow” or “No Mow” areas will exist within the ROW as shown on the plans.

(6) Maintain all rotary mowers with sharp blades to cleanly cut vegetation at all times. All rotary mowers must be equipped with either safety chains or the manufacturer’s safety device to prevent damage to property and/or the traveling public caused by flying debris propelled out from under the mower.

(7) Contractor shall remove all equipment from the ROW at the completion of each mowing cycle. Equipment shall not be left within thirty feet (30’) of the edge of the shoulder.

(8) In turf areas adjacent to parking lots and buildings, turf height shall be maintained between two (2”) and four (4”) inches.

(9) Full-width mowing will be performed after the first killing frost.

(10) All litter and debris shall be removed prior to the commencement of mowing.

(11) Turf shall be actively growing and relatively free of weeds with no barren areas greater than four square feet (4 SF) in area.

(12) No turf or weeds are allowed to encroach onto paved shoulders, main lanes, islands, riprap, traffic barriers or curbs.

(13) Spot mowing is required at intersections, ramps or other areas to ensure visibility of appurtenances and sight distances are maintained.

(14) Turf shall be trimmed around all fixed objects including, but not limited to, signs, metal beam guard fences, retaining walls, sidewalks, drainage flumes, curbs, rip rap, drainage flumes, and irrigation boxes. Trimmed areas are to be of identical height as adjoining turf and may need to be accomplished more frequently than mow cycles to ensure visibility of appurtenances and sight distances are maintained.

(15) Complete trimming within twenty-four (24) hours of mowing.

(16) Turf clippings remaining on the turf area will be removed daily. No visible grass clumps or clippings shall be visible from the roadway. Turf clippings are not permitted on paved shoulders, mainlanes, sidewalks, rip rap, curbs, etc. and shall be removed immediately following mowing. Turf clippings are not allowed to enter any drainage inlets.

(17) Herbicide and fertilizer use requires advance approval of the NTTA PM.

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(18) All herbicide activity shall be recorded and maintained on file and conform to Texas Department of Agriculture requirements. Records shall be submitted to the NTTA PM upon request.

(19) All turf shall be inspected twice annually in April and September or as conditions warrant by the NTTA PM and Contractor.

d. Landscape Areas. The following specifications describe NTTA’s minimum requirements for ensuring a healthy and vigorous plant growth for this region of Texas. If the minimum maintenance expectation activities do not result in a healthy, vigorous and/or acceptable plant growth, the Contractor is required to implement additional maintenance activities to bring the planting beds into compliance with the foregoing Landscape Planting Bed Maintenance Performance Standards.

(1) Maintain landscaped areas at their originally constructed condition.

(2) Landscape beds and bridge planters may include shrubs, ornamental grasses and trees shall be maintained to ensure healthy plant growth of each plant species by implementing appropriate irrigation and fertilization schedules for each species and mitigating any insect or disease infestation.

(3) Planting beds are to be kept clean of all vegetation not identified for the area.

(4) Chocolate Brown Hardwood Mulch cover is to be maintained to a two inch (2”) settled depth.

(5) Erosion in planting beds is not allowed.

(6) Swales within landscaped areas shall be maintained to facilitate free flowing drainage water. Ponding is not permitted.

(7) All landscape areas, including bridge planters and trees, shall be inspected twice annually in April and September or as conditions warrant by the NTTA PM and Contractor.

(8) Concrete landscape edging shall be free of defects (misalignments, cracks, settlement, undermining, etc.).

(9) All litter shall be removed from landscape beds which includes landscape areas both within and outside NTTA ROW.

(10) Irrigate all plants adequately to maintain optimum supply of moisture within the root zone of each plant species. If the irrigation system is inoperative, hand watering shall be accomplished from an approved source. Do not apply water with a force that will displace mulch, cause soil erosion or applied so quickly that it cannot be absorbed by the mulch and plants.

(11) A plant is considered dead or unacceptable when more than twenty-percent (20%) of the foliage or branches are dead.

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(12) Maintain object markers at water meter and valve locations.

e. Trees

(1) Trees within the Parkway ROW, except in established non-mow areas, shall be trimmed to allow mower access. Trimmings shall be removed daily.

(2) Trees shall be actively growing and pruned to ensure they do not interfere with vehicles or sight distance, or inhibit the visibility of signs, as required to meet applicable TXDOT standards or as directed by the NTTA PM.

(3) Pruning shall be “Class II” standard pruning and shall be completed in such a manner the original symmetry of the particular tree species is maintained and promoted. Pruning clippings shall be removed daily.

(4) When trimming all oak trees, disinfect tools with seventy-percent (70%) methyl alcohol, chlorine solution, or other approved disinfectant before moving from one tree to another. Do not trim oak trees from February through September.

(5) Vertical clearance over sidewalks or parking spaces shall be maintained at ten feet (10’) or more.

(6) Dead trees shall be removed and replaced within ten (10) days of discovery or notification. Tree removal shall be performed immediately if it constitutes a hazard. Replacement trees shall be identical in species to those removed and shall be of similar size to adjacent trees of the same species.

f. Shrubs

(1) Shrubs shall be selectively pruned each in the appropriate manner for each species, maintaining the natural form of each type.

 “Box”, “hedge” or “lollipop” pruning is not allowed.

 Pruning shall be done in such a manner as to promote the natural form and ornamental or flowering characteristics of each species.

 Prune clippings shall be removed daily.

(2) Shrubs shall be actively growing and pruned to ensure they do not interfere with vehicles, line of sight distances or inhibit visibility of signs or as directed by the NTTA PM.

(3) Dead shrub material shall be replaced. Replacement shrubs shall be identical in species to those removed and shall be of similar size to adjacent material. In the event suitable size material cannot be found, the NTTA PM shall make a determination of the size of the shrub material to be replaced.

g. Ornamental Grasses

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(1) Ornamental grasses shall be actively growing and trimmed to ensure they do not interfere with vehicles, line of sight distances or inhibit visibility of signs or as directed by the NTTA PM. Trim annually when grasses are dormant and prior to the onset of new growth in the spring.

(2) Ornamental grass trimmings remaining on the landscape or turf area will be removed daily. Trimmings are not permitted on paved shoulders, mainlanes, sidewalks, rip rap, curbs, etc. Trimmings are not allowed to enter any drainage inlets

(3) Finished height of trimming is dependent on ornamental grass species.

(4) Dead grass material shall be replaced. Replacement grasses shall be identical in species to those removed and shall be of similar size to adjacent material. In the event suitable size material cannot be found, the NTTA PM shall make a determination of the size of the grass material to be replaced.

h. Vines

(1) Vines shall be actively growing and trimmed to the bottom of the coping of the retaining walls or as directed by the NTTA PM. Vines shall not extend laterally past the limits of the landscape bed. Vine trimmings shall be removed daily.

(2) Vines are to be maintained so as not to interfere with vehicles, line of sight distances or inhibit visibility of signs or as directed by the NTTA PM.

(3) Dead vine material shall be replaced. Replacement vines shall be identical in species to those removed and shall be of similar size to adjacent material. In the event suitable size material cannot be found, the NTTA PM shall make a determination of the size of the vine material to be replaced.

i. Irrigation Maintenance

(1) The irrigation system consists of a Calsense Central Control (CCS) System, a weather station and several satellite controllers connected to the CCS by Ethernet.

(2) The Contractor’s licensed irrigator shall be either Calsense experienced or Calsense trained prior to contract commencement.

(3) All irrigation maintenance shall be supervised by an Irrigator licensed in the State of Texas. Contractor to continuously monitor and maintain all irrigation equipment and zones so they function properly.

(4) The Irrigator is to properly schedule irrigation application for each individual plant species to ensure healthy and continual plant growth.

(5) The Contractor shall provide the NTTA PM a designated twenty-four (24) hour contact for repairs deemed an emergency. Water on any road surface resulting from an irrigation leak or break constitutes an emergency repair.

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 The Contractor shall dispatch personnel for emergency repair upon notification by the NTTA PM, regardless of the hour or day of the year. This person must be on- site and ready to perform the necessary assessments within two (2) hours of notification. Repairs will begin immediately after the assessment is completed.

(6) During system failure and repairs, the Contractor shall continue to meet the irrigation requirements of the plant material by a method acceptable to the NTTA PM at no additional cost.

(7) The Contractor is responsible for having all backflow devices inspected and certified annually in accordance with local municipality and TCEQ requirements and make any repairs discovered at no additional costs to NTTA.

(a) Copies of Contractor performed annual inspections shall be forwarded to the NTTA PM.

j. Embankment and Slope Maintenance

(1) Embankments and slopes will be maintained with no erosion greater than two inches ( > 2”) deep. Repair erosion or damage by filling to bring the ROW back to the original lines and grades. The NTTA PM may determine additional time or postponement of the repair is warranted due to weather conditions and/or seasonal characteristics. Adequate sod, fertilizer, erosion-control blankets, silt fences, rock berms, etc. will be used to allow the area to revegetate. Soil utilization for rut or erosion repair shall be neutral and friable soil uniform in texture and shall not contain noxious weeds (Johnson grass, nutsege, etc.). Any non-landscape repair areas, twenty-five square feet (≥ 25 SF) or greater, shall be resodded with Bermuda grass.

(2) Keep all riprap (concrete slope protection) joints and cracks sealed and free from vegetation. Sealant will be color-matching, self-leveling silicone.

(3) Drain holes/weep holes must be clear and functional.

(4) Repair or replace damaged or undermined riprap.

(5) Immediately mitigate or barricade slope failures upon discovery. Permanent slope failure repairs must conform to the original cross-section and be revegetated to match adjacent area.

(6) Major slope or embankment failures are considered an emergency. Permanent repair options must be submitted to the NTTA PM within seven (7) days of the failure for approval.

(7) Maintain and repair all berms including, but not limited to, earthen and rock used as Best Management Practices (BMPs).

k. Graffiti Removal

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(1) Remove gang related and potentially offensive (vulgar, sexually or racially oriented, etc.) graffiti immediately. All other graffiti will be removed within three (3) days.

(2) Perform removal method in a manner that restores the surface to an appearance similar to adjoining surfaces and that does not damage surface or coating

(3) Use environmentally friendly materials and processes to remove graffiti. Restore anti-graffiti coating if one existed.

(4) Collect all debris resulting from the cleaning process and remove from ROW at the end of each day. Dispose material off the ROW in accordance with applicable federal, state and local regulations.

l. Encroachments

(1) The Contractor shall insure that all illegal signs and other encroachments are promptly removed from the ROW. This includes, but is not limited to, political signs, advertising signs, and roadside memorial markers.

m. Drainage

(1) All inlets, junction boxes, grates and storm water access drains shall be maintained in good operating conditions at all times. The inlets and structures will be cleaned and any debris accumulation removed. Erosion around inlets shall be backfilled to facilitate drainage.

(2) Culverts shall be maintained free of obstructions by debris, trees, brush, silt, etc.

(3) Repair or replace separated, collapsed or crushed culverts or pipes.

(4) Sumps shall be inspected semi-annually and maintained. Sumps shall not be more than fifty percent ( > 50%) full. Documentation of inspection shall be maintained and submitted to the NTTA PM upon request.

(5) Keep all ditches and traffic barrier drainage slots clear, functioning and free of debris, trash, trees, brush, and foreign material.

(6) Investigate any ponding on the travel lanes or shoulders and immediately remove or rectify any obstructions shown to cause ponding.

(7) Keep all grates, inlets, and storm sewer pipe inlet connections intact, secure, unbroken, and open to facilitate drainage.

(8) Reestablish the original lines and grades of all ditches, swales, or detention ponds where erosion and/or siltation are greater than twelve inches ( > 12”). Install sod, fertilizer, compost, erosion control blankets, silt fences, rock berms, riprap, etc., to allow repaired areas to revegetate.

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(9) Pavement under drains and related clean-outs shall be maintained in good operating conditions at all time.

n. Channels

(1) Maintain channel in original condition and keep free of undesired vegetation, trees, debris and brush. Remove debris that interferes with stream flow in channels.

(2) Maintain riprap protection to its original configuration or modified as approved. Keep riprap free of undesirable vegetation. All joints and cracks will be sealed with a color-matching, self-leveling silicone.

(3) Missing or settled riprap areas that expose more than five square feet ( > 5 SF) of soil is not permitted. Repair or replace damaged or undermined riprap.

(4) Repair foundation riprap failures, undermining or scouring.

(5) Reestablish the original lines and grades of all channels where erosion and/or siltation are greater than twelve inches ( > 12”). Install sod, fertilizer, compost, erosion control blankets, silt fences, rock berms, riprap, etc., to allow repaired areas to revegetate.

(6) Maintain and repair all berms, including but not limited to, earthen and rock used as BMPs.

(7) Adding of erosion control measures to stabilize soil will be permitted with the approval of the NTTA PM.

o. Mitigation Areas, Storm Water Treatment Units, and Detention Facilities

(1) Mitigation areas, as shown on the plans, will be maintained as originally designed and permitted. Pick up, remove and dispose of litter to maintain a neat appearance.

(2) Storm Water Treatment Units (SWTU) must function as designed and be maintained per manufacturers recommendations. Clean SWTU’s quarterly (as a minimum) and possibly after each winter weather season.

(3) Detention facilities will be maintained as designed. Pick up, remove, and dispose of litter to maintain a neat appearance. Keep detention facilities free of undesirable vegetation.

(4) Notify NTTA immediately if any contamination (petroleum, sheen, odd odors, etc.) is evident. HAZMAT containment, clean-up and disposal may be required. Obtain required permits for related work.

(5) Mow to keep the height of the turf in detention facilities between four-and-a-half (4- ½”) and seven (7”) inches.

(6) Maintain access doors or gates to enclosure areas.

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(7) Documentation of material removal (type, quantity, etc.) shall be submitted in a format acceptable to the NTTA PM the following month from when the work was performed.

p. Retaining and Sound/Screen Walls

(1) Maintain retaining and sound/screen walls as designed including keeping the drain holes, under drain system and/or weep holes clear and functioning as intended.

(2) Monitor, by visible inspection, retaining walls and notify the NTTA PM of any notable movement or loss of backfill material and repair as approved. Notwithstanding the foregoing, the Contractor will commence temporary repair of any hazardous condition resulting from a wall failure immediately upon discovery. Notify the NTTA PM of temporary repair process/procedure within two (2) hours of hazardous condition discovery.

(3) Monitor, by visible inspection, all vertical and horizontal alignments are within the construction/engineering specifications. Notify the NTTA PM immediately if either alignment appears to exceed construction/engineering specifications.

(4) Kill and remove all weeds and undesirable vegetation growing from retaining walls and both sides of sound/screen walls using an approved herbicide program to prevent re-occurrence.

(5) Repair damaged retaining wall panels and/or coping.

(6) Repair damaged sound or screen walls.

(7) Keep areas delineated by screen walls under bridges free of debris, clothing, bedding and other personal belongings of individuals using any part of the NTTA ROW as a habitat or refuge. Maintain access doors or gates to enclosure areas.

(8) Maintain aesthetic features of walls, including all coatings, as applicable. No rust, excessive staining, scuffs, spalls are allowed.

q. Sidewalks

(1) Allow no unsealed cracks or joints. All joints and cracks will be sealed with a color- matching, self-leveling silicone.

(2) Maintain sidewalk to ensure that there is no vertical displacement greater than one- and-a-half inch ( > 1-½”) in ten feet (10’).

(3) Kill and remove all weeds and undesirable vegetation using an approved herbicide program to prevent reoccurrence.

(4) Keep sidewalks neatly edged.

r. Curb, Gutter, Mow Curb, or Concrete Landscape Edging

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(1) Curbs, gutters, mow curbs and concrete landscaping edging will be free of defects (i.e. cracks, broken, unsealed joints, misalignment, settlement, etc.).

(2) Kill and remove all weeds and undesirable vegetation using an approved herbicide program to keep vegetation from encroaching upon the curb, gutter, mow curb or landscape edging and prevent reoccurrence.

s. Fencing, Gates, Pedestrian Doors, Swing and Roll-up Access Doors

(1) Immediately mitigate and temporarily repair fence or gate if potential hazards (such as non-contained livestock) could impact the traveling public. Repair permanently with like materials.

(2) Repair or replace damaged (torn, ripped or broken areas greater than one square foot ( > 1 SF), misaligned, leaning, non-vertical posts (greater than six inches ( > 6”) out of plumb) or non-functioning fencing or gate. This includes, but is not limited to, decorative, barbed wire, wire, vinyl, chain link, NTTA ROW, NTTA toll avoidance. Temporary repairs must be performed immediately if access to area is compromised.

(3) Maintain roll-up access doors or gates (per manufactures recommendations) such as but not limited to handles, mechanical components, electrical components, etc. to enclosure areas.

(4) Maintain all pedestrian doors such as but not limited to handles, mechanical components, etc. to enclosed areas.

(5) All decorative fencing and related connections shall be physically inspected annually. Documentation of this inspection will be submitted to the NTTA PM upon request.

(6) Contractor shall color match all repairs. (See as-built Chisholm Trail Parkway construction plans and/or specifications for specific colors and requirements.)

3. Traffic Operations. For the purpose of this contract, and specifically these Performance Standards, a sign, marker, delineator, linear delineation system (LDS) panel, or other object marker will be deemed “non-reflective” or “not reflective” if it does not meet the minimum retroreflectivity in accordance with the current TMUTCD.

a. Signs

(1) Immediately repair or removal of damaged overhead sign structures, including dynamic message sign support structures, which presents a safety hazard. Install temporary signs which may include dynamic message signs. Repair or replace damaged overhead sign structures and sign(s) with like materials unless otherwise directed by the NTTA PM.

(2) Sign design (size, legend, sheeting type and content), lateral placement, sign posts, sign foundations, and sign support systems must be in accordance with current NTTA and/or TxDOT standard sheets. Fiberglass or wood signs will not be allowed.

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(3) Replace signs that have more than five percent (> 5%) face damage or have been vandalized.

(4) Maintain all sign posts vertical (plumb to within one-half inch (1/2”) per foot of post length), rust free and clear of silt or other debris that could impede break-away function/features.

(5) Knocked down or damaged signs shall immediately be removed from the ROW. Repair or replace damaged signs and posts. Reinstall large signs knocked down with no sign face damage. Wash sign faces prior to reinstallation.

(6) Install temporary ground-mounted signs for damaged exit signs immediately.

(7) Perform day and night sign inspections on six (6) month intervals starting from NTP. Documentation of findings needs to be uploaded into NTTA’s CMMS within twenty-four (24) hours after completion of each inspection. Replace non-reflective signs within thirty (30) days of each inspection.

(8) If replacing one or more signs in a “rack” (multiple signs mounted on single post and/or structure), assure that they are similar in material, retroreflectivity and appearance during day and night.

(9) New signs added to the Parkway shall be installed by the Contractor as directed by the NTTA PM and in conformance with latest NTTA and/or TxDOT standards. NTTA will furnish posts, signs and hardware.

(10) Contractor shall install all NTTA provided rate change plaques/stickers/signs in conformance with NTTA PM directed timeline. Rate changes typically occur every two (2) years.

(11) Contractor shall be responsible for updating and installing new (NTTA provided), or relocating speed limit signs within the limits of the project, as directed by the NTTA PM, based on findings and recommendations of future engineering and traffic studies. The Contractor shall have all speed limit signs in place within ten (10) working days after the direction by the NTTA PM is given. No changes in speed limit signs shall occur unless directed or approved by the NTTA PM.

(12) Longitudinal and lateral sign placement must be in accordance with TxDOT’s Sign Crew Field Book.

(13) Damaged “STOP”, “YIELD”, “DO NOT ENTER”, “ONE WAY” and “WRONG WAY” signs will be replaced upon discovery. Replace other deficient or damaged warning and regulatory signs within twenty-four (24) hours.

(14) Contractor will control adjacent vegetation to ensure good visibility of signs.

(15) Contractor to maintain large guide/overhead signs on IH 30, SH 183, IH 20 and US 67 that direct traffic to the Parkway.

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Page 142 of 217 January 2017

(16) Contractor to maintain Chisholm Trail Parkway trailblazer signs that are typically installed 1 mile from the Parkway.

b. Parkway Lighting (Illumination)

(1) Perform monthly night inspections of luminaries, sign lighting, LED’s, overpass, monument lighting and under bridge lighting. Identify each outage by pole number on an approved inspection report. Documentation of findings needs to be uploaded into NTTA’s CMMS within twenty-four (24) hours after the completion of each inspection. Repair all deficiencies noted in the inspection report form within seven (7) days after inspection. Provide the NTTA PM documentation of corrective deficiencies within fourteen (14) days after inspection.

(2) Operate and maintain all Parkway illumination (excluding utility costs). Ensure all lights and luminaries function correctly.

(3) During the term of this contract, should new illumination be installed by NTTA or other, the Contractor will be responsible for its security, maintenance and operation at no additional compensation.

(4) Ensure all illumination pole access panels are present and secured.

(5) Immediately remove luminaire poles knocked down from ROW.

(6) Replace broken or damaged transformer bases.

(7) The Contractor will be responsible for maintenance of icon, logo sign and column wash lighting at toll gantries. Replacement and repair of said lighting shall be accomplished upon discovery.

(8) Damaged highway lighting equipment will be replaced in-kind or as approved by the NTTA PM.

c. Pavement Markings and Graphics

(1) Pavement markings will include, but are not limited to, the following: edge lines, lane lines (i.e. skips), lane drops, entrance/exit gores, graphics (i.e. arrows, words), crosswalks, stop bars, yield triangles, shields.

(2) Perform Mobile Retroreflectivity Data Collection (MRDC), in accordance with TxDOT’s (2004) Special Specification 8094, “Mobile Retroreflectivity Data Collection for Pavement Markings”. Perform initial MRDC for all pavement markings within sixty (60) days of issuance of NTP. This data will establish the Baseline Condition of the pavement markings for the Contractor to maintain throughout the term of the contract. Documentation of findings needs to be uploaded into NTTA’s CMMS within seven (7) days after the completion of each inspection. Repair all deficiencies noted in the inspection report form within thirty (30) days after inspection.

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(3) Perform annual MRDC for all pavement markings within thirty (30) days of the date when the initial MRDC or previous annual MRDC was performed. Install new pavement markings (in kind) within thirty (30) days after the MRDC when the Minimum Retroreflectivity Requirements (MRR) does not meet the following minimum requirements:

(a) White markings: 150 mcd/m2/lux

(b) Yellow markings: 100 mcd/m2/lux

(4) A marking shall be considered meeting the MRR if:

(a) The combined average retroreflectivity measurement for a one mile segment meets the minimum retroreflectivity values specified, and

(b) No more than 30% of the retroreflectivity measurement values are below the MRR value within the one mile segment.

(5) The NTTA PM may accept failing one mile segments, if no more than 20% of the retroreflectivity measurements within the mile segment are below the minimum retroreflectivity requirement values.

(6) The one-mile segment will start from the beginning of the data collection and end after one mile worth of measurements have been taken; each subsequent mile of measurements will be a new segment. Centerlines with two stripes (either solid or broken) will result in 2 miles of data for each mile segment. Each centerline stripe must be tested for compliance as a stand-alone stripe.

(7) Maintain marking length, width, shape, size, and configuration to the original condition. Damage is defined as missing ten percent (10%) of the original marking or for long lines missing more than five continuous feet (5’). Restriping of broken line will be the complete line. Continuous stripe will be striped not less than fifty feet (50’). Gore stripe will be complete line.

(8) Pavement markings damaged by snow and ice control measures are the Contractor’s responsibility to replace within thirty (30) days of the completion of the winter weather season as defined by the NTTA PM. Contractor will receive no additional compensation for this work.

(9) Utilize current NTTA and TxDOT standard sheets for applicable pavement marking details.

d. Raised Reflective Pavement Markers

(1) Perform day and night inspections on all raised pavement markers on six (6) month intervals starting within sixty (60) days of issuance of NTP. Documentation of findings needs to be uploaded into NTTA’s CMMS within twenty-four (24) hours after the completion of each inspection. Repair all deficiencies noted in the inspection report form within thirty (30) days after inspection. Provide the NTTA

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PM documentation of corrected deficiencies within two (2) weeks of addressing the deficiencies.

(2) Replace all markers that are broken, missing, sunken, shifted or rotated and those not meeting the requirements below.

(a) At night, using a passenger vehicle with the headlights set on low beam, eight (8) markers must be reflective when placed on forty foot (40’) spacing.

(b) Provide the NTTA PM documentation of corrected deficiencies within two (2) weeks of addressing the deficiencies.

(3) Remove and replace ALL raised pavement markers (RPM) and adhesive every twenty-four (24) months including, but not limited to, on the main lanes, gores, ramps, wrong way arrows, lane drops, and auxiliary lanes. Use epoxy adhesive on concrete pavements and bituminous adhesive on asphalt pavements.

(4) Raised pavement markers damaged by snow and ice control are the Contractor’s responsibility to replace within thirty (30) days of the conclusion of the winter weather season as determined by the NTTA PM. Contractor will receive no additional compensation for this work.

e. Barrier Markers, Linear Delineation System, Object Markers and Delineators

(1) Perform day and night inspections on all markers and delineators on six (6) month intervals starting within sixty (60) day of issuance of NTP. Documentation of findings needs to be uploaded into NTTA’s CMMS within twenty-four (24) hours after the completion of each inspection. Repair all deficiencies noted in the inspection report form within seven (7) days after inspection

(2) Repair, replace, and/or clean defective, broken or missing pavement makers, barrier markers, linear delineator system (LDS) panels, delineators and object markers. Object markers and delineators posts shall be plumb to within one inch (1”) per foot of post length. Items will be considered defective if they are not reflective, aligned correctly, or are missing. Match existing type when replacing unless otherwise approved.

(a) No more than five (5) object markers or delineators shall be defective per mile.

(b) Markers and delineators shall be visible at three hundred feet (300’) at night from a passenger vehicle with the headlights set at low beam.

(3) Markers or delineators damaged during snow and ice control are the Contractor’s responsibility to repair or replace within two (2) months of the completion of the winter weather season as defined by the NTTA PM. Contractor will receive no additional compensation for this work.

f. Impact Attenuators

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(1) Clean, adjust and inspect attenuators as necessary to ensure proper operation.

(2) Immediately remove debris and install warning signs and temporary barriers (i.e., drums), if needed. Replace damaged attenuators in-kind unless otherwise approved.

(3) Damaged, but functional, attenuators will be replaced or repaired within fourteen (14) days of notification or discovery. Remove and properly dispose of any parts that are not reusable. Replace damaged attenuators in-kind unless otherwise approved.

(4) Attenuator replacement and/or repairs must be performed by Contractor personnel properly trained by the manufacturer. Documentation of manufacturer training to be provided to the NTTA PM upon request.

g. Guardrail and End Treatments

(1) Inspect and adjust guardrails and end treatments, as necessary, to ensure proper operation. This includes tightening tension cables, nuts and bolts.

(2) Guardrail and end treatments are maintained free of defects.

(3) Immediately remove debris and install warning signs and temporary barriers (i.e., drums). Replace in-kind unless otherwise approved.

(4) Repair or replace damaged guardrail and/or end treatments. Replace in-kind unless otherwise approved.

(5) Several sections of the corridor have weathering steel W-beam guardrail. Within six (6) months of NTP, the Contractor will develop and submit to the NTTA PM for approval an Inspection and Replacement Program Plan (for both visual inspection and non-destructive testing) for the weathering steel guardrail. The Plan shall be updated as needed or as requested by the NTTA PM.

h. Concrete Traffic Barrier (CTB) and Traffic Rail

(1) Immediately respond and mitigate damaged CTB and traffic rail.

(2) Repair spalls or damaged greater than one square foot ( > 1 SF) in area and one inch (1”) in depth on the concrete traffic barrier.

(3) Scuffs, skid or tire marks, etc. greater than five square foot ( > 5 SF) per occurrence will be removed and recoated, if necessary. Recoating will be from joint to joint and match adjacent barrier. The removal process must not cause additional damage to the barrier or adjacent barriers.

(4) Maintain CTB and traffic rail drain slots so that they are clear and functional.

(5) Barriers or rail shall be straight and any misalignment (greater than four inches ( > 4”) per barrier section) must be returned to their original alignment.

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4. Bridge Maintenance.

a. Overall Bridge

(1) Routine safety inspections of all bridges will be performed every two (2) years by TxDOT. Maintenance work identified in the inspection reports will be forwarded by the NTTA PM to the Contractor. Perform, as approved, all bridge maintenance work identified by these inspection reports.

(2) Contractor shall perform informal bridge maintenance inspections every ninety (90) days to monitor the bridges for needed repairs. When damage to a highway bridge structure or overpass is discovered, immediately perform the necessary detailed inspections. Establish and maintain detours if there is any question about the ability of the structure to function in a safe manner.

(3) Design and perform all bridge repairs. Obtain from the NTTA PM approval in writing for all repairs for bridge damage before the work is begun, except that shoring or other temporary measures may be performed to stabilize a structure before the final repair method is approved. Use the most current NTTA and/or TxDOT specifications for repairs and materials unless otherwise approved by the NTTA PM. All plan sheets must be signed and sealed by a Texas Licensed Professional Engineer. This will not be paid for separately but will be subsidiary to this Item

(4) Submit to the NTTA PM for approval a plan for addressing deficiencies including repair methods, materials and schedule. Schedule repair immediately for any damage that is determined as major.

(5) Contractor shall maintain all safety features.

(6) For cross street bridges within the NTTA ROW, the Contractor will be responsible for maintaining the bridge deck, superstructure and substructure. Contractor will maintain the planters on cross street bridges where they exist.

(7) Remove graffiti per requirements in “Graffiti Removal”.

(8) Keep structures free of undesirable vegetation.

(9) Notify the NTTA PM immediately if a bridge structure suffers major damage. Structurally critical conditions must be addressed upon discovery.

(10) Maintain all metal, PVC and/or other conduits placed on the structure for drainage, electrical, fiber, etc. This includes the support devices and/or hangers.

(11) When damage requires lane closures, work will progress to reopen the closed lane(s) within time limits specified by the NTTA PM and based on each set of specific circumstances.

b. Approach.

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(1) Perform cleaning and sealing of expansion joints (between approach slab and pavement).

(2) Make repairs or modifications to prevent entry of roadway runoff entering under the approach slab.

(3) Correct any approach slab settlement greater than three-quarters of an inch ( > ¾”) in depth.

(4) Maintenance conformance requirements for other appurtenances such as, but not limited to, guardrail, end treatments, pavement, drop-offs, etc. shall be in accordance with applicable sections of this specification.

c. Railing (Steel and Concrete)

(1) Immediately respond (install necessary warning signs, protective devices, temporary railing, etc.) and begin the process of repairing or replacing damaged bridge rail, concrete parapets, approach guardrail, end treatments, or attenuators that will no longer function as designed and present an immediate hazard to the traveling public.

(2) Major rail damage is considered an emergency. Permanent repair options must be submitted to NTTA PM within three (3) days of the damage for approval.

(3) Repair or replace damaged rail.

(4) Railing, fencing, etc. that are visible from the adjacent roadway will be kept clean (including removal of bird droppings) and any accumulation of dirt, dust, debris, silt, etc. will not be allowed.

(5) Maintain aesthetic features of bridge rail elements, including all coatings, as applicable.

d. Deck

(1) Repair spalls and damaged areas greater than one square foot ( > 1 SF) in area on bridge decks.

(2) Exposed reinforcing steel is not allowed.

(3) Keep drains clean and functional. Flush bridge drainage system to facilitate drainage.

(4) Deck grates are present and secure. Drainage structures have no exposed reinforcement.

(5) Keep joints clean and appropriately sealed. No more than ten-percent ( < 10%) incompressible materials in each joint.

(6) Repair loose armor joints as approved by the NTTA PM.

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(7) Repair approach and deck joints where ten-percent (10%) or more of the seal or sealant is missing, debonded, or brittle.

(8) Repair or replace non-functioning or damaged underdeck lighting.

e. Superstructures

(1) Ensure steel beams are straight, with minimal cosmetic damage or rust and all fasteners are present and tight.

(2) Repair cracks greater than one-eighth inch ( > 1/8”) and spalls greater than one-half square foot ( > ½ SF) on concrete beams. Ensure reinforcing steel is not exposed.

(3) Exterior beams crossing over traffic and/or beams that are visible from the adjacent roadway will be kept clean (including removal of bird droppings) and any accumulation of dirt, dust, debris, silt, etc. will not be allowed.

(4) Maintain aesthetic features of walls and beams, including all coatings, as applicable.

f. Substructures

(1) Repair cracks greater than one-eighth inch ( > 1/8”) and spalls greater than one-half square foot ( > ½ SF) on columns, pilings and caps. Ensure reinforcing steel is not exposed.

(2) Bearing assemblies will be kept clean and functional.

(3) Ensure abutment and bent caps are clean (including removal of bird droppings) and free of debris.

(4) Ensure neoprene bearing assemblies are present, not cracked or cut, have uniform compression, and have not debonded.

(5) Ensure metal bearing assembly plates and connections (bolts, nuts, etc.) are present and functional.

(6) Ensure columns are free of scour

(7) Damage to the abutment and bent caps will be reported to the NTTA PM upon discovery.

(8) Maintenance conformance requirements for other appurtenances such as, but not limited to, retaining walls, drainage, lighting, and graffiti shall be in accordance with applicable sections of this specification.

(9) Maintain aesthetic features of walls, including all coatings, as applicable.

5. Aesthetic Features (Monuments and Public Art Columns)

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a. Contractor shall be responsible for maintaining the structural components of the monuments adjacent to bridges. This includes the brick fascia at the University Monument.

b. Remove graffiti on monument.

c. Maintain monument up lighting.

d. Contractor will not be responsible for any components of the decorative tile on the monuments. If the tile is damaged or gets tagged by graffiti, it will be repaired by Others.

e. Contractor will not be responsible for maintaining any of the components of the public art columns. All maintenance, graffiti removal and repairs will be performed by Others.

6. Building/Facility Maintenance. Routine and preventative maintenance shall be performed as needed to keep the buildings/facilities in good condition. Maintenance shall include the interior, exterior and grounds.

a. The two occupied buildings include the following:

 NTTA Toll Tag Store

 NTTA / Department of Public Safety Office

b. Un-occupied facilities include the following:

 Sand Stockpile North / Ft. Worth

 Sand Stockpile South / Joshua

 Communication Huts and IT Buildings at stockpiles, mainlane and ramp gantries

c. Contractor is responsible for line voltage from originating source or electrical service center (ESC) to and through IT equipment termination device point. If the termination device is defective, Contractor will replace with NTTA IT provided termination device. These termination devices shall include, but are not limited to, switches, fuses, outlets, and breakers.

d. Contractor is responsible for lightning arrest systems.

e. Sand stockpile facilities include the following: underpass lighting, cantilever gates, a restroom, bollards, screen and retaining walls, riprap, concrete pavement, ROW fencing, PVC drains, sanitary sewer line, signs, fiber optic cable, etc.

f. The South/Joshua sand stockpile has a septic tank that must be maintained. See the various sections of this special specification for the acceptable maintenance requirements of each component.

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g. Mainlane and ramp gantry areas shall be maintained in accordance with the performance requirements for the roadway including litter pickup and sweeping.

h. Maintenance of buildings and facilities shall include both interior and exterior pest control and painting, landscape maintenance, and the cleaning of all floors to manufacturer recommendations.

i. All NTTA facilities and equipment are operated twenty-four (24) hours a day, seven (7) days a week. Malfunctions or breakdowns of any building system contained within the facility shall be considered an Emergency. Upon notification, the Contractor shall respond immediately to the location and investigate or resolve/repair the reported issue. Upon discovery the Contractor will utilize due diligence in repairing and reporting the problem. In either situation, any problems reported or discovered shall be considered an Emergency until an investigation reveals otherwise.

j. Power outages at gantries, facilities, buildings, etc. shall be considered an emergency. Within thirty (30) minutes of discovery or notification, the Contractor will be required to deliver to the affected locations all necessary equipment, generators, fuel, etc. until the permanent power is restored as approved by the NTTA PM.

k. Secure the areas where broken, damaged or malfunctioning assets could potentially cause harm to people. These measures should be maintained and remain in place until the asset has been repaired or replaced and the potential for harm has been eliminated.

l. Routine and preventative maintenance shall be performed on all buildings and facilities to be kept clean and neat in appearance. It shall be the Contractor’s daily responsibility to perform any needed repairs that may be observed during the performance of this Contract. The Contractor will be responsible for all day-to-day routine maintenance work involving, but not limited to, such items as:

(1) Load Bearing Masonry and Veneer Walls

(2) Railings and Stairs

(3) Wood Cabinetry, paneling, backerboard and blocking

(4) Waterproofing, and Insulation

(5) Roofing systems including all curbs and penetrations

(6) Exterior Finish Systems such as Plasters, Stuccos, and Coating Systems

(7) Metal Panel Exterior Wall Systems

(8) Interior and Exterior Joint Sealants

(9) Doors, Windows, Glazing, Mirrors and Hardware

(10) Interior and exterior coiling and sectional overhead doors and operators

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(11) Interior building finishes including gypsum board, paints, wall coverings, tile, suspended ceilings, resilient flooring and base, and carpet

(12) Interior and exterior signage

(13) Toilet and Shower Compartments, Partitions, Fittings and Accessories

(14) Flagpoles, and flags (including the raising and lowering or half-mast presentations as required by State officials)

(15) Fire protection systems, backflow valves, extinguishers and alarm systems

(16) Lockers, Shelving and Storage units

(17) Kitchen and Laundry Equipment

(18) Projection Screens and Projectors, or equipment capable of displaying electronic information or images

(19) Window Treatments (including window tinting), Louver Blinds and Shades

(20) Walk-off Mats, Floor Mats and Grilles

(21) Elevator and chairlift systems including annual inspection reporting and certification

(22) Electrical systems

(23) Plumbing systems

(24) Utilities (sewer, gas, electric, and water)

(25) Lavatory fixtures

(26) Toilets

(27) HVAC systems

(28) Loading dock equipment

(29) Sump pumps installed at any location

(30) Water heaters

(31) Emergency generators will be maintained per manufactures recommendations.

(32) Boilers and chemical water treatment (including any boiler maintenance and/or repair on installed systems along with any requirements for inspection and certification)

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(33) Air compressors

(34) Exhaust fans

(35) Energy Management Systems - Only maintain the hardware, controls and electro- mechanical devices that directly affect the HVAC equipment. The main BAS / EMS system, computers, panels and wiring will be maintained by NTTA.

(36) Interior and exterior lighting systems

(37) All lighting associated with equipment and systems. This includes indicator or panel lighting and remote monitoring controls or control systems.

(38) Lightning protection systems

(39) Pest control

m. Listed below are the minimum daily cleaning and maintenance performance standards:

(1) Check for leaks around plumbing fixtures and piping; repair as necessary

(2) Check for satisfactory heating and/or cooling in each and every room; make adjustments as required

(3) Check thermostats and sensors for visible damage; Repair or replace as required

(4) Non-carpeted floors shall be maintained in a safe condition, slip resistant and clean by damp mopping.

(5) All walls shall be spot cleaned

(6) All doors shall be dusted and spot cleaned including hinges, frames, etc.

(7) Empty trash receptacles including outside trash containers. Trash shall be removed from buildings and facilities daily.

(8) Empty recycle receptacles and recycle material in accordance with NTTA procedures.

(9) Vacuum all carpet. Removal of stains and spots shall be considered regular/routine maintenance.

(10) Dust furniture and window sills and blinds.

(11) Clean and disinfect every restroom and break room. Restrooms may require additional cleanings during the day depending on use.

(a) Clean restroom wall base as needed.

(12) Fill as required all soap, paper towel and toilet paper dispensers.

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(13) Repair/replace lamps and fixtures as needed.

(14) Verify all light switches, receptacles, and associated device covers are whole and in good working order; replace as required.

The janitorial service shall include all necessary equipment and supplies to provide normal and usual services and any materials not specifically mentioned which are necessary to provide a complete and acceptable service.

n. Listed below are the minimum weekly cleaning and maintenance performance standards:

(1) Clean inside windows and glazing (as high as practical without height assistance)

(2) Wipe down all wall base and lockers.

(3) Replace all trash can and waste basket liners (more frequently if required).

(4) Clean window blinds.

(5) All bathroom wall and stall surfaces, doors, hinges, etc. shall be cleaned and polished.

(6) Verify all interior and exterior lighting and all exit lights are in working order; repair as necessary.

(7) Add water to flush all floor drains and trap primers.

(8) Check for leaks around air-conditioning units, pumps, boilers, and any other HVAC equipment; repair as necessary.

o. Listed below are the minimum monthly cleaning and maintenance performance standards:

(1) Clean the inside/outside of all windows and glazing

(2) Strip and wax VCT (vinyl composite tile)

(3) Test generator and transfer switch; repair any apparent problems immediately

(4) Test all emergency lighting fixtures; relamp/repair as necessary

(5) Check all plumbing fixtures for leaks; repair as needed

(6) Check function of all faucets, hose bibs, toilets and flush valves; repair as needed

(7) Inspect water heaters for leaks and proper discharge temperature; repair as required

(8) Change all HVAC filters

(9) Check operation of toilet exhaust fans; repair/replace as necessary

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p. Listed below are the minimum semi-annual cleaning and maintenance performance standards:

(1) Shampoo carpets

(2) Load bank testing of all generators on a semi-annual basis. The load bank test shall be per the manufacturer’s recommendations. Any generator failing to meet the manufacturer’s requirements will be repaired and retested within seven (7) days. Report any failures and submit test results to the NTTA PM within one (1) day after the final test.

(3) Inspect lightning protection systems and repair any defects

(4) Perform fire alarm test; repair any defects

(5) Check operation of all fire protection system tamper switches; repair as necessary

(6) Perform manufacturer’s suggested HVAC maintenance inspections including operational pressure test of refrigeration equipment

(7) Check operation of all exhaust fans

q. Listed below are the minimum annual cleaning and maintenance performance standards:

(1) Inspect interior and exterior walls and partitions for cracking; mortar or touch up drywall and paint as required

(2) Provide paint touch-up at all painted surfaces for which routine cleaning does not remove marks and stains. If color cannot be matched, paint entire surface to the nearest unobvious location to blend.

(3) Thermographic scan on all panels and switchboards. Submit photos and results to the NTTA PM within one (1) day after the completion of the scan.

(4) Check operation of fire pumps; repair/replace immediately if faulty.

(5) Check operation of fire protection system water motor alarm; repair/replace as needed.

(6) Perform flow test to insure proper operation of all alarms; repair/replace as needed.

(7) Check all gas-burning equipment at the beginning of heating season using manufacturer’s suggested checklist; repair/replace as needed.

r. Contractor is responsible for the following annual inspections and certifications:

(1) Fire Protection Systems – including alarms, sprinklers, and sprinkler backflow valves

(2) Potable/Domestic Water – backflow devices

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s. Pest control services are to control insects and rodents by complete coverage of all possible areas of infestation including a ten foot (10’) outside area on the perimeter of each facility. Services shall include treatment with mechanical devices (traps), chemicals approved for the use and/or other approved means for controlling, eradicating, and preventing and/or reducing future infestations of rats, mice, and other animal pests; spiders, scorpions and other arachnids: roaches, ants, fire ants, silverfish, gnats, and all other insects.

(1) Service shall be in such a manner that there will be no interruption in, or interference with the proper execution of NTTA business.

(2) Safety Data Sheet (SDS) shall be provided to the NTTA PM prior to any chemical being introduced to a NTTA facility.

(3) The Contractor will comply with the Texas Structural Pest Control Board Law and provide a photocopy of the Contractor’s Texas Pest Control License prior to start of service. One copy will also be supplied to the NTTA Facilities Manager.

(4) Pest control services shall be as required to control infestations and no less than quarterly.

(5) Pest control services shall provide for the trapping and removal/relocation of any pests considered a nuisance and unable to be removed by the Contractor.

t. Maintenance tasks excluded from the contract related to all NTTA buildings/facilities are:

(1) Security systems (including cameras, card readers, panic buttons, door opening devices, and the security portion of electronic parking gates)

(2) Toll collection systems

(3) Data and voice communication system and all networks

(4) NTTA Radio Tower and associated equipment.

7. Emergency Management

a. Within sixty (60) days after NTP, the Contractor will prepare and furnish to the Authority for its review and approval an Emergency Response Plan. Such Emergency Response Plan will provide for procedures for the Contractor’s response to and coordination with the NTTA PM, the Department of Public Safety, and other emergency personnel with respect to emergency incidents and occurrences, including, but not limited to vehicle accidents, hazardous materials spills or releases, sink holes, and adverse and or catastrophic weather conditions that pose an imminent risk to the traveling public. The Emergency Response Plan shall include, but is not limited to, the following:

(1) Detailed organizational structure with the functions, qualifications, experience level and contact information of staff assigned to respond to incident/events.

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(2) Coordination

(a) Immediately notify the NTTA Command Center and the NTTA PM about accidents or incidents that require any lane closures

(b) Coordination with the NTTA PM and other agencies to establish or implement detour routes

(d) Public notifications

(3) Procedures for incident/event management

(a) Assessment performed by Engineer(s)

(b) Securing the site and/or provide assistance as required

(d) Compliance with applicable local, state, and federal regulations for the containment, handling and disposing of hazardous material

(e) Measures to protect or isolate damaged infrastructure and to restore the roadway or structure to a safe condition

(f) Traffic control and detour routes

(g) Measures to mitigate impacts to mobility

(h) Performing of emergency repairs and permanent repairs

(i) Debris removal

(4) Submission of incident/event reports

b. As part of the Emergency Response, the Contractor shall have the necessary engineer(s) on-site and ready to perform damage assessment per the time requirements below:

(1) Within thirty (30) minutes of notification when the incident occurs between the hours of 6:00AM – 6:00PM (Monday – Friday).

(2) Within sixty (60) minutes of notification when the incident occurs between the hours of 6:00PM – 6:00AM (Monday – Friday) and any time on weekends.

(3) The Engineer(s) will be responsible for assessing damage, determining and providing plans for temporary repairs (as approved by the NTTA PM), determining

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what lanes can be safely opened to traffic, and providing any engineering support necessary to restore mobility as quickly as possible.

c. The appropriate amount of personnel, materials, and equipment shall be on-site and ready to perform traffic control, debris cleanup, hazard mitigation, and other work as necessary to restore mobility per the time requirements below:

(1) Within one (1) hour of the notification when the incident occurs between the hours of 6:00AM – 6:00PM (Monday - Friday).

(2) Within two (2) hours of the notification when the emergency occurs between the hours of 6:00PM – 6:00AM (Monday - Friday) and any time on weekends.

d. Immediately begin removal and clean-up of any debris from roadway and complete within two (2) hours unless otherwise approved by the NTTA PM. Dispose of debris off of the ROW within forty-eight (48) hours.

e. Manage all aspects of traffic control related to the incident/event in accordance with the requirements of the Emergency Response Plan. Coordinate with local agencies when incidents impact the Parkway or spill over onto roadways and/or structures not covered by this contract. When detours are required due to an incident/event occurring on a roadway and/or structure covered by this contract, manage and maintain the entire detour route, even if the route extends onto roadways and/or structures not covered by this contract.

f. The NTTA PM will continually monitor the Emergency Response Plan and has the authority to request/require improvement changes that are in the best interest of NTTA. Within two (2) days after completion of an Emergency Response event, the NTTA PM and the Contractor will meet to discuss potential improvements to the response procedures.

g. Update the Emergency Response Plan in September of each year by engaging in an interactive process of discussion between the NTTA PM, Contractor and other agencies (as necessary) whereby lessons learned from past experience can be implemented for future use.

8. Complaints/Service Requests. NTTA will process, administer and manage all maintenance- related complaints and service requests. The Contractor’s role will be to complete the work associated with the complaint or service request at the direction of NTTA and in accordance with the standards and time limits set forth in this specification. If the Contractor receives any complaints or service requests directly, he/she will enter the request into the CMMS and will report to the NTTA PM daily, in a format approved by the NTTA PM, information on any complaints or service requests received from the public or NTTA. This information will include, at a minimum, the following:

a. Date and time of the complaint or request;

b. Location of the concern;

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c. Nature of the complaint or request;

d. Who made the complaint or service request, name, address, and contact info;

e. Date, time and action required/taken to address the complaint;

f. Follow-up contact results with complainant.

Notify the NTTA Command Center (214-224-2200/2201) of any abandoned vehicles, trailers, etc. within the ROW.

9. Accidents/Incidents and Third Party Claims. The Contractor will repair any damage due to incidents or accidents. Report no later than the 15th of each month, in a format approved by NTTA, information from the previous month on any accident or incident related to work being performed by the Contractor.

The Contactor will immediately notify the NTTA Command Center, and within one (1) hour the NTTA PM, of any traffic accidents involving or otherwise observed by the Contractor’s personnel.

a. Accident/Incident Notifications. The Contractor shall immediately notify the NTTA PM and provide the following:

(1) Accidents/incidents causing fatalities, serious or numerous injuries, significant property damage resulting from fire, explosion or the release of hazardous materials which necessitates the evacuation of the immediate area and/or the closing of roads, streets, or Parkway;

(2) Accidents/incidents involving a school bus;

(3) Accidents/incidents that may require all or a portion of the Parkway to be closed for more than twenty-four (24) hours, except for closures (for maintenance, construction, etc.) where the public has been notified in advance via newspaper, radio or television announcements;

(4) Accidents/incidents that causes major damage to Parkway facilities;

(5) Accidents involving Contractor or sub-Contractor personnel, equipment, barricades or tools;

(6) Traffic accidents within the limits or in the vicinity of any work being performed by the Contractor or its sub-Contractors;

(7) Any accident involving the Contractor or the traveling public that causes damage to an appurtenance or fixture within the ROW;

(8) Hazardous material spills; in addition, provide documentation to NTTA that the city or county environmental office and the Texas Commission on Environmental Quality (TCEQ) have been notified;

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(9) Bridge failures or closures;

(10) Chain reaction accident involving more than ten (10) vehicles, regardless of the number of fatalities, injuries or length of time the Parkway is closed;

(11) Hazardous weather conditions;

(12) Other incidents or occasions as mandated by NTTA.

b. Third Party Damage Claims. The Contractor shall provide, in a format acceptable to the NTTA PM and within two (2) business days after the request, a 3rd Party Damage Claims Report. The 3rd Party Damage Claims Report will itemize claims for damage to NTTA property caused by third parties and will include at a minimum the following information:

(1) Total number of incidents (including any report of damage from any source such as a NTTA Command Center Incident Report, Accident Report, Customer Contact Notification, etc.)

(2) Date of damage/accident

(3) Type of damage

(4) Location of damage

(5) Date repairs completed

(6) Total cost for repairs

The Contractor may pursue claims against third parties to recover the Contractor’s expenses and costs incurred by Contractor to repair or replace Parkway assets damaged or destroyed by such third parties. The Contractor shall pursue such claims in accordance with all applicable state and federal laws and NTTA policy. In all fatal incident claims, the Contractor must first advise the NTTA PM of the claim and receive direction from NTTYA prior to pursuing such claim. NTTA may prohibit the Contractor from pursuing damage claims against third parties in incidents which involve a fatality. If NTTA prohibits the pursuit of a fatal incident damage claim, the Contractor will instead file the claim with NTTA and NTTA will reimburse the Contractor to the extent equivalent to the third party claim. Otherwise, the Contractor may not seek to recover any such expenses or other damages from NTTA, regardless of whether or not the Contractor is successful in recovering claims against third parties.

c. Catastrophic Damage. At the express written request of NTTA, but not otherwise, the Contractor shall prepare the documentation in the required format to apply for any catastrophic loss that occurs on the Parkway as well as Emergency Relief Funds (ER) from the Federal Highway Administration (FHWA) or other governmental agencies in the event of a Presidential Disaster Declaration. Should NTTA receive funds as a result of these claims or ER projects, NTTA shall reimburse the Contractor to the extent of Contractor’s actual and non-reimbursed expenses and costs to repair the Parkway to the

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extent the ER Funds (1) pertain to such expenses and costs, and (2) are adequate to cover those damages. The funds payable to Contractor under this Subsection and acquired by NTTA shall be added to the Contractor’s monthly payment no later than on (1) month following the month the funds are received.

10. Stolen Items. Contractor shall replace any items stolen from the Parkway, bridge, or roadside. ITS equipment and their related materials as well as public art column items are excluded from this requirement. Contractor will have one (1) week to replace stolen items in-kind. Contractor will not receive any additional compensation for this work.

11. Reporting. The Contractor shall furnish, at the end of each month, a report that explains and quantifies what manpower (by people and man-hours), materials (quantities and types used) and equipment (quantities and types used) that were necessary during the month to maintain the Parkway Project. The Contractor will furnish the NTTA PM with documentation indicating compliance with NTTA specifications unless otherwise approved by NTTA. The NTTA will provide web-based computer access to NTTA’s Computerized Maintenance Management System (CMMS) for this reporting which will include:

a. Work Accomplished – The Contractor will completely and fully report to the NTTA PM all work accomplished and all direct and sub-Contractor material, equipment and labor costs in a format acceptable to the NTTA PM. This information will be input monthly into NTTA’s CMMS, or as otherwise approved by the NTTA PM. The report will use NTTA's "Activity Codes" to categorize the work accomplished. In addition to any other information required by NTTA, the report will show the following:

(1) Date(s) of the work;

(2) CMMS Asset ID;

(3) Beginning and ending reference marker;

(4) County in which the work was performed;

(5) Activity code;

(6) Quantity of work and unit cost using the units of measurement by Activity Code.

b. Turf and Landscape Reporting – The Contractor will input all monthly activities related to turf, prairie grass, landscape areas, trees, shrubs, ornamental grasses, vines and irrigation maintenance into NTTA’s CMMS.

(1) Activities to input include:

(a) Fertilization application – formulation and application rate.

(b) Herbicide application – type and application rate.

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(d) Manufacture name.

(e) Number of mow cycles.

(f) Turf repairs.

(g) Planting bed maintenance - mulch replacement, erosion repair, shrub/ornamental grass trimming, etc.

(h) Plant replacements and types.

(i) Disease or insect mitigation activities.

(j) Irrigation repairs.

c. Condition Assessment – The Contractor will perform monthly condition assessments of all elements of the Parkway and submit the results and scores, in a format acceptable to the NTTA PM by the 15th of the month following the assessment. In addition, the Contractor will schedule and perform inspections (including night inspections) in accordance with “Scope of Work” and performance standards. The Contractor will report findings and proposed repair schedules to the NTTA PM within one (1) month of inspection. All results and scores will contain such information as is required by NTTA and will be in an electronic format acceptable to the NTTA PM.

12. Environmental.

a. Environmental/Preserve Areas

(1) Take particular care to avoid disturbance of these areas within the ROW.

(2) Minimize the use of potential contaminants (fertilizers, pesticides, herbicides): avoid the introduction of non-native species, primarily fire ants, within the ROW.

(3) Limit seeding or sod to native vegetation. Other species may be used upon approval.

b. Wetlands and other Waters of the U.S.

(1) Waters of the U.S. including wetlands exist within NTTA’s ROW and are designated in the plans. All required maintenance at these sites will be performed so that the native characteristics of the vegetative community are retained.

(2) Limit active maintenance practices such as herbicides and pesticide application within one hundred feet (100’) of wetland boundaries.

(3) Limit any necessary seeding or sodding of grasses or planting of woody vegetation in wetland areas. Limit all vegetation to native species. Other species may be used upon approval.

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(4) Fill materials of any kind (including mulch, compost, soil, etc.) may not be stockpiled, stored or placed within wetland or other waters of the U.S.

(5) Machinery should not be operated within wetlands or other waters of the U.S. without approval. No machinery may operate within wetland areas in a manner that causes rutting or gouging.

c. Municipal Separate Storm Water (MS4) Permit

NTTA has been issued a MS4 permit, TPDES Permit No. WQ0004400000 by the Texas Commission on Environmental Quality (TCEQ), and has implemented a Storm Water Management Program (SWMP). NTTA is currently coordinating with TCEQ regarding the inclusion of Chisholm Trail Parkway into NTTA’s MS4 Permit. Upon completion of the revised MS4 Permit, a copy will be provided to the Contractor. The Contractor is required to comply with all provisions of the MS4 Permit, SWMP, and amendments thereto. The Contractor shall acknowledge that it has read and understood NTTA’s MS4 Permit, SWMP, and any and all amendments thereto and shall be responsible for complying with the provisions of any future issuance or revisions/amendments. The Contractor shall obtain any necessary permits required by law.

13. Exclusions. The following items or tasks are excluded from the Contract:

a. Intelligent Transportation System (ITS) devices (including but not limited to: cameras, dynamic message signs, Automatic Vehicle Identification readers/antennae, amplifier cabinets, detectors including acoustic, Vehicle Imaging/Vehicle Detection, and microwaves).

b. Executing agreements, such as utility permits, driveway permits, multiple use agreements, construction and maintenance agreements, and other similar type agreements

c. Items related to Electronic Tolling Equipment.

d. Fiber optic communication lines.

e. Roadside assistance (Roadway Customer Service) for the traveling public.

f. Any maintenance warranty items of work performed by other Contractors.

g. All areas maintained by “Others” as outlined in the Plans.

The Contractor acknowledges and agrees that the foregoing list is intended to be exclusive and comprehensive and that unless a maintenance item is listed above, such item will be the Contractor’s responsibility.

14. Maintenance Rating Program.

The Contractor shall use the Maintenance Rating Program (MRP) utilized by NTTA. This MRP details the rating procedures for each category and activity covering all routine maintenance functions. Subject to modifications required from time to time by NTTA, the

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MRP conforms to NCHRP Report 422. The MRP is based on accepted rating procedures for roadway and sub-components. The MRP focuses on each type of infrastructure described in this request for bids. This includes, but is not limited to, pavement, litter and debris removal, sweeping, traffic control, roadside traffic safety appurtenance maintenance and repair, median barrier, screen walls, noise barrier walls, traffic operations, main lane and ramp gantries, landscape and turf, structures, illumination, aesthetics, signing, and sign structures. The minimum acceptable overall rating for all maintenance activities will be 90 on a 100- point scale. The Contractor shall perform a monthly MRP on sample sections provided by the NTTA PM. All roadway sections and their associated subcomponents within the project limits must be inspected every twelve (12) months on a statistically sound basis. The Contractor shall submit the MRP along with the monthly invoice for any roadway sections rated during the corresponding period. The MRP of the NTTA is incorporated into, and made a part of, this contract. The current MRP weights and evaluation criteria are identified in Table 2 “MRP Weights Table” included with this specification.

The fact that the Contractor is able to achieve an MRP of 90 shall not relieve the Contractor from his responsibility to constantly monitor and maintain the roadway, bridges and all of its elements. For example, with regard to vegetation/aesthetics, NTTA expects the Contractor to keep the roadway ROW virtually litter free on a daily basis and to ensure that all turf areas have a pleasing and presentable appearance at all times. NTTA further expects the Contractor to be sensitive to the needs and perceptions of NTTA’s customers who feel that paying a toll to use a roadway entitles them to a ride that is not only pleasing to the eye but also smooth, safe and comfortable as well.

If the MRP rating for any period is disputed, the NTTA PM may perform a separate MRP inspection. If there is a difference between the Contractor’s MRP rating and NTTA’s MRP rating, the Contractor’s MRP rating will be adjusted to NTTA’s MRP score. NTTA’s MRP rating for the period shall be the adjusted number.

6. Measurement. This Item will be measured by the month as the work progresses.

7. Payment. 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 “Total Routine Maintenance for the Chisholm Trail Parkway”. Price shall be full compensation for Work and for furnishing all labor, equipment, materials, fuel, tools, and incidentals necessary to complete the Work.

The Contractor’s monthly payment for “Total Maintenance and Operation of Chisholm Trail Parkway” may be reduced for non-performance/non-compliance as indicated in Table 1 – “Total Routine Maintenance Performance Criteria” included with this specification.

If construction or reconstruction project(s) add mainlane capacity or totally reconstruct potions of the pavement within the Parkway limits covered by this Contract, the Contractor will be relieved of maintenance duties along those portions of Parkway for the duration of the construction project. Monthly TRM payments may be reduced by an amount equal to the normal monthly payment multiplied times the ratio of the revised total lane miles to be maintained to the total lane miles in the Contract.

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A. Performance Based Payment. The Contractor will conduct and report to the NTTA PM MRP Ratings monthly (“Monthly MRP Ratings”) and quarterly (“Quarterly MRP Ratings”) during the term of the Contract.

1. If the overall “Quarterly MRP Rating” is ninety-five percent or greater ( > 95%) of the highest possible overall “Quarterly MRP Rating” for the period in question, NTTA will pay the Contractor the full monthly bid price amount for the next monthly payment.

2. If the “Quarterly MRP Rating” is less than ninety-five percent (< 95%) but greater than or equal to eighty percent ( > 80%) of the highest possible overall “Quarterly MRP Rating” for the period in question, NTTA will determine the actual payments owed to the Contractor for such three-month period in accordance with Table 3 below and offset the difference in NTTA’s next monthly payment to the Contractor, which will reflect the Contractor’s actual performance over the immediately preceding three-month period.

3. Should the “Quarterly MRP Rating” be less than eighty percent (< 80%) of the highest possible overall “Quarterly MRP Rating” for the period in question, NTTA will consider this default/breach of contract and may terminate this contract. NTTA has the right to recover offset amounts.

Table 3 – Performance Based Payment

Quarterly NTTA Payment MRP 95.0 - 100.0 100.0% 90.0 - 94.9 99.0% 85.0 - 89.9 95.0% 80.0 - 84.9 85.0%

4. Contractor Non-Compliance/Non-Performance/Liquidated Damages. If the Performance Standard is not met, Liquidated Damages in accordance with Table 1 will be assessed until the standard is met. The costs associated with these measures shall be deducted from any monies due. Regarding the various liquidated damages called for in Table 1, the Contractor unconditionally and irrevocably acknowledges and agrees that its failure to comply with the standards of performance specified within this specification and elsewhere in this Contract will cause losses to NTTA, including, but not limited to, lost revenues, increased administrative costs, damage to NTTA’s reputation, and other tangible and intangible losses. The Contractor unconditionally and irrevocably acknowledges and agrees that the actual amount of said losses and expenses is extremely difficult to determine and that the various liquidated damages amounts set forth above constitute a fair and reasonable estimate by the parties of the amount of said losses and expenses and in no event will constitute or be construed as a penalty. The Contractor further acknowledges and agrees that such liquidated damages will not limit, impair, or supersede NTTA’s right to terminate the Contract and/or exercise any other remedies and be entitled to

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any other damages available under this Contract or law or equity in the event of a default by Contractor under this Contract.

If Table 1 does not apply and the Contractor is not meeting the performance standards, or otherwise is not performing according to the requirements of this contract, NTTA will give the Contractor written notice of non-performance. The Contractor will have seven (7) days (or such longer period as NTTA in its sole discretion may permit) to cure the non- performance. If the Contractor fails to cure the non-performance to the NTTA PM’s reasonable satisfaction within the cure period, NTTA may (but will not be obligated to) cure such non-performance. This may include the use of emergency contracts. For items not covered in Table 1, NTTA will reserve the right to recover actual damages. If the Contractor is notified that NTTA is taking corrective action, to avoid conflicts with NTTA’s measures, the Contractor will refrain from taking corrective steps of its own unless expressly permitted to do so in writing by NTTA. The costs incurred by NTTA to take corrective action (cover costs) will be offset and deducted from any monies due the Contractor by NTTA. In addition, if the Contractor fails to cure fully the non-performance within the cure period provided, liquidated damages in the amount up to five thousand dollars ($5,000) per day starting with the date the aforementioned notification is deemed to have been given, and continuing until the non-performance is cured by the Contractor or NTTA’s Contractor. These liquidated damages and any costs incurred by NTTA to take corrective actions will be assessed and deducted from the amount due to the Contractor.

Non-Approved Lane Closure. Liquidated damages will be assessed in accordance with Table 1 for closures or restrictions that extend into restricted hours on a per lane basis, regardless of the length of the lane closure or restriction. This liquid damages fee will be prorated based on the actual time that lane(s) are closed into restricted hours. This liquidated damages fee shall also apply to any unscheduled, non-emergency lane closures

8. Term and Termination. This Contract will be for a term of six (6) years unless terminated earlier by mutual agreement of the parties or pursuant to the terms of this Contract. In addition to rights and options to terminate this Contract in the event of a default by the Contractor hereunder, NTTA will have the right to immediately terminate this contract at its sole option at any time, and with or without cause, by giving written notice of termination to the Contractor and to make settlement with the Contractor for work performed under this Contract to the date of termination (the “Optional Termination Date”) on an equitable basis as determined by NTTA. In determining the value of the work performed by the Contractor prior to the Optional Termination Date, no consideration will be given to anticipated profit, which the Contractor would or might have made during the uncompleted term of this Contract.

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NOTES:

The Contractor is expected to accomplish all repairs necessary to complete the specified work within the specified amount of time. For failure to respond and complete repairs within the specified time, the specific sum of money shall be deducted from the monies due the contractor, not as a penalty but as non-performance liquidated damages.

Should the Contractor discover any condition that requires maintenance or should he be notified of any work requiring attention, it shall be the contractor's responsibility to respond according to the time intervals listed below. A list of specific Activity Deficiency Identifications, time response intervals, and liquidated damages are as follows:

CONTRACT DELIVERABLES Required Submittals Timeliness Intervals Liquidated Damages Submit and approved contact list within thirty (30) days of $100/day receiving Notice-to-Proceed (NTP). Coordination and Contact List Provide approved and updated list within one (1) week of $100/day change/revision. Submitted and approved within thirty (30) days of Safety Plan $500/day receiving NTP. Original Plan: Submitted and approved within sixty (60) $250/day days of receiving NTP. One Month Look-Ahead: Submitted and approved by the Roadway Maintenance Operations Work Plan $250/day 15th of the following month. Quarterly Updates. $250/day Annual / 12-Month Updates. $250/day Traffic control not installed per approved plan corrected $1,000/hour/ within fifteen (15) minutes of discovery or notification. occurrence Remove lane closure equipment, signing, etc. that is Traffic Control and Lane Closures installed outside of the approved allowable lane closure $1,000/hour/ timeframe within fifteen (15) minutes of discovery or occurrence notification. Remove non-approved lane closures within fifteen (15) $1,000/hour/ minutes of discovery or notification. occurrence Traffic control not installed for repairing IT equipment $2,000/hour/ failures within two (2) hours of notification. occurrence Weathering Steel Metal Beam Guard Fence Submitted and approved within one-hundred and eighty $200/day Inspection and Replacement Program Plan (180) days of receiving NTP. Submitted and approved within sixty (60) days of receiving Emergency Management Plan $500/day NTP.

2004 Specifications SS-9901.1 48 of 74 Page 167 of 217 EMERGENCY RESPONSE Activity Deficiency Identification Timeliness Intervals Liquidated Damages Emergency Response: Contractor shall have necessary personnel/engineers on-site and ready to perform damage $1,500/hour/ assessment within thirty (30) minutes if the incident occurs occurrence between 6AM - 6PM (M - F). Emergency Response: Contractor shall have necessary personnel/engineers on-site and ready to perform damage $1,000/hour/ assessment within sixty (60) minutes when the incident occurrence occurs between 6PM - 6AM (M - F) and anytime on weekends. Emergency Response: Contractor shall have necessary personnel/materials/equipment/etc. on-site and ready to Emergency Response perform traffic control, debris cleanup, hazard mitigation, $2,000/hour/ and other work necessary to restore mobility within one (1) occurrence hour of notification when the incident occurs between 6AM - 6PM (M - F). Emergency Response: Contractor shall have necessary personnel/materials/equipment/etc. on-site and ready to perform traffic control, debris cleanup, hazard mitigation, $1,500/hour/ and other work necessary to restore mobility within two (2) occurrence hours of notification when the incident occurs between 6PM - 6AM (M - F) and anytime on weekends. Debris cleanup & removal: Begin immediately upon $1,000/hour/ discovery or notification and must be completed within two occurrence Emergency Response: Debris Removal & (2) hours. Cleanup Debris cleanup & removal: Dispose of debris off of the ROW within forty-eight (48) hours after the cleanup has $750/hour/ occurrence been completed.

1. PAVEMENT MAINTENANCE

PAVEMENTS Activity Deficiency Identification Timeliness Intervals Liquidated Damages ASPHALT Cracks or Construction Joints - Unsealed longitudinal or transverse crack or joint greater Within fourteen (14) days of discovery or notification. $100/day than one-quarter inch (> 1/4"). Temporary repairs within four (4) hours of discovery or $1,500/day Potholes - Failure to mitigate potholes greater notification. than one square foot ( > 1 SF) in area. Permanent repairs within fourteen (14) days of initial $750/day discovery or notification. Temporary repairs within four (4) hours of discovery or $1,500/day Base Failures - Failure to mitigate base failures notification. greater than one square foot ( > 1 SF) in area. Permanent repairs within fourteen (14) days of initial $750/day discovery or notification. Bleeding - Bleeding for which asphalt sticks to Correct bleeding within fourteen (14) days of discovery or $100/day shoes or tires. notification. Ruts - Rut greater than one-half inch ( > 1/2") Permanent repairs within fourteen (14) days of initial $400/day deep. discovery or notification.

2004 Specifications SS-9901.1 49 of 74 Page 168 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages Edge drop-off: Travel lane to paved shoulder Temporary repairs within four (4) hours of discovery or $1,500/day edge or paved shoulder edge to ground greater notification. than two inches Permanent repairs within fourteen (14) days of initial $750/day (> 2") deep. discovery or notification. Edge build-up - Edge build-up (travel lane to Temporary repairs within four (4) hours of discovery or $400/day paved shoulder edge or paved shoulder edge to notification. ground) that causes ponding on the shoulder or Permanent repairs within fourteen (14) days of initial $300/day roadway. discovery or notification. Depressions & bumps - Depressions or bumps Permanent repair within thirty (30) days of discovery or $200/day greater than one inch ( > 1") in ten feet (10'). notification.

Address surface issues (i.e. aggregate/material loss, gouges, delamination, etc.) greater than Permanent repair within thirty (30) days of discovery or $400/day one square foot ( > 1 SF) per occurrence the notification. High Friction Surface Treatment shoulders. CONCRETE Cracks - Unsealed cracks greater than one- Seal crack within fourteen (14) days of discovery or $100/day quarter inch ( > 1/4") wide. notification. Joints - Remove and replace all worn, missing, damaged or debonded joint material. This Seal joints within fourteen (14) days of discovery or $100/day includes all longitudinal, transverse and notification. construction joints. Temporary repairs within four (4) hours of discovery or Spalls, potholes and punch-outs: Spalls, $1,500/day notification. potholes or punch-outs greater than one square Permanent repairs within fourteen (14) days of initial foot ( > 1 SF) in area. $750/day discovery or notification. Joint faulting - Faulting greater than one-quarter Permanent repairs within thirty (30) days of initial $400/day inch ( > 1/4") across joint. discovery or notification. Temporary repairs within four (4) hours of discovery or Edge drop-off - Travel lane to paved shoulder or $1,500/day notification. paved shoulder to ground greater than two Permanent repairs within fourteen (14) days of initial inches (> 2") deep. $750/day discovery or notification. Temporary repairs within four (4) hours of discovery or Edge build-up - Edge build-up (travel lane to $400/day notification. paved shoulder or paved shoulder to ground) Permanent repairs within fourteen (14) days of initial that causes ponding on the shoulder or roadway. $300/day discovery or notification. Depressions & bumps - Depressions or bumps Repairs within thirty (30) days of discovery or notification. $200/day greater than one inch ( > 1") in ten feet (10').

2. ROADSIDE MAINTENANCE

SWEEPING / LITTER & DEBRIS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Buildups - Buildups greater than twenty-four inches ( > 24") wide and one-quarter inch (1/4") Sweep within seven (7) days of discovery or notification. $1,000/day deep. Sweep within seven (7) days after a snow and ice event has Failure to sweep snow and ice control materials. $7,500/day ended as determined by NTTA.

2004 Specifications SS-9901.1 50 of 74 Page 169 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to remove swept material or debris Remove daily. $750/day/occurrence Failure to repair damages to pavement or turf Repair within forty-eight (48) hours upon discovery or $2,000/day/ caused by sweeping operations. notification. occurrence Litter - No more than eight (8) fist-sized pieces Litter removal within two (2) days of discovery or of litter per 0.1 centerline mile along the $500/day notification. roadside within the ROW. Immediately pick up, remove and dispose of litter or debris Failure to remove spilled litter or debris. $500/day/occurrence spills upon discovery or notification. Failure to remove potentially dangerous debris Remove upon discovery or within thirty (30) minutes of $2,000/occurrence or hazardous material (i.e. tire tread, etc.). notification. Immediately remove upon discovery or within thirty (30) minutes of notification if it can be handled by a single $2,000/occurrence Failure to remove and dispose of dead animals. person. Removal within two (2) hours of discovery or notification $2,000/occurrence for larger animals. Failure to provide litter and debris removal Provide records on the 15th of each month for work $250/day records. performed the previous month.

TURF / LANDSCAPE / IRRIGATION Activity Deficiency Identification Timeliness Intervals Liquidated Damages TURF Failure to maintain turf height between four-and- a- half (4-1/2") and seven inches (7") for Mow within seven (7) days of notification. $500/day/section Sections 1 - 6; this includes detention ponds. Failure to maintain turf between two (2") and four inches (4") adjacent to parking lots and Mow within seven (7) days of notification. $500/day/section buildings. Turf areas with no barren areas greater than Address within seven (7) days of discovery or notification. $300/occurrence four square feet (> 4 SF). Turf or weeds that encroach onto paved Address within seven (7) days of discovery or notification. $300/occurrence shoulders, main lanes, islands, rip rap or curbs. Turf shall be trimmed around all fixed objects such as signs, metal beam guard fences, retaining walls, sidewalks, drainage flumes, Complete trimming on each roadway within 24 hours of $1,000/day curbs, rip rap, drainage flumes, irrigation boxes, mowing. etc. Trimmed areas are to be of identical height as adjoining turf. Turf clippings are on paved shoulders, mainlines, landscape areas, sidewalks, rip rap, Clipping to be removed daily. $500/day/location curbs, etc.; Turf clippings are not allowed to enter any drainage inlets. GENERAL LANDSCAPE Failure to implement appropriate fertilizer $500/landscape Address within ten (10) days of discovery or notification. schedules to ensure healthy growth. area/day Planting beds are to be kept clean of all vegetation not identified for the area (i.e. Cleaned within seven (7) days of discovery or notification. $300/location weeds). Failure to mulch bare soil within planting beds; Hardwood mulch cover is to be maintained to a Address within ten (10) days of discovery or notification. $300/location two inch (2") settled depth.

2004 Specifications SS-9901.1 51 of 74 Page 170 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages Erosion is addressed within ten (10) days of discovery or Erosion in planting beds is not allowed. $300/location notification. Failure to repair damaged or defective concrete Repair within ten (10) days of discovery or notification. $300/location landscape edging. Litter removal within seven (7) days of discovery or All litter shall be removed from landscape beds. $300/day notification. TREES Tree trimmings shall be removed from the landscape beds, adjacent sidewalks, mow curbs, Trimmings to be removed daily. $500/day/tree pavement, turf or shrub areas; No trimmings are allowed to enter drainage inlets. Trees that interfere with vehicles or sight Prune immediately upon discovery or notification. $1,000/day distance, or inhibit the visibility of signs. Vertical clearance over sidewalks or parking Prune immediately upon discovery or notification. $1,000/day spaces are less than ten feet (< 10'). Failure to remove and replace dead trees of the Remove and replace dead trees within ten (10) days of $500/tree/day same size and identical species. discovery or notification. Failure to remove dead tree if it constitutes a Removal within two (2) hours of discovery or notification. $2,000/occurrence hazard. SHRUBS Shrubs that interfere with vehicles, line of sight distances or inhibit visibility of signs or as Prune immediately upon discovery or notification. $1,000/day/bed directed by the NTTA. Failure to remove and replace dead shrubs of Remove and replace dead shrubs within ten (10) days of $500/day/bed the same size and identical species. discovery or notification ORNAMENTAL GRASSES Ornamental grasses that interfere with vehicles, line of sight distances or inhibit visibility of Prune immediately upon discovery or notification. $1,000/day/bed signs or as directed by the NTTA. Ornamental grasses shall be trimmed annually when dormant and prior to the onset of new Trim before new growth begins. $500/day/bed growth in the spring. Ornamental grass clippings shall be removed from the landscape beds, adjacent sidewalks, Clippings to be removed daily. $500/day/bed mow curbs, pavement, turf or shrub areas; No clippings are allowed to enter drainage inlets.

Failure to remove and replace dead ornamental Remove and replace dead ornamental grass within ten (10) $500/day/bed grass of similar size and identical in species. days of discovery or notification. VINES Vines interfere with vehicles, line of sight Trim immediately upon discovery or notification. $1000/day/bed distances or inhibit visibility of signs. Vine clippings shall be removed from the landscape beds, adjacent sidewalks, mow curbs, Clippings to be removed daily. $500/day/bed pavement, turf or shrub areas; No clippings are allowed to enter drainage inlets. Failure to remove and replace dead vines of Within ten (10) days of discovery or notification. $500/day/bed similar size and identical in species.

2004 Specifications SS-9901.1 52 of 74 Page 171 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages IRRIGATION MAINTENANCE Failure to properly schedule irrigation application for each individual plant species to Irrigate immediately upon discovery or notification. $500/day/bed ensure healthy and continual plant growth. Contractor shall be on-site and ready to perform the $1,000/hour/ necessary assessments within two (2) hours of discovery or Water on the road surface resulting from an occurrence notification. irrigation leak or break constitutes an Permanent repairs must be completed within two (2) days emergency repair. of completed assessment or prior to the next irrigation $750/day/occurrence cycle whichever is sooner. Permanent repairs must be completed within two (2) days Irrigation leak or break within the landscape of completed assessment or prior to the next irrigation $750/day/occurrence bed that does not place water on the roadway. cycle whichever is sooner. Install temporary irrigation system which must be Failure to meet irrigation requirements of the $750/day/landscape operational within two (2) days of discovery or notification plant material during system failure and repairs. bed of existing irrigation system failure. Provide annual inspection within fourteen (14) days of All backflow devices inspected and certified $750/day notification from NTTA. annually in accordance with local municipality Provide annual inspection certification documentation and TCEQ requirements. $500/day within fourteen (14) days of completed inspection.

EMBANKMENT & SLOPES Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to address erosion greater than two Repair erosion within seven (7) days of discovery or $300/day/location inches ( > 2") deep. notification. Stabilize slope failures that present a safety hazard to the $1,500/day/location Failure to address slope failures. public within two (2) days of discovery or notification. Permanent repairs within fourteen (14) days. $1,000/day/location Failure to resod turf area twenty-five square feet Resod within fourteen (14) days after completion of erosion $200/day/location ( > 25 SF) or greater. repair. Failure to keep riprap joints and cracks sealed Address joints and cracks within fourteen (14) days of $200/day and vegetation free. discovery or notification. Address joints and cracks within fourteen (14) days of Failure to repair damaged or undermined riprap. $200/day discovery or notification. Failure to submit permanent emergency repair Submit permanent repair options to NTTA within seven (7) $1,500/day/location options to NTTA for approval. days of the failure. Repair damaged berms within fourteen (14) days of Failure to maintain berms (i.e. earthen or rock). $100/day/location discovery or notification.

GRAFFITI & ENCROACHMENTS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Obscene or gang-related - Immediately upon discovery or $1,000/day/location notification. Failure to remove graffiti. Other graffiti - Within three (3) days of discovery or $500/day/location notification. Failure to prevent damage to surface or coating Corrective measures within three (3) days of discovery or or maintaining consistent surface appearance $300/day/occurrence notification. when removing graffiti. Failure to remove illegal signs or other Immediately upon discovery or notification. $300/day/occurrence encroachments.

2004 Specifications SS-9901.1 53 of 74 Page 172 of 217 DRAINAGE Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to maintain inlets, storm water access Immediately secure upon discovery or notification the area drains, storm sewers, junction boxes, and if the deficiency could be a potential hazard for the $500/hour/location culverts in good operating conditions at all traveling public or pedestrians. times free of obstructions. Repair erosion Corrective measures within seven (7) days of discovery or around inlets, access drains, etc. to facilitate $750/day/location notification. drainage. Failure to repair or replace separated, collapsed Corrective measures within seven (7) days of discovery or $750/day/location or crushed culverts or pipes. notification. Corrective measures within three (3) days of discovery or Failure to maintain sumps; Sumps shall not be $1,000/day/location more than fifty percent (50%) full. Inspection notification. documentation to be submitted to NTTA PM Submit semi-annual inspection documentation within seven $200/day upon request. (7) days of request.

Failure to maintain ditches in good operating Corrective measures within three (3) days of discovery or $1,000/day/location conditions free of debris and silt build-up. notification. Failure to maintain traffic drainage slots clear, Corrective measures within seven (7) days of discovery or $750/day/location functioning and free of debris. notification. Failure to address ponding on the travel lanes or Corrective measures within three (3) days of discovery or $500/day/location shoulders. notification. Immediately secure upon discovery or notification the area Failure to repair or replace grates, inlets and if the deficiency could be a potential hazard for the $1000/day/location storm sewer inlet connections that have traveling public or pedestrians. separated, are not secure, or have broken. Corrective measures within three (3) days of discovery or $750/day/location notification. Failure to address erosion or siltation greater Corrective measures within seven (7) days of discovery or than twelve inches (> 12") along ditches, swales $750/day/location notification. or detention ponds. Failure to maintain pavement underdrains and Corrective measures within seven (7) days of discovery or related clean-outs in good operating conditions $500/day notification. at all times. Repair damaged berms within fourteen (14) days of Failure to maintain berms (i.e. earthen or rock). $100/day/location discovery or notification.

CHANNELS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to maintain channel in original condition Corrective measures within thirty (30) days of discovery or and remove obstructions that interfere with $1,000/day/location notification. flow. Failure to repair undermined, unsealed, settled Corrective measures within fourteen (14) days of discovery or damaged riprap; Failure to keep riprap free of $200/day or notification. undesirable vegetation. Failure to repair missing or settled riprap areas Corrective measures within fourteen (14) days of discovery exposing more than five square feet ( > 5 SF) of $400/day or notification. soil. Failure to address foundation riprap failures, Corrective measures within fourteen (14) days of discovery $750/day/location undermining or scouring in channels. or notification. Failure to address erosion or siltation greater Corrective measures within seven (7) days of discovery or $750/day/location than twelve inches (> 12") along channels. notification.

2004 Specifications SS-9901.1 54 of 74 Page 173 of 217 MITIGATION AREAS, STORM WATER TREATMENT UNITS & DETENTION PONDS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Litter removal .within two (2) days of discovery or $500/day notification Failure to maintain mitigation areas. Remove undesirable vegetation within seven (7) days of $300/day/location discovery or notification. Failure to maintain Storm Water Treatment Sediment removal within five (5) days of discovery. $750/day Units (SWTU) as designed and per Quarterly cleanings within seven (7) days of quarterly $750/day manufactures recommendations. timeframe. Litter and debris removal within two (2) days of discovery $500/day/location or notification. Mow detention ponds within five (5) days of discovery or Failure to maintain detention ponds as designed. $900/day notification. Repair erosion greater than two (> 2") within seven (7) $300/day/location days of discovery or notification. Failure to maintain access doors or gates to Within two (2) days of discovery or notification. $750/day/location enclosure areas.

RETAINING AND SOUND / SCREEN WALLS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to maintain drain holes, under drain system, clean-outs and weep holes clean and Within fourteen (14) days of discovery or notification. $500/day/location functioning as designed. Failure to address retaining wall backfill loss. Within fourteen (14) days of discovery or notification. $500/day/location Failure to remove undesirable weeds and/or Within five (5) days of discovery or notification. $300/occurrence vegetation. Failure to repair damaged retaining wall panels Within thirty (30) days of discovery or notification. $500/day/location and/or coping. Failure to repair damaged sound or screen Within thirty (30) days of discovery or notification. $500/day/location walls. Failure to maintain areas, including areas within the delineated screen walls, under bridges free of debris, clothing, bedding and other personnel Within two (2) days of discovery or notification. $300/day/location belongings of individuals using any part of the NTTA ROW as a habitat or refuge. Failure to maintain aesthetic features of the Within fourteen (14) days of discovery or notification. $500/occurrence walls including all coatings.

SIDEWALKS, CURB, GUTTER, MOW CURB AND LANDSCAPE EDGING Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to maintain sidewalk, curb, gutter, mow curb and landscape edging free of defects (i.e. Repair defects within ten (10) days of discovery or $200/day/location unsealed cracks/joints, broken, vertical notification. displacement, misalignment, etc.). Failure to remove undesirable weeds and/or Within five (5) days of discovery or notification. $300/occurrence vegetation. Failure to repair vertical displacement greater than one-and-a-half inch (> 1-1/2") in ten feet Within ten (10) days of discovery or notification. $200/day (10'). Failure to maintain sidewalks neatly edged. Edge within ten (10) days of discovery or notification. $200/day/location

2004 Specifications SS-9901.1 55 of 74 Page 174 of 217 FENCE, GATES, SWING AND ROLL-UP ACCESS DOORS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Immediately repair upon discovery or notification if secured area is compromised or if potential hazards could $750/day/location Failure to address torn, broken or damaged affect the traveling public. fence or gate greater than one square foot Repair or replace within seven (7) days of discovery or (> 1 SF). notification if area is not a secured area or is not a hazard $500/day/location to the traveling public. Immediately repair upon discovery or notification if secured area is compromised or if potential hazards could $750/day/location Failure to address non-functioning gates or affect the traveling public. access doors. Repair or replace within seven (7) days of discovery or notification if area is not a secured area or is not a hazard $500/day/location to the traveling public. Failure to address posts out of alignment greater than six inches ( > 6") or fencing that is not Within fifteen (15) days of discovery or notification. $300/day/location taught. Perform annual inspections within thirty (30) days of the date of initial or last annual inspection. Submit $500/day Failure to inspect decorative fencing and related documentation of findings to NTTA if requested. connections on an annual basis. Address deficiencies identified in the annual inspection $1,000/day within thirty (30) days of the completed inspection. Failure to maintain aesthetic features of the Within fourteen (14) days of discovery or notification. $500/day/occurrence fence, gate or access doors.

3. TRAFFIC OPERATIONS

SIGNS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to install temporary sign after guide sign Within twenty-four (24) hours days of discovery or $1,000/day/sign has been hit or damaged. notification. Remove any portion of the sign and/or sign structure immediately upon discovery or notification if damage sign Failure to mitigate damaged large signs (i.e. $1,500/day/sign or sign structure presents a safety hazard to the traveling guide signs) and sign structures that pose public. imminent risk to traveling public. Permanent repair of sign and/or sign structure within thirty $1,250/day/sign (30) days. Failure to mitigate large signs knocked down Within fourteen (14) days of discovery or notification. $1,250/day/sign with NO sign face damage. Failure to mitigate large signs knocked down Within thirty (30) days of discovery or notification. $1,000/day/sign with sign face damage. Failure to repair/replace non-reflective or Within thirty (30) days of discovery or notification. $750/day/sign damaged signs and/or sign posts. Failure to install temporary signs after a sign Within two (2) days of discovery or notification. $1,000/day/sign has been hit or damaged. Failure to perform day and night sign Perform inspections and upload findings into NTTA's inspections on a 6-month cycle and upload $750/day CMMS within twenty-four (24) hours of inspection. findings into NTTA's CMMS. Failure to install NTTA provided rate change Immediately within the timeframe directed by NTTA. $500/day/sign plaques/stickers/signs.

2004 Specifications SS-9901.1 56 of 74 Page 175 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to replace damaged "STOP", "YIELD", "DO NOT ENTER", "ONE WAY", Replaced immediately upon discovery. $200/hour/sign and "WRONG WAY". Failure to replace other deficient or damaged Replaced within twenty-four (24) hours upon discovery or $1,500/day/sign warning and regulatory signs. notification.

LIGHTING (ILLUMINATION) Activity Deficiency Identification Timeliness Intervals Liquidated Damages Perform monthly inspection and upload findings into Failure to perform monthly night inspection and NTTA's CMMS within twenty-four (24) hours of $750/day upload findings into NTTA's CMMS. inspection. Failure to repair all deficiencies noted in the Within seven (7) days of inspection. $750/day monthly night inspection. Failure to repair non-functional illumination or Within seven (7) days of inspection, discovery or replace knocked down poles (with functioning $750/day/pole notification. lighting). Secure immediately upon discovery or notification. $750/day/panel Failure to repair, replace and/or secure access Repair or replace within (1) day of discovery or panels. $750/day/panel notification. Secure the area immediately if damaged base presents a $1,500/day/ safety hazard to the traveling public. transformer base Failure to replace or repair broken or damaged transformer bases. Within one (1) day of discovery or notification if damage $1,200/day/ does not present a hazard to the traveling public. transformer base Failure to replace or repair icon, logo sign and Replace or repair lighting upon discovery or notification. $200/hour/gantry column wash lighting at toll gantries.

PAVEMENT MARKINGS / GRAPHICS / MARKERS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to perform and provide documentation (to NTTA PM) of the baseline and annual Perform baseline or annual inspection and upload findings $750/day Mobile Retroreflectivity Data Collection into NTTA's CMMS within one (1) week of inspection. (MRDC) inspection. Failure to repair all deficiencies noted in the Within thirty (30) days of inspection. $750/day annual MRDC inspection. Failure to repair or replace broken, missing, Within thirty (30) days of inspection or completed snow sunken and non-reflective raised pavement $750/day and ice event as determined by NTTA. markers. Failure to repair deficient, damaged or missing Within seven (7) days of discovery or notification. $1,000/day/location markings, graphics or markers. Failure to remove and replace ALL raised Within thirty (30) days of the scheduled two-year cycle $1,200/day/centerline pavement markers (RPMs). completion date. mile

BARRIER MARKERS, LINEAR DELINEATORS and OBJECT MARKERS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to perform day and night inspections Perform required inspections and upload findings into every six (6) months and provide documentation $750/day NTTA's CMMS within one (1) week of inspection. of findings to NTTA PM. Failure to repair all deficiencies noted in the 6- Within seven (7) days of inspection. $750/day month inspection. Failure to repair or replace non-reflective, non- vertical, broken or missing barrier/object Within two (2) days of discovery or notification. $1,000/day/location markers and/or delineators.

2004 Specifications SS-9901.1 57 of 74 Page 176 of 217 ATTENUATORS, GUARDRAIL, END TREATMENTS and CONCRETE TRAFFIC BARRIERS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Within seven (7) days of discovery or notification if the $2,000/day/location Failure to repair or replace damaged attenuator is damaged and non-functional. attenuators. Within fourteen (14) days of discovery or notification if the $2,000/day/location attenuator is damaged but functional. Within seven (7) days of discovery or notification if the $2,000/day/location guardrail is damaged and non-functional. Failure to repair or replace damaged guardrail. Within fourteen (14) days of discovery or notification if the $2,000/day/location guardrail is damaged but functional. Within seven (7) days of discovery or notification if the end $2,000/day/location Failure to repair or replace damaged end treatment is damaged and non-functional. treatments. Within fourteen (14) days of discovery or notification if the $2,000/day/location end treatment is damaged but functional. Within seven (7) days of discovery or notification if the $2,000/day/location Failure to repair or replace concrete traffic concrete barrier is damaged and non-functional. barrier. Within fourteen (14) days of discovery or notification if the $2,000/day/location concrete barrier is damaged but functional. Failure to repair spalls or damaged areas greater $750/day/barrier than one square foot (> 1 SF) and one inch (1") Within fourteen (14) days of discovery or notification. section deep on concrete traffic barriers. Failure to remove scuffs, skid or tire marks $500/day/barrier greater than five square feet (> 5 SF) from Within thirty (30) days of discovery or notification. section concrete traffic barriers. Failure to maintain median barrier drainage $750/day/barrier Within seven (7) days of discovery or notification. slots clear and functional. section Failure to straighten misaligned (greater than Within two (2) days of discovery or notification if the $2,000/day/location four inches (> 4") per barrier section) concrete barrier presents a safety hazard. barrier. Within seven (7) days of discovery or notification. $1,500/day/location

4. BRIDGE MAINTENANCE

BRIDGES Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to keep structures free of undesirable Within five (5) days of discovery or notification. $300/occurrence vegetation. Secure and/or repair immediately upon discovery or notification if it presents a immediate hazard to the $1,500/day/location Failure to maintain all conduits (metal, PVC, traveling public or to the utility line itself. etc.) placed for drainage, electrical, fiber etc. Within fourteen (14) days of discovery or notification if it This includes support devices and hangers. does not present an immediate hazard to the traveling $750/day/location public or to the utility line itself. Failure to clean and seal expansion joints in the Within thirty (30) days of discovery or notification. $200/day/location approach slab. Failure to address approach slab settlement Within thirty (30) days of discovery or notification. $200/day/location greater than three-quarters of an inch (> 3/4").

Failure to keep approach and deck joints clean. Individual joints shall not have more than ten Within fourteen (14) days of discovery or notification. $400/day/location percent (> 10%) incompressible materials.

2004 Specifications SS-9901.1 58 of 74 Page 177 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages Failure to repair approach and deck joints where more than ten percent (> 10%) of the seal or Within fourteen (14) days of discovery or notification. $400/day/location sealant is missing, debonded or brittle. Failure to respond and secure the area adjacent Within two (2) hours of discovery or notification for to the damaged rail or other safety features that damaged features that present a immediate hazard to the $2,000/hour/incident present an immedate hazard to the traveling traveling public. public. Failure to submit permanent emergency repair Submit permanent repair options to NTTA within three (3) $1,500/day/location options to NTTA for approval. days of the failure. Within seven (7) days after approval from NTTA for $2,000/day/location Failure to repair or replace damaged railing damaged and non-functional railing. (concrete or steel). Within fourteen (14) days after approval from NTTA for $2,000/day/location damaged and functional railing. Failure to maintain rail and fence free of dirt, Clean within fourteen (14) days of discovery or $300/day/location debris, bird droppings, etc. notification. Temporary repairs within four (4) hours of discovery or Failure to repair spalls or other damaged areas $1,500/day notification. on bridge decks greater than one square foot (> Permanent repairs within thirty (30) days of initial 1 SF). $750/day discovery or notification. Immediately clean or repair the drains upon discovery or notification if the deficiency could be a potential hazard for $500/hour/location Failure to maintain drains/drainage system clean the traveling public. and functional. Repair within seven (7) days of discovery or notification. $750/day/location Failure to repair loose armor joints. Repair within one (1) day of discovery or notification. $2,000/day/location Failure to repair or replace underdeck lighting. Within seven (7) days of discovery or notification. $1,250/day/location Failure to maintain beams or caps free of dirt, Must be cleaned within fourteen (14) days of discovery or $300/day/location debris, bird droppings, etc. notification. Failure to repair damaged sealed slab joints. Within thirty (30) days of discovery or notification. $400/day/location Failure to repair minor damage (cracks greater than one-eighth of an inch (1/8") wide and/or Within thirty (30) days of discovery or notification. $300/day/location spalls greater than one-half square foot ( > 1/2 SF) in area) on concrete beams. Failure to repair minor damage (cracks greater than one-eighth of an inch (1/8") wide and/or spalls greater than one-half square foot ( > 1/2 Within thirty (30) days of discovery or notification. $300/day/location SF) in area) on concrete columns, pilings and caps. Failure to maintain bearing assemblies clean Within thirty (30) days of discovery or notification. $1,500/day/location and functional. Repair or replace damaged neoprene bearing Within thirty (30) days of discovery or notification. $1,500/day/location assemblies. Repair or replace damaged metal bearing Within thirty (30) days of discovery or notification. $1,500/day/location assembly plates and connections. Corrective measures within fourteen (14) days of discovery Failure to repair column scour. $200/day or notification. Failure to maintain aesthetic features of bridge Within seven (7) days of discovery or notification. $500/day rail and/or fencing elements.

2004 Specifications SS-9901.1 59 of 74 Page 178 of 217 5. AESTHETIC FEATURES (MONUMENTS)

MONUMENTS Activity Deficiency Identification Timeliness Intervals Liquidated Damages Within one (1) day of discovery or notification for damage $2,000/day that may present a potential hazard for the traveling public. Failure to repair damaged monument. Within fourteen (14) days of discovery or notification for damage that does not present a hazard to the traveling $1,000/day public. Obscene or gang-related - Immediately upon discovery. $1,000/day/location Failure to remove graffiti. Other graffiti - Within three (3) days of discovery or $500/day/location notification. Failure to maintain up-lighting. Replace or repair lighting upon discovery or notification. $200/hour/location

6. BUILDING / FACILITY MAINTENANCE

BUILDINGS / FACILITIES Activity Deficiency Identification Timeliness Intervals Liquidated Damages EXTERIOR WALLS Cracks greater than one-quarter inch (> 1/4") Within seven (7) days of discovery or notification. $250/day/location wide and more than one foot (> 1') long. Obscene or gang-related - Immediately upon discovery. $1,000/day/location Failure to remove graffiti. Other graffiti - Within three (3) days of discovery or $500/day/location notification. Loose or missing trim. Within seven (7) days of discovery or notification. $100/day/location Accumulation of dirt. Within seven (7) days of discovery or notification. $100/day/location ROOF Cracks, openings, separations, or any other sign Within three (3) days of discovery or notification. $1,000/day of water leaks at penetrations. Debris accumulations sufficient to obstruct drainage; Loose or missing drain covers; Any Within three (3) days of discovery or notification. $250/day debris, buckets or non-essential materials present on the roof. Loose or damaged flashing or coping. Within three (3) days of discovery or notification. $250/day EXTERIOR DOORS Immediately upon discovery or notification if damage $500/hour Significant damage to door, lock and/or door prevents door from being locked and securing the area. frame; Door is non-functional. Within two (2) days of discovery or notification if damage $250/hour does not affect the security of the building. Damaged or missing weather stripping, seals, or Within three (3) days of discovery or notification. $250/hour thresholds. INTERIOR DOORS Immediately upon discovery or notification if damage $500/hour Significant damage to door, lock and/or door prevents door from being locked and securing the area. frame; Door is non-functional. Within two (2) days of discovery or notification if damage $250/hour does not affect the security of the building.

2004 Specifications SS-9901.1 60 of 74 Page 179 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages INTERIOR WALLS Cracks, dents, gouges, stains or peeling paint affecting over two percent ( > 2%) of the Within seven (7) days of discovery or notification. $100/day surface. Five feet (5') or more of loose, missing, or Within seven (7) days of discovery or notification. $100/day damaged baseboards. More than five (5) locations or one square foot Within seven (7) days of discovery or notification. $100/day (1 SF) of soil visible from ten feet (10'). CEILINGS More than five (5) damaged and/or stained ceiling panels per facility. Missing panels or Within five (5) days of discovery or notification. $100/day damaged and/or missing support strips or other components. FLOORS (NON-CARPETED)

Cracks in sealed and/or stained concrete greater than one-sixteen of an inch (> 1/16") wide. Within seven (7) days of discovery or notification. $250/day Missing ceramic quarry tile. More than five (5) cracked ceramic tile per facility. No soil creating trip or slip hazards. No more than one square foot (> 1 SF) of soil visible Immediately upon discovery or notification. $100/hour from ten feet (10'). No debris that creates a trip hazard or affects Immediately upon discovery or notification. $100/hour travel. FLOORS (CARPETED) Edges loose at baseboards or thresholds. Cuts or tears greater than two inches (> 2") long or Within seven (7) days of discovery or notification. $100/day with raised edges. Greater than five percent (> 5%) of floor area Within three (3) days of discovery or notification. stained. $250/day RESTROOMS Partitions or fixtures damaged. Within three (3) days of discovery or notification. $250/day Fixtures or partition doors do not function Within three (3) days of discovery or notification. $250/day properly. Greater than ten percent (> 10%) of each fixture Within one (1) day of discovery or notification. $100/day dirty or stained. BUILT-IN CABINETS Doors or hardware missing or non-functional. Greater than five percent (> 5%) of area with Within seven (7) days of discovery or notification. $250/day scratches or gouges. FURNITURE All units clean with no visible dirt and dust. Within one (1) day of discovery or notification. $100/day LOCKERS Door is non-functional or locks are non- Within seven (7) days of discovery or notification. $250/day securable. Greater than ten percent (> 10%) of exterior Within fourteen (14) days of discovery or notification. $100/day surface of doors dented, scratched, or defaced. OTHER SURFACES Counter tops or moldings not secure. Within three (3) days of discovery or notification. $250/day Greater than five percent (> 5%) of surfaces Within three (3) days of discovery or notification. $250/day scratched or stained.

2004 Specifications SS-9901.1 61 of 74 Page 180 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages EXTERIOR WINDOWS Immediately upon discovery or notification. $100/hour Broken or cracked window. Within three (3) days of discovery or notification. $250/day Greater than five percent (> 5%) of surface area Within one (1) day of discovery or notification. $100/day scratched or with heavy dirt build-up. INTERIOR WINDOWS Immediately upon discovery or notification for secure $500/hour rooms. Broken or cracked window. Within two (2) days of discovery or notification for non- $100/day secure rooms. Greater than five percent (> 5%) of surface area Within one (1) day of discovery or notification. $100/day scratched or with heavy dirt build-up. STAIRWAYS Loose treads or rails; Debris on treads or Immediately upon discovery or notification. $100/hour landings that affects travel. Soil build-up on greater than five percent (> Within one (1) day of discovery or notification. $100/day 5%) of the stairway surfaces. ELEVATORS Elevators and/or emergency contact phones not Immediately upon discovery or notification. $100/hour operating properly. Soil build-up on greater than five percent (> Within one (1) day of discovery or notification. $100/day 5%) of the surfaces.

HVAC SYSTEMS Activity Deficiency Identification Timeliness Intervals Liquidated Damages AIR CONDITIONING UNITS

Any unit not provide adequate cooling and/or Immediately upon discovery or notification. $100/hour performs with excessive noise or vibration. BOILERS Boilers not functioning as intended. Immediately upon discovery or notification. $100/hour Boiler leaking. Within three (3) days of discovery or notification. $250/day Water Treatment Units for boiler leaks. Within seven (7) days of discovery or notification. $500/day OTHER HEATING UNITS OR COMPONENTS Units and/or component not providing adequate Immediately upon discovery or notification. $100/hour heat. AIR HANDLERS Air handlers not functioning as intended. Immediately upon discovery or notification. $100/hour GAS LINES AND VALVES Line leaks. Valves not providing shutoff or Immediately upon discovery or notification. $100/hour flow when operated. EXHAUST FANS Do not function as intended. Immediately upon discovery or notification. $100/hour THERMOSTATS Any part of hardware is missing and/or not Immediately upon discovery or notification. $100/hour properly tightened. CONTROL/ENERGY MANAGEMENT SYSTEMS Master control screen check indicates malfunctions and settings and readings are not Immediately upon discovery or notification. $100/hour within the five (5) degree range.

2004 Specifications SS-9901.1 62 of 74 Page 181 of 217 ELECTRICAL SYSTEMS Activity Deficiency Identification Timeliness Intervals Liquidated Damages PANELS AND BREAKER BOXES Visible evidence of function failure. Immediately upon discovery or notification. $100/hour Doors are non-functional and/or not secure. Immediately upon discovery or notification. $100/hour Breakers or blank panels are not in place. OUTLETS AND SWITCHES Outlets and/or switched do not function as Immediately upon discovery or notification. $100/hour intended. Plates and/or covers are not in place and or Immediately upon discovery or notification. $100/hour secure. INTERIOR / EXTERIOR LIGHTS (EMERGENCY AND NON-EMERGENCY) Exit, emergency, and/or stairway light not Immediately upon discovery or notification. $100/hour working. Greater than ten percent (> 10%) of other lights Within three (3) days of discovery or notification. $250/day not working. LIGHTNING PROTECTION Visible breaks in system or not-functioning as Within three (3) days of discovery or notification. $250/day intended. TRANSFER SWITCHES

Switches not responding to tests as specified. Immediately upon discovery or notification. $100/hour Doors not secure; Indicator lights not working; Debris inside or against door. Service records Immediately upon discovery or notification. $100/hour are not accessible. EMERGENCY GENERATORS Not responding to automatic and/or manual start- Immediately upon discovery or notification. $100/hour up tests. Doors and/or covers not in place or secure. Immediately upon discovery or notification. $100/hour Service records are not accessible.

PLUMBING Activity Deficiency Identification Timeliness Intervals Liquidated Damages LINES AND VALVES Valves not providing shutoff or flow when Immediately upon discovery or notification. $100/hour operated. Line leaks. Immediately upon discovery or notification. $100/hour FAUCETS AND FLUSH VALVES Faucets and/or flush valves not functioning as Within three (3) days of discovery or notification. $250/day intended. Faucet or flush valves leaks. Immediately upon discovery or notification. $100/hour DRAINS Evidence of blockages. Immediately upon discovery or notification. $100/hour Drain cover missing or not secure. Immediately upon discovery or notification. $100/hour TOILETS AND URINALS Toilets and/or urinals not functioning as Within three (3) days of discovery or notification. $250/day intended. Toilet or urinal leaks. Immediately upon discovery or notification. $100/hour Toilet and/or urinal not properly secured to wall Immediately upon discovery or notification. $100/hour or floor.

2004 Specifications SS-9901.1 63 of 74 Page 182 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages WATER HEATERS Water heater not functioning as intended. Immediately upon discovery or notification. $100/hour Water heater has leaks. Immediately upon discovery or notification. $100/hour SUMP PUMPS Sump pump not functioning as intended. Immediately upon discovery or notification. $100/hour

Sump pump has excessive noise or vibration. Immediately upon discovery or notification. $100/hour DRINKING FOUNTAINS Cooling unit not working; Controls do not Within three (3) days of discovery or notification. $250/day produce adequate flow. Drain has blockage. Drain screen missing or not secure. Visible Within three (3) days of discovery or notification. $250/day damage to water line or electrical cord.

FIRE PROTECTION SYSTEMS Activity Deficiency Identification Timeliness Intervals Liquidated Damages FIRE ALARM SYSTEMS Unit not responding to tests as specified; Immediately upon discovery or notification. $100/hour Indicator lights not functioning properly. Visible functional damage. Immediately upon discovery or notification. $100/hour SPRINKLER SYSTEMS Sprinkler line leaks. Immediately upon discovery or notification. $100/hour Inspection tags not current. Immediately upon discovery or notification. $100/hour FIRE EXTINGUISHERS All present in specific locations. All have current inspections and service tags. All gauges Within seven (7) days of discovery or notification. $1,000/day show adequate readings.

GANTRY Activity Deficiency Identification Timeliness Intervals Liquidated Damages EXTERIOR Components missing (non-IT related Immediately upon discovery or notification. $100/hour/location equipment). * See previous portions of this table for deficiency, timeliness, and liquidated damages.

No more than 10% of surfaces with minor Within three (3) days of discovery or notification. $100/day damage — scratches, dents, stains or streaks. Cracks, openings, separations, or any other sign Within three (3) days of discovery or notification. $500/day/location of water leaks. INTERIOR Clean and Sweep. Performed by the 10th of each month. $100/day/location LIGHTS Components missing or loose. Immediately upon discovery or notification. $100/hour HVAC SYSTEM Unit not functioning. Immediately upon discovery or notification. $100/hour/location

2004 Specifications SS-9901.1 64 of 74 Page 183 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages EXTERIOR DOORS Immediately upon discovery or notification if damage $500/hour Significant damage to door, lock and/or door prevents door from being locked and securing the area. frame; Door is non-functional. Within two (2) days of discovery or notification if damage $250/hour does not affect the security of the building. Damaged or missing weather stripping, seals, or Within three (3) days of discovery or notification. $250/hour thresholds. EXTERIOR WINDOWS Immediately upon discovery or notification. $100/hour Broken or cracked window. Within three (3) days of discovery or notification. $250/day Greater than five percent (> 5%) of surface area Within one (1) day of discovery or notification. $100/day scratched or with heavy dirt build-up.

GROUNDS Activity Deficiency Identification Timeliness Intervals Liquidated Damages CONCRETE PAVEMENT * See previous portions of this table for deficiency, timeliness, and liquidated damages. CURB & GUTTER * See previous portions of this table for deficiency, timeliness, and liquidated damages. SIDEWALKS * See previous portions of this table for deficiency, timeliness, and liquidated damages. STRIPING / PAVEMENT MARKINGS / GRAPHICS * See previous portions of this table for deficiency, timeliness, and liquidated damages. EROSION / TURF / LITTER & DEBRIS * See previous portions of this table for deficiency, timeliness, and liquidated damages. FLAG POLES & LIGHTING Flag unable to be raised and lowered. Within seven (7) days of discovery or notification. $100/day Pole and/or base are not structurally sound. Within seven (7) days of discovery or notification. $100/day Lamps not working or aligned to light flag Within seven (7) days of discovery or notification. $100/day properly.

CLEANING AND MAINTENANCE PERFORMANCE STANDARDS Activity Deficiency Identification Timeliness Intervals Liquidated Damages DAILY REQUIREMENTS All walls shall be spot cleaned. Perform daily. $250/day/location All doors (including hinges, frames, etc.) shall Perform daily. $100/day/location be dusted and spot cleaned. Remove trash from inside trash receptacles and Perform daily; Immediately upon discovery or notification outside trash containers from buildings and $250/day/location if full. facilities. Empty recycle receptacles. Perform daily. $250/day/location Vacuum all carpet and remove stains and spots Perform daily. $500/day/location immediately. Dust furniture, window sills and blinds. Perform daily. $250/day/location Clean and disinfect every restroom and break Perform daily; Immediately upon discovery or notification $500/day/location room. if it is a health or safety hazard. Fill all soap, paper towel and toilet paper Perform daily; Immediately upon discovery or notification $500/day/location dispensers. if empty.

2004 Specifications SS-9901.1 65 of 74 Page 184 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages WEEKLY REQUIREMENTS Clean windows and glazing (inside). Perform weekly. $250/day/location Wipe down all lockers. Perform weekly. $100/day/location Perform weekly; Immediately upon discovery or Replace trash can and waste basket liners. $250/day/location notification if soiled or damaged. Perform weekly; Immediately upon discovery or Clean window blinds. $500/day/location notification if soiled or stained. Clean and polish all bathroom wall and stall Perform weekly. $250/day/location surfaces, doors, hinges, etc. Perform weekly; Immediately upon discovery or Flush all floor drains and trap primers. $500/day/location notification if plugged/backed-up/not draining. MONTHLY REQUIREMENTS Clean windows and glazing (inside and Performed by the 10th of each month. $250/day/location outside). Strip and wax vinyl composite tile (VCT). Performed by the 10th of each month. $500/day/location Test generator and transfer switch; Provide Performed by the 10th of each month. $1,000/day/location NTTA a copy of test results. Repair within two (2) days of notification or discovery. $5,000/day/location Test all emergency lighting fixtures; Repair any Performed by the 10th of each month. $2,000/day/location problems immediately. Repair immediately upon notification or discovery. $5,000/day/location Check function of all faucets, hose bibs, toilets Performed by the 10th of each month. $500/day/location and flush valves. Repair within one (1) day of notification or discovery. $5,000/day/location Change all HVAC filters. Performed by the 10th of each month. $250/day/location Performed by the 10th of each month. $250/day/location Check operation of toilet exhaust fans. Repair within two (2) days of notification or discovery. $1,500/day/location SEMI-ANNUAL REQUIREMENTS Performed semiannually within five (5) days prior to the Shampoo all carpets. $500/day/location date of initial or last semiannual cleaning. Performed semiannually within five (5) days prior to the $1,000/day/location date of initial or last semiannual load test. Any generator failing to meet load bank requirements per Load bank test all generators. manufacturer's requirements shall be repaired and retested $5,000/day/location within seven (7) of the failed test. Report, in writing, any failed test and passing test $500/day/location documents to NTTA within one (1) day after final test. Performed semiannually within five (5) days prior to the $500/day/location date of initial or last semiannual inspection. Inspect lightning protection systems. Repair within seven (7) days of notification or discovery. $1,000/day/location Performed semiannually within five (5) days prior to the $1,000/day/location Perform fire alarm tests. date of initial or last semiannual test performed. Repair within one (1) day of notification or discovery. $5,000/day/location Performed semiannually within five (5) days prior to the Check operation of all fire protection system $1,000/day/location date of initial or last semiannual inspection. tamper switches. Repair within one (1) day of notification or discovery. $5,000/day/location

2004 Specifications SS-9901.1 66 of 74 Page 185 of 217 Activity Deficiency Identification Timeliness Intervals Liquidated Damages Performed semiannually within five (5) days prior to the Perform manufacturers suggested HVAC $1,000/day/location date of initial or last semiannual inspection. maintenance inspections including operational pressure test of refrigeration equipment. Repair within two (2) days of notification or discovery. $5,000/day/location Performed semiannually within five (5) days prior to the $500/day/location Check operation of all exhaust fans. date of initial or last semiannual inspection. Repair within two (2) days of notification or discovery. $2,000/day/location ANNUAL REQUIREMENTS Performed semiannually within ten (10) days prior to the $500/day/location Inspect all interior and exterior walls and date of initial or last annual inspection. partitions for cracking. Repair within thirty (30) days of notification or discovery. $5,000/day/location Performed semiannually within ten (10) days prior to the $1,000/day/location Perform thermographic scan on all panels and date of initial or last annual thermal scan. switchboards. Repair within seven (7) days of notification or discovery. $5,000/day/location Performed semiannually within ten (10) days prior to the $1,000/day/location Check operation of fire pumps. date of initial or last annual inspection. Repair within one (1) day of notification or discovery. $7,500/day/location Performed semiannually within ten (10) days prior to the Check operation of fire protection system water $1,000/day/location date of initial or last annual inspection. motor alarm. Repair within one (1) day of notification or discovery. $7,500/day/location Performed semiannually within ten (10) days prior to the Perform flow test to insure proper operation of $1,000/day/location date of initial or last annual inspection. all alarms. Repair within one (1) day of notification or discovery. $7,500/day/location Performed semiannually within ten (10) days prior to the Inspect all gas-burning equipment prior to the $1,000/day/location date of initial or last annual inspection. beginning of the heating season utilizing manufacturer's suggested checklist. Repair within seven (7) days of notification or discovery. $5,000/day/location ANNUAL INSPECTION & CERTIFICATION REQUIREMENTS Performed semiannually within ten (10) days prior to the $1,000/day/location Inspect entire Fire Protection System including date of initial or last annual inspection. alarms, sprinklers, backflow valves, etc. Provide certification of inspection within seven (7) days of $5,000/day/location completion of inspection. Performed semiannually within ten (10) days prior to the $2,000/day/location Inspect all potable/domestic water backflow date of initial or last annual inspection. devices. Provide certification of inspection within seven (7) days of $7,500/day/location completion of inspection. PEST CONTROL Provide to NTTA PM a minimum of seven (7) prior to any Submit Safety Data Sheet (SDS) to NTTA. $200/day chemical use to an NTTA facility. Submit Contractor's Texas Pest Control License Provide to NTTA PM a minimum of seven (7) prior to any $200/day to NTTA. chemical use to an NTTA facility. Within one (1) day of notification or discovery for rodents. $500/day Provide pest control services. Within three (3) days of notification or discovery for all $500/day others.

2004 Specifications SS-9901.1 67 of 74 Page 186 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

Potholes 0.150 No pothole more than 1 square foot in area and more than 1 inch deep Cracks 0.150 No unsealed longitudinal or transverse crack greater than 1/4 inch Ruts 0.150 No rut greater than 1/2 inch deep Bleeding 0.150 No bleeding for which asphalt sticks to shoes or tires Depressions and 0.150 No more than 1 inch depression or bump in 10 feet Bumps Edge Drop-Off From Travel No edge drop-off from travel lane to paved shoulder greater than 2 inches 0.050 Lane To Paved deep and more than 50 continuous feet long Asphalt Shoulder Pavement Edge Drop-Off 1.00 From Paved 1.00 No edge drop-off from paved shoulder to ground greater than 2 inches deep 0.050 Shoulder To and more than 50 continuous feet long Ground No edge build-up exceeding 2 inches across the design template for a Edge Build-Up 0.050 continuous 50 feet

Curb and Gutter 0.050 No vertical displacement greater than 1-1/2 inches in 10 feet Condition

Functional as traffic barrier, no misalignment greater than 4 inches on any Structure 0.025 section of barrier Traffic Barrier No spalls or damaged areas greater than 1 square foot and I inch deep. No TRAVEL Appearance 0.025 LANES skid or tire marks greater that 5 square feet for any section 0.29 1.00 AND Spalls and 0.150 No spalls or potholes more than 1 square foot area and more than 1 inch deep SHOULDERS potholes Cracks 0.150 No unsealed cracks greater than 1/4 inch wide. No faulting at crack Punch-Outs 0.150 No punch-outs Joint Seal 0.150 No unsealed joints greater than 1/4 inch wide Joint Faulting 0.100 No faulting more than 1/4 inch across joints Depressions and 0.050 No more than 1 inch depression or bump in 10 feet Bumps

Concrete Edge Drop-Off From Travel No edge drop-off from travel lane to paved shoulder greater than 2 inches Pavement 0.050 Lane To Paved deep and more than 50 continuous feet long 1.00 Shoulder 1.00 Edge Drop-Off From Paved No edge drop-off from paved shoulder to ground greater than 2 inches deep 0.050 Shoulder To and more than 50 continuous feet long Ground No edge build-up exceeds 2 inches across the design template for a Edge Build-Up 0.050 continuous 50 feet Curb Condition 0.050 No vertical displacement greater than 1-1/2 inches in 10 feet. Functional as traffic barrier, no misalignment greater than 4 inches on any Structure 0.025 Traffic section of barrier Barrier No spalls or damaged areas greater than 1 square foot and I inch deep. No Appearance 0.025 skid or tire marks greater that 5 square feet for any section Grass and Weed 0.100 Grass height 4-1/2 inches to 7 inches (Sections 1 - 6) Height

Grass and Weed No grass or weeds that encroach onto paved shoulders, main lanes, 0.050 Encroachment sidewalks, islands, rip-rap, or curbs Turf Grasses shall be actively growing and spreading and relatively free of weeds, Appearance 0.100 no barren areas greater than 4 square feet Trimming around fixed objects has been completed, edging along mow curbs, Trimming and ROADSIDE 0.23 0.15 1.00 0.050 1.00 vehicular curbs, sidewalks, drainage flumes, drain inlet boxes and irrigation Edging boxes

Weeds 0.050 Planting beds shall be clean of all vegetation not identified for that area Erosion 0.100 Erosion in planting beds is not allowed Landscape Mulch Cover 0.050 Mulch cover shall be maintained to a 3 inch depth Swales shall be maintained to allow free flow of drainage water; ponding is not Drainage 0.100 allowed System 0.100 All equipment and zones functioning properly Irrigation Area Coverage 0.100 Irrigation equipment is covering specified area and not onto the roadway

2004 Specifications 68 of 74 SS-9901.1 Page 187 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

Trees and plant material shall be actively growing and present an arbor logical Appearance 0.100 and horticultural acceptable appearance.

Dead & Diseased 0.025 No dead, diseased or damaged plant material shall be present Trees, Shrubs & Ornamental 0.15 Trimming & 1.00 0.025 Trees and shrubs are properly trimmed and pruned grasses Pruning Clippings & 0.025 Clippings and trimmings are not present Trimmings Grasses 0.025 Ornamental grasses are trimmed to their specified height No more than 8 pieces of fist-size litter along the roadside, as viewed from the Litter 0.400 road. No more than 8 pieces of fist-size litter along the median, as viewed from Litter and 0.15 1.00 the road Debris Dead animals 0.300 No dead animals Debris 0.300 No potentially hazardous debris Sweeping 0.15 Buildups 1.000 1.00 No buildups greater than 24 inches wide and 1/4 inch deep

ROADSIDE 0.23 1.00 Obscene or Gang-Related 0.600 No obscene or gang-related graffiti Graffiti 0.10 1.00 Graffiti Other Graffiti 0.400 No graffiti that is not obscene or gang related Trees and Trimming 0.500 No tree growth that prevents mower access 0.10 1.00 Brush Removal 0.500 No hazardous dead trees, brush, or branches No more than 1/5 of cross sectional area silted. No debris, trees, or brush Obstructions 0.500 Culverts 0.10 1.00 obstructing culverts Structure 0.500 No crushed or separated pipes No more than 1/5 of cross sectional area silted. No tree, brush, or debris Obstructions 0.500 Ditches 0.10 1.00 obstructions Erosion 0.500 No erosion over 12 inches deep Grates, Inlets, Obstructions 0.500 No more than 15% of openings obstructed. Sumps 50% or less full and Connector 0.10 1.00 Grates present and secure. Inlet structure has no exposed reinforcing steel. Structure 0.500 Pipes No breaks in inlet-connector seal Encroach- 0.05 Presence 1.000 1.00 No illegal signs or other encroachments ments Debris 0.500 No debris that interferes with stream flow Channels 0.05 1.00 Vegetation 0.500 No trees, brush, or other vegetation that interferes with stream flow Channel Rip-rap 0.05 Configuration 1.000 1.00 No missing or settled areas exist that expose more than 5 square feet of soil Protection (Stone)

Embank-ments 0.05 Erosion 1.000 1.00 No erosion over 2 inches deep and Slopes

Rip-rap Sealed joints: At least 70% of joints are sealed effectively; sealant is not (Concrete 0.05 Joints 1.000 1.00 debonded from the concrete, missing, brittle, or damaged. Slope Unsealed joints: No live vegetation growing through joints Protection) Post 0.100 Posts free of rust Deterioration

OTHER 0.11 1.00 Posts with foundations: Posts plumb to within 1/2 inch per foot of post length. Post Alignment 0.100 Driven posts: Posts plumb to within 1 inch per foot of post length.

Breakaway 0.150 Breakaways free of silt or other debris that could impede breakaway features Function Longitudinal placement appropriate for posted speed. Lateral placement in Placement 0.100 compliance with TxDOT Sign Crew Field Book. Signs 0.05 Face 1.00 0.150 Vegetation trimmed to ensure good visibility Visibility

Face Reflectivity 0.150 Signs reflective at night with low beam headlights from 300 feet

Face 0.100 No face with more than 5% of area damaged or vandalized Damage

Warning and Regulatory Sign 0.150 No deficient or damaged warning or regulatory sign Deficiencies

2004 Specifications 69 of 74 SS-9901.1 Page 188 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

Presence 0.400 No more than 1 object marker or delineator missing Object Alignment 0.300 Posts plumb to within 1 inch per foot of post length Markers and 0.05 1.00 All object markers and delineators visible from 300 feet at night with low beam Delineators Reflectivity 0.300 headlights Functional 0.800 All lights functional Access Panel Turnpike 0.100 All access panels in place and secure 0.05 Condition 1.00 Lighting Transformer 0.100 No broken or damaged transformer bases Base Condition Pavement Presence 0.500 Graphics in place and functioning as intended 0.05 1.00 Graphics Reflectivity 0.500 Graphics are visible at night with low beam headlights at 160 feet Pavement Presence 0.500 At least 90% of each line is present 0.10 1.00 Markings Reflectivity 0.500 Lines are visible at night with low beam headlights at 160 feet OTHER 0.11 Raised 1.00 No more than 120 feet of continuous marker installation is without a reflective Presence 0.500 Pavement 0.10 1.00 marker Markers Reflectivity 0.500 Markers are reflective at 300 feet, at night with low beam headlights Metal Beam Guard fence functions as intended — parts in place, installation substantially 0.15 Function 1.000 1.00 Guard Fence plumb Impact Attenuator functions as designed- parts present and adjusted correctly, 0.15 Function 1.000 1.00 Attenuators attenuator aligned Function 0.500 Intact with no torn fabric with breaks or holes greater than 1 square foot Fencing 0.05 No post misalignment greater that 6 inches out of plumb. Fencing must be Alignment 0.500 1.00 taught and attached to the fence posts

Structure 0.500 Vertical & horizontal alignment within engineering/construction specifications Sound Wall 0.05 1.00 Aesthetically acceptable condition, no rust or excessive staining, no excessive Appearance 0.500 abrasion, scuff, spalls, etc., no pealing coating No loss of backfill that affects drainage or structural integrity of wall. Vertical & 0.40 Structure 0.400 0.40 horizontal alignment within engineering/construction specifications RETAINING Retaining 0.07 0.2 1.00 Drainage 0.200 0.20 At least 80% of drain holes function as intended WALLS Walls Aesthetically acceptable condition, no rust or excessive staining, no excessive 0.40 Appearance 0.400 0.40 abrasion, scuff, spalls, etc. No pealing coating. Guard Fence Guard fence functions as intended — parts in place, installation substantially 0.250 Function plumb, sound connections to bridge Attenuator Attenuator functions as designed — parts present and adjusted correctly, 0.250 Function attenuator aligned Approach 0.20 Travel Lanes and 1.00 Shoulder 0.250 Travel lanes and shoulders meet concrete pavement performance criteria Condition Drainage 0.250 Drainage meets roadside performance criteria Condition

Spalls or No holes in the deck more than 1 square foot in area and more than 1 inch 0.250 Damaged Areas deep. No exposed reinforcing steel.

Drain Inlet Opening 0.250 Drains are clean and appear functional Obstructions Deck and Deck- 90% of the sealed joints are sealed effectively. Sealant is not debonded from Approach Joint 0.200 BRIDGES 0.26 Deck 0.20 1.00 1.00 the concrete, missing, brittle, or damaged Seals Deck and Deck- Approach Joint 0.100 90% of joint length is free of incompressible material Cleanliness

Armored Deck and Deck- 0.200 No loose armored joints Approach Joint Condition

Steel All parts of beam system in place, with no damage that appears to cause the Superstructure 0.330 system not to function as intended. Minimal damage and rust Condition Steel Fastener Super- 0.20 Presence and 0.330 1.00 No missing or obviously loose fasteners structure Tightness Concrete Beam No cracks more than 1/8 inch wide. No spalls more than 1/2 square foot in Surface 0.340 area and more than 1 inch deep. No exposed reinforcing steel Deficiencies

2004 Specifications 70 of 74 SS-9901.1 Page 189 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

Columns, Pilings No cracks more than 1/4 inch wide. No spalls more than 1 square foot in area and Cap Surface 0.200 and more than 1 inch deep. No exposed reinforcing steel Deficiencies

Bearing Bearing assemblies are clean. No accumulation of dirt or debris around Assembly 0.150 bearing Cleanliness

Neoprene bearings: Bearing material is all present, no cracking or cuts, Bearing uniform compression, no debonding. Assembly 0.200 Metal bearings: Bearings, plates, bolts and nuts are in place and appear to Function Substructure 0.20 1.00 function as intended.

Abutments and Abutment and pier caps have no accumulations of dirt or litter greater than 1/4 Pier Cap 0.150 inch deep. No debris is present Cleanliness Abutment Retaining Wall 0.150 No loss of backfill that affects drainage or structural integrity of wall Structure Abutment Retaining Wall 0.150 At least 80% of drain holes function as intended Drainage Obscene or Gang-Related 0.060 No obscene or gang-related graffiti Graffiti Other Graffiti 0.060 No graffiti that is not obscene or gang related Culvert No more than 1/5 of cross sectional area silted. No debris, trees, or brush 0.060 Obstructions obstructing culverts.

Culvert Structure 0.070 No crushed or separated pipes

Ditch No more than 1/5 of cross sectional area silted. No tree, brush, or debris 0.060 Obstructions obstructions BRIDGES 0.26 1.00 Ditch Erosion 0.060 No erosion over 12 inches deep Grate, Inlet and Connector Pipe 0.060 No more than 15% of openings obstructed. Sumps 50% or less full Obstructions Grate, Inlet and Grates present and secure. Inlet structure has no exposed reinforcing steel. Connector Pipe 0.070 No breaks in inlet-connector seal Structure Channel Debris 0.060 No debris that interferes with stream flow Channel 0.060 No trees, brush, or other vegetation that interferes with stream flow Vegetation Other 0.20 1.00 Channel Rip-Rap Protection 0.060 No missing or settled areas exist that expose more than 5 square feet of soil (Stone) Configuration Embankment and Slope Condition 0.060 No erosion over 2 inches deep

Rip-Rap Sealed joints: At least 70% of joints are sealed effectively; sealant is not (Concrete Slope 0.060 debonded from the concrete, missing, brittle, or damaged. Protection) Joints Unsealed joints: No live vegetation growing through joints

Underdeck 0.060 All lights functional Lighting Function

Metal Bam Guard Guard fence functions as intended — parts in place, installation substantially 0.070 Fence Function plumb

Impact Attenuator functions as designed — parts present and adjusted correctly, Attenuator 0.070 attenuator aligned Function

2004 Specifications 71 of 74 SS-9901.1 Page 190 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

Cracks 0.400 No cracks more than 1/4 inch wide and more than 1 foot long Graffiti 0.200 No graffiti Exterior Walls 0.15 1.00 Trim features 0.200 No loose or missing trim Dirt 0.200 No accumulations of dirt Cracks/leaks 0.800 No cracks, openings, separations, or signs of water leaks at penetrations Drains/ No debris accumulations sufficient to obstruct drainage. No loose or missing 0.100 Scuppers drain covers Roof 0.20 1.00 Flashing/ 0.050 No loose or damaged flashing or coping Coping Debris 0.050 No debris, buckets, or materials present on roof Damage 0.400 No significant damage to door or door frame

Exterior Doors 0.03 Weather proofing 0.200 1.00 No damaged or missing weather stripping, seals or thresholds

Function 0.400 All doors present, functional, and with securable locks. Damage 0.800 No significant damage to door or door frame Interior Doors 0.03 1.00 Function 0.200 All doors present, functional and with securable locks No cracks, dents, gouges or peeling paint affecting over 2 percent of the Damage 0.500 surface Interior Walls 0.05 Damaged 1.00 0.300 No more than 5 feet of loose, missing, or damaged baseboards Baseboards Excessive Soil 0.200 No more than 5 locations or 1 square foot of soil visible from 10 feet Damaged or No more than 5 damaged and/or stained ceiling panels. No missing panels or Ceilings 0.05 Missing 1.000 1.00 damaged or missing support strips or other components Components

Damaged Non- No cracks in sealed and/or stained concrete over 1/16 inch wide. No missing 0.200 Carpeted Floors ceramic quarry tile. No more then 5 cracked ceramic tile BUILDINGS 0.009 1.00 No soil creating trip or slip hazards. No more than 1 square foot of soil visible Excessive Soil 0.200 Floors 0.05 1.00 from 10 feet Debris 0.150 No debris that creates a trip hazard or affects travel Damaged No edges loose at baseboards or thresholds. No cuts or tears over 2 inches 0.250 carpeted floors long or with raised edges Stains 0.200 Less than 5 percent of floor area stained Damage 0.400 No signs of partitions or fixtures damaged Restrooms 0.05 Function 0.400 1.00 All fixtures and partition doors operate correctly Condition 0.200 No more than 10% of each fixture dirty or stained Built-in All doors and hardware present and functional. No more than 5% of area with 0.03 Damage 1.000 1.00 Cabinets scratches or gouges Damage 0.500 No more than 10% of each unit dented, scratched or defaced Furniture 0.03 1.00 Cleanliness 0.500 All units clean with no visible dirt and dust Function 0.800 All doors present, functional and with securable locks Lockers 0.05 1.00 Condition 0.200 Less than 10 percent of exterior surface of doors dented, scratched or defaced

Function 0.800 All counter tops and moldings secure Other Surfaces 0.05 1.00 Condition 0.200 Less than 5 percent of surfaces scratched or stained Damage 0.500 No breaks or cracks Exterior 0.10 Function 0.400 1.00 No evidence of leaks Windows Condition 0.100 Less than 5 percent of surface area scratched or with heavy dirt build-up Interior Function 0.800 No breaks. No cracks 0.05 1.00 Windows Condition 0.200 Less than 5 percent of surface area scratched or with heavy dirt build-up Function 0.800 No loose treads or rails. No debris on treads or landings that affects travel Stairways 0.05 1.00 Condition 0.200 No soil build-up on more than 5 percent of the stairway surfaces Function 0.500 All elevators and emergency contact phones operating properly Elevators 0.05 1.00 Condition 0.500 No soil build-up on more than 5 percent of the surfaces

2004 Specifications 72 of 74 SS-9901.1 Page 191 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

Air Conditioning 0.20 Function 1.000 All units provide adequate cooling without excessive noise or vibration Units 1.00 Function 0.800 All boilers function as intended Boilers 0.10 1.00 Condition 0.200 No evidence of current leaks Other Heating Units or 0.10 Function 1.000 1.00 All units or components provide adequate heat Components Function 0.800 All air handlers function as intended HVAC Air Handlers 0.10 1.00 0.005 1.00 Condition 0.200 No excessive noises and/or vibration SYSTEMS Gas Lines and Function/ 0.10 1.000 1.00 No apparent leaks. Valves provide shutoff or flow when operated Valves Condition Exhaust 0.10 Function 1.000 1.00 All operate Fans Thermostats 0.10 Function 1.000 1.00 All operate Control/ Energy Master control screen check indicates no malfunctions and settings and 0.20 Function 1.000 1.00 Management readings are within a 5 degree range System

Panels and Function 0.800 No visible evidence of function failure 0.10 1.00 Breaker Boxes Condition 0.200 Doors functional and secure. Breakers or blank panels in place Outlets and Function 0.800 All outlets and switches function as intended 0.05 1.00 Switches Condition 0.200 Plates and covers in place and secure Interior All Exit, emergency, and stairway lights working. At least 90% of other lights 0.25 Function 1.000 1.00 Lights working ELECTRICAL Exterior 0.007 0.25 1.00 Function 1.000 1.00 All emergency lights working. At least 90% of other lights working SYSTEMS Lights Lightning 0.10 Condition 1.000 1.00 No visible breaks in system Protection Function 0.800 All switches respond to tests as specified Transfer 0.10 1.00 Doors secure. Indicator lights working. No debris in side or against door. Switches Condition 0.200 Service record accessible Emergency Function 0.800 All respond to automatic and manual start-up tests 0.15 1.00 Generators Condition 0.200 Doors or covers in place and secure. Service records accessible Lines and Function 0.800 All valves provide shutoff and flow when operated 0.10 1.00 Valves Condition 0.200 No evidence of current leaks Faucets and 0.15 Function 0.800 All faucets and flush valves function as intended 1.00 Flush Valves Condition 0.200 No evidence of current leaks 0.15 Function 0.800 No evidence of blockages Drains 1.00 Condition 0.200 All drain covers present and secure Toilets and 0.20 Function 0.800 All toilets and urinals function as intended. No evidence of current leaks 1.00 Urinals Condition 0.200 All secured to walls or floors. No cracks 0.10 Function 0.800 All water heaters function as intended Water Heaters 1.00 Condition 0.200 No evidence of current leaks PLUMBING 0.005 1.00 0.10 Function 0.800 All sump pumps function as intended Sump Pumps 1.00 Condition 0.200 No excessive noise or vibration Water Treatment Function/ 0.10 1.000 1.00 No evidence of current leaks Units for Condition Boilers All cooling units work. Controls produce adequate flow. No indication of drain Function 0.800 Drinking blockage 0.10 1.00 Fountains Drain screen in place and secure. No visible damage to water line or electrical Condition 0.200 cord Function 0.800 All units respond to tests as specified. All indicator lights work Alarm Systems 0.50 1.00 Condition 0.200 No visible functional damage FIRE Fire All present in specific locations. All have current inspection and/or service PROTECTION 0.007 0.10 1.00 Function 1.000 1.00 SYSTEMS Extinguishers tags. All gauges show adequate readings Sprinkler 0.40 Function 1.000 1.00 No evidence of current leaks. All have current inspection tags System

2004 Specifications 73 of 74 SS-9901.1 Page 192 of 217 Table 2 Performance-Based TRM of CTP - MRP Weights Table

Weights for MRP — Version 9 2017 - 2023 TRM ASSET GROUP ASSET CHARACTERISTIC Weight Weight Weight PERFORMANCE CRITERIA Name Weight Name Weight Name Weight Total Total Total

No visible evidence of structural faults. No cracks over 1/8 inch wide. No more Damage 0.600 than 5% of surfaces affected by cracks, chips, or gouges Surfaces 0.10 1.00 No more than 10% of surface affected by staining from minor leaks, scuffs, or Appearance 0.400 scratches. No debris over 1 cubic foot Drain and 0.20 Function 1.000 1.00 All grates and plates in place and undamaged Sump Grates 0.20 Function 0.600 All treads and rails secure. No debris over 1 cubic foot that affects travel Stairways 1.00 Lighting 0.400 All lamps function TUNNELS 0.0010 1.00 Exhaust Fans 0.10 Function 1.000 1.00 All operate

Monitoring/ 0.10 Function 1.000 1.00 All operate Alarm Systems

Damage 0.400 No damage affecting door function or security Hardware 0.300 All hardware present and tight to hand pressure Doors 0.30 1.00 Weather-proofing 0.300 No missing weather stripping, seals, or thresholds

Damage 0.600 No components missing Exterior 0.40 1.00 No more than 10% of surfaces with minor damage — scratches, dents, or Surfaces Condition 0.400 streaks GANTRIES 0.004 1.00 Damage 0.600 No components missing Gantry 0.40 1.00 No more than 10% of surfaces with minor damage — scratches, dents, or Condition 0.400 streaks Lights 0.20 Function 1.000 1.00 No components missing or loose Spalls and No spalls or potholes more than 1-1/2 square feet in area and more than 2 0.250 Potholes inches deep Cracks 0.250 No unsealed cracks greater than 1/4 inch wide. No faulting at cracks Concrete 0.30 Joint Seal 0.150 1.00 No more than 50 linear feet of unsealed joints greater than 1/4 inch wide Pavement Joint Faulting 0.150 No faulting more than 1/2 inch across joints Depressions and 0.200 No more than 1-1/2 inch depression or bump in 10 feet bumps Curb and 0.10 Alignment 1.000 1.00 No vertical displacement greater than 1-1/2 inches in 10 feet Gutter GROUNDS 0.0010 1.00 1.00 Sidewalks 0.15 Alignment 1.000 1.00 No vertical displacement greater than 3/4 inch Striping 0.05 Function 1.000 1.00 At least 90% of striping functions to delineate parking spaces Erosion 0.400 No eroded areas more than 3 inches deep Grass height 0.300 No grass less than 2 inches high or more than 4 inches high Grounds 0.30 1.00 Litter and debris 0.300 No more than 5 pieces of fist-size litter. No debris over 1 cubic foot

Function 0.600 Flag capable of being raised and lowered Flag Pole 0.05 1.00 Condition 0.400 Pole and base are structurally sound Flag Lighting 0.05 Function 1.000 1.00 All lamps working and aligned to light flag properly

* Only the predominant type of travel lanes and shoulders are rated

2004 Specifications 74 of 74 SS-9901.1 Page 193 of 217 January 2017

NORTH TEXAS TOLLWAY AUTHORITY

SPECIAL SPECIFICATION

ITEM 9902 SNOW AND ICE CONTROL

1. Description. The use of chemicals, abrasives, and equipment to treat the pavement to prevent and remove snow and ice during a winter event with the goal of having all travel ways free and clear of snow and ice.

2. General. Contractor shall maintain all pavement travel lanes of the Chisholm Trail Parkway (“CTP”) including, but not limited to, mainlanes, ramps, direct connectors, and shoulders as defined by the plans and keeping them free from snow and ice so that traffic can proceed in a safe manner throughout the winter weather event. Contractor shall also play an active role in snow and ice control by monitoring the weather, evaluating roadway conditions, and mobilizing additional equipment and personnel as necessary to remove all snow and ice from the travel lanes.

Contractor understands the weather can change and conditions experienced for each snow and ice event may be different, and as a result Contractor may need to adapt and/or acquire the personnel and equipment as necessary beyond what is specified below. Contractor is to have as a minimum the personnel, trucks, loaders, spreaders, plows, liquid sprayers, and other equipment with appropriate operators to be fully equipped and ready for use as specified. However, Contractor understands additional equipment and personnel may be necessary to respond to snow and ice events, and Contractor will obtain the equipment and operators in a timely fashion as determined by the NTTA Project Manager (“NTTA PM”).

Contractor shall review NTTA’s Snow and Ice Guidelines Manual for additional information as to how NTTA performs snow and ice control. Contractor will be invited to NTTA’s Brine Making Training.

Contractor shall submit a detailed Snow and Ice Control Plan to the NTTA PM for approval within sixty (60) days of the Notice to Proceed (NTP). Plan shall demonstrate, to the satisfaction of NTTA that sufficient resources under contract (including equipment, fuel, supplies, personnel, etc.) can fully perform snow and ice control on the entire CTP for the upcoming snow and ice season. All mainlanes, ramps, bridges and direct connectors must remain open and free and clear of snow and ice during the entire winter weather event. The Plan shall include sections demonstrating Contractor’s ability to obtain any additional equipment and/or personnel necessary to remove snow and ice from the roadway if conditions warrant. The Plan shall be updated by August 1st of each year incorporating lessons learned from the previous snow and ice season. The winter weather season is typically from November through April. However, no additional payment will be made for events outside of this time frame.

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The number of hours of use may vary with the number and severity of winter storms. Depending on the storm event, the NTTA PM may direct a full or partial mobilization as defined under Methods of Operation. However, it remains Contractor’s responsibility to keep the travel lanes free and clear of ice and snow and to take actions as necessary.

3. Materials. Snow and ice control materials such as, but not limited to, granular Meltdown 20, Liquid Magnesium Chloride and Aggregate, and Salt, will be provided by NTTA and stored at sand stockpile locations identified in the plans. Contractor will be responsible for making and distributing the brine mixture.

Throughout the year, Contractor shall provide the necessary equipment and operators to coordinate deliveries, off-load materials, place in the appropriate areas within the sand stockpile locations, verify the material delivered matches what was expected, and provide any delivery tickets to the NTTA PM within 48 hours of the receipt of the delivery.

4. Equipment and Personnel. NTTA shall require Contractor to furnish the minimum amount of equipment and personnel based on the conditions as outlined in Table 1 unless otherwise directed by NTTA PM. Below are the quantities of the vehicles, equipment and personnel for a full deployment of a Condition Level – Red as defined Section 5.B, “Methods of Operation”:

A. Trucks – Seventeen (17) large trucks (minimum gross vehicle weight of 52,000 lbs.) and four (4) dually trucks (minimum ¾-ton) are required to accommodate spreaders and plows. Three (3) additional large trucks (without spreaders or plows) are required to accommodate the liquid dispensing tanks.

B. Spreaders – Seventeen (17) self-contained sand spreading equipment with a minimum 8.0 cubic yard capacity and four (4) self-contained sand spreading equipment with a minimum 2.0 cubic yard capacity are required to distribute solid materials.

C. Liquid Dispensing Tanks/Sprayers and Trucks – A minimum of 3 – 1,000 gallon tanks capable of dispensing anti-icing and deicing chemicals, such as magnesium chloride and/or brine, in a pattern and rate as recommended by the supplier and/or the NTTA PM.

D. Loaders – two (2) rubber tire loaders are required to stockpile NTTA provided materials and load spreaders

E. Plows – Eight (8) plows (four for the large dump trucks; four for the dually trucks) are required to remove accumulated snow and/or ice a full travel lane wide in a single pass; must utilize a wearing-blade indicator to minimize damage to the pavement and equipment. The plows must be able to interchange the wearing-blade in order to install the appropriate blade for the conditions it will be operating in.

F. Mechanics - A sufficient number of mechanics are required to address truck, equipment or spreader malfunctions or failures before, during, and after an event.

G. Brine Maker – NTTA will provide brine making equipment. Contractor will provide the necessary personnel to create and load the brine into the sprayers.

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H. All labor, tools, fuel, equipment transportation, safety equipment and any other items necessary to complete the work.

T able1 S N O W & ICECO N T R O L -VehiclesandEquipment

#of #of #of #of #of ConditionL evel T ank T rucks S preaders L oaders P lows S prayers

"BL U E" 1 1 1 0 0

2 -Sm all 2 -Sm all "YELL O W " 2 0 2 -Sm all 6-Large 6-Large 3 -Sm all 3 -Sm all 3 -Sm all "O R AN GE" 2 1 12 -Large 12 -Large 2 -Large 4 -Sm all 4 -Sm all 4 -Sm all "R ED" 2 3 20 -Large 17-Large 4 -Large

Notes:

1. Small trucks are typically ¾-Ton minimum; Large trucks have a minimum gross vehicle weight of 52,000 lbs.

2. Automatic Vehicle Location (AVL) with Global Positioning Satillite (GPS) devices are required for all equipment.

3. Loaders will be housed at the sand stockpile locations.

4. The number of vehicles and equipment, with associated personnel, list above are the minimum requirements. During an event, NTTA may determine that additional equipment and personnel are necessary to assist with the snow and ice control, the equipment and personnel shall be supplied by the Contractor at no additional cost to NTTA.

The number and types of vehicles and/or equipment listed above were developed using the best available information and experience, but they are the minimum required. If during an event NTTA determines additional equipment may be necessary to respond to assist with the removal of snow and ice from the travel lanes, the equipment and/or personnel shall be supplied by Contractor at no additional costs to NTTA. It remains the responsibility of Contractor to keep the travel lanes free from snow and ice.

Contractor shall provide Automatic Vehicle Location (AVL) with Global Positioning Satellite (GPS) devices for all vehicle/piece of equipment to be used on the roadway. The AVL system shall be internet based and NTTA shall have access to view the AVL system, including features showing at least the location, speed, engine status, and other information deemed necessary to allow the NTTA PM to determine the vehicles are actively performing snow and ice event

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duties. The accuracy of the AVL devices shall be within 15 feet of the actual location of the equipment with data updated and transmitted at a minimum of every minute. Devices shall be able to identify when spreaders are in the “ON” or “OFF” positions as well as determine when the plows are engaged “DOWN” or are not in use “UP” position. Each vehicle/piece of equipment with an AVL device shall have an identifier as to the type of equipment, operator and contact number. If the AVL units are not functioning properly, personnel and equipment will not be considered as being on the job site until the AVL units are functioning properly. All time penalties will apply until the internet site logs the AVL data points, unless Contractor notifies the NTTA PM or designee of a temporary AVL functionality issue prior to an event. If a temporary AVL issue exists, Contractor will provide the NTTA PM, or designee, a mutually agreed upon form of verification to document that the equipment and personnel met the time requirements defined in the Contract. All data records of the AVL system shall be maintained by Contractor for at least one (1) year. Contractor shall provide the NTTA with backup copies of the data files upon request.

Operators shall possess appropriate driver’s licenses and/or certifications. Contractor shall maintain equipment in good working condition and be prepared to work continuously for twenty-four (24) hours a day until the winter weather event has concluded. Contractor shall furnish backup/replacement operators and equipment as needed.

Contractor shall have a supervisor with experience in managing and directing snow and ice control programs on duty for all winter weather events. Supervisor shall perform as NTTA’s point of contact. Supervisor shall maintain the ability to communicate with the NTTA PM and Contractor field personnel at all times.

Warning Lights. Traffic control for snow and ice shall be in accordance with applicable TxDOT standards. High-intensity rotating, flashing, oscillating, or strobe lights shall be used on all vehicles participating in the mobile work on the travel lanes. All equipment used within the sand stockpile area shall be equipped with warning lights.

5. Methods of Operation. Contractor will be allowed a maximum of two (2) hours to mobilize all equipment and personnel and report for work at the designated stockpile locations. The time to mobilize shall begin at the first attempt of notification by the NTTA PM. Failure to mobilize within two (2) hours shall result in the assessment of penalties as noted under Section 5.E, “Non-Performance/Failure to Respond.”

As part of the response Contractor may be required to pre-treat elevated structures, bridges, ramps, direct connects, and other known areas that are subject to freezing first, prior to the beginning of the winter weather event. Contractor shall continue treatment of the CTP throughout the duration of the event.

Contractor is responsible for continually monitoring weather conditions and making additional treatments, evaluating effectiveness of mobilized equipment, determining if additional equipment or personnel are needed, and mobilizing additional equipment and personnel as necessary until the risk of accumulation of ice, snow, or hazardous conditions has dissipated and the roads are free and clear of ice and snow.

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A. Contractor shall verify spread rates for materials prior to the start of each snow and ice event. However, typical material application/spread rates are as follows:

1. 0.43 lbs/LF of travel lane for sand

2. 0.019 lbs/LF of travel lane for MD -20

3. 30-60 gal/mile of travel lane for brine

4. 0.43 lbs./LF of travel lane for salt

B. NTTA uses a color system to designate the level of response, including manpower and equipment. The condition may be upgraded or downgraded as weather and road conditions change. Contractor shall play an active role in assisting the NTTA PM in determining the appropriate response based on the weather forecasts, but the NTTA PM shall have final determination as to what condition is designated and when the designation is considered in effect. The conditions levels are:

1. Condition “BLUE” - Blue conditions are called when the forecast indicates a freezing temperature with no rain predicted. This action requires close watch of pending weather conditions. The full deployment of Contractor snow and ice control personnel and equipment will not be activated at Blue. The on-call Contractor personnel will be responsible for responding in the event a trouble spot is identified by NTTA.

Contractor will provide a spreader loaded and ready to respond if called by the NTTA PM. Contractor shall notify the NTTA PM if conditions begin to deteriorate beyond the original weather predictions. The activation and response required under this condition is considered subsidiary to the lump sum price of the Total Routine Maintenance contract. There is no separate payment for any equipment, manpower, or materials associated with response under this condition.

2. Condition “YELLOW” - These conditions are called when freezing temperatures are predicted and a slight chance of rain exists. The conditions will warrant a standby crew stationed at each sand stockpile or designated location as determined by NTTA. However, the full deployment of all snow and ice control personnel and equipment will not be activated at Yellow.

Contractor will have the following equipment ready to respond:

 Six (6) trucks with loaded spreaders  Two (2) dually trucks with plows and loaded spreaders

Contractor standby crew will patrol the roadways on routes designated by the NTTA PM, will treat any areas they discover, and respond to areas reported by the NTTA Command Center.

The Contractor shall notify the NTTA PM if conditions begin to deteriorate beyond the original weather predictions. The activation and response required under this condition

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is considered subsidiary to the lump sum price of the Total Routine Maintenance contract. There is no separate payment for any equipment, manpower, or materials associated with the response under this condition.

3. Condition “ORANGE” – These conditions are called when snow and/or ice exist on a portion of the CTP, or if there is a high chance of freezing weather and precipitation in the forecast for a portion of the CTP. The conditions will warrant a standy crew stationed at each sand stockpile or designated locations as determined by the NTTA PM. However, the full deployment of all snow and ice control personnel and equipment will not be activated at Orange.

Contractor will have the following equipment ready to respond:

 Twelve (12) trucks with loaded spreaders  Three (3) dually trucks with plows and loaded spreaders

Contractor’s standby crew will patrol the CTP on routes designated by the NTTA PM, will treat any areas they discover and/or respond to areas reported by the NTTA Command Center.

Contractor shall notify the NTTA PM if conditions begin to deteriorate beyond the original weather predictions.

4. Condition “RED” - Red conditions are called when the corridor has, or is forecasted to have, ninety-five (95%) percent coverage of freezing conditions and precipitation. This condition will exist as long as freezing rain, sleet, moderate to heavy snow, icy or packed snow exist on the corridor. The snow and ice control personnel and equipment outlined in Section 4, “Equipment and Personnel” above shall be activated, as described below, within two hours of notification by the NTTA PM, with the exception of the pretreatment.

Contractor shall take an active role in assisting the NTTA PM to determine when the Contractor will be required to mobilize all snow and ice personnel, vehicles and equipment by continually evaluating the roadway conditions, forecasts, and other available information. However, the NTTA PM shall make the final determination as to when this condition is called and payment for such mobilization begins and ends.

Contractor shall pretreat bridges, overpasses, ramps, direct connectors, and other areas subject to ice buildup using liquid chemicals at a rate directed by the NTTA PM. The pretreatment shall be performed when conditions are subject to pretreatment and/or directed by the NTTA PM. The pretreatment process shall be considered subsidiary to a response in this condition.

Contractor shall deploy all snow and ice control personnel and equipment, including the onsite supervisor to assist in the NTTA Maintenance Emergency Operations Center (MEOC) in Plano, Texas, or to another designated located as determined by the NTTA PM.

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Unless otherwise approved by the NTTA PM, personnel will be limited to a maximum of twelve (12) hours of operation during any twenty-four (24) hour time period. Contractor shall furnish backup/replacement personnel as needed or as directed by NTTA. Contractor shall coordinate shift changes so that not all of the trucks are off of the roadway at the same time.

If the NTTA PM determines that the roadway, bridge, ramp, etc. needs to be closed, Contractor is required to provide, install, maintain and remove all required signs and traffic control devices to detour traffic until the roadway, bridge, ramp, etc. can be opened for safe travel. Once the roadway, bridges, ramps, etc. are deemed safe for travel, Contractor will remove all temporary signs and traffic control devices. This work will not be paid for separately but will be subsidiary to this Item.

C. Pre-Storm Requirements. Contractor shall provide to the NTTA PM documentation that spreaders and liquid applicators have been checked/set/calibrated to distribute material at the plan rate. Contractor shall conduct a tailgate meeting to discuss potential problems and to ensure all operators understand route assignments.

D. Post Storm Requirements. Immediately after a winter weather event has concluded, Contractor shall report the following information, in an acceptable format and broken down by day, to the NTTA PM:

1. Event start date

2. Event start time

3. Material Type Solid Used

4. Material Type Solid Quantity

5. Material Type Liquid Used

6. Material Type Liquid Quantity

7. Total Number of Trucks used and Type

8. Total Miles Driven

9. Number of Hours for Each Event

10. Other information as requested by the Engineer

Contractor shall monitor and inventory all materials at a minimum every eight (8) hours and provide updates to the NTTA PM. Within two (2) hours of the completion of each winter weather event, de-icing materials at the stockpile locations shall be inventoried and provided to the NTTA PM. Contractor shall coordinate restocking of NTTA provided materials in preparation of the next event, and is responsible for providing all necessary equipment and personnel necessary to coordinate delivery trucks and place the materials in the appropriate locations in the stockpile areas.

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Within a week after the conclusion of a winter weather event, the NTTA PM and Contractor will meet to evaluate the operational plan performance to better optimize route assignments and promote continuous improvement.

Contractor shall be mindful of the existing raised pavement markers (RPMs) while performing the necessary snow and ice control measures. At the conclusion of eachwinter weather event, Contractor and NTTA personnel will perform a visual inspection, both day and night, to determine broken, missing, rotated, or non-reflective markers. Individual lane lines may not have two (2) or more consecutive markers missing. Contractor is responsible for replacing these markers within one (1) month of the inspection. This work will not be paid for separately but shall be subsidiary to the Total Routine Maintenance Contract.

High Friction Surface Treatment along the shoulders damaged by snow and ice control are Contractor’s responsibility to replace within one (1) month of the conclusion of the winter weather season as determined by the NTTA PM. Damage is considered any defects greater than one square foot (> 1 SF). Repairs shall be performed with like materials and in accordance with the manufacturer’s recommendations. This work will not be paid for separately but will be subsidiary to the Total Routine Maintenance Contract.

E. Non-Performance / Failure to Respond. Non-Performance / Failure to Respond fees for not providing the necessary equipment and personnel as noted in Section 4, “Equipment and Personnel”, will be assessed as follows:

1. Failure to submit initial and/or updated Snow and Ice Plans within the contract requirement timeframe will result in a Non-Performance fee of $500 per day.

2. Failure to mobilize the appropriate personnel and vehicle/equipment:

(a) Within thirty (30) minutes (for a “BLUE” or “YELLOW”) of the NTTA PM’s notification will result in a Failure to Respond fee in the amount equivalent to $1,000 per hour plus a $500/hour/unit non-compliance assessment.

(b) Within two (2) hours (for a Condition “ORANGE” or “RED”) of the NTTA PM’s notification will result in a Failure to Respond fee in the amount equivalent to $2,000 per hour plus a $750/hour/unit non-compliance assessment.

3. Failure to replace essential non-working vehicles/equipment within one (1) hour will result in a Failure to Respond fee of $1,000 per hour per unit until the unit is fixed or replaced. For example, if a truck is equipped with a spreader and plow but the spreader is non-functioning, the entire unit (truck, spreader and plow) is considered non-working.

4. In the event that travel lanes are open but snow and/or ice accumulation is evident on the travel lanes due to Contractor failing to take necessary actions to keep the lanes passable during a winter weather event (as determined by the NTTA PM), a non-performance fee of $1,000 per hour shall be assessed until the accumulation is removed to the satisfaction of the NTTA PM.

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5. In the event that travel lanes are closed (as determined by the NTTA PM) due to Contractor failing to take the necessary actions to keep the lanes passable during a winter weather event, a non-performance fee of $1,000 per lane-mile per hour that a lane is closed shall be assessed

If Contractor is not meeting the performance standards, or otherwise is not performing according to the requirements of this specification, and fails to cure such non-performance within one (1) hour of the NTTA PM providing written or verbal notice of same to Contractor, the NTTA PM may (but will not be obligated to) cure such non-performance. This may include the use of emergency contracts. If Contractor fails to cure such non- performance within the time period set forth above, to avoid conflicts with NTTA’s measures, Contractor will refrain from taking corrective steps of its own unless expressly permitted to do so in writing by NTTA. The costs incurred by NTTA to take corrective action will be set off and deducted from any monies due Contractor by NTTA. In addition, if Contractor fails to meet the performance standards, the non-performance fees noted above will continue until the non-performance is cured by Contractor or NTTA, and will be assessed against Contractor and deducted from the amounts due to Contractor.

Regarding the various non-performance fees noted above, Contractor unconditionally and irrevocably acknowledges and agrees that its failure to comply with the standards of performance specified within this specification and elsewhere in this Contract will cause losses to NTTA, including, but not limited to, lost revenues, increased administrative costs, damage to NTTA’s reputation, and other tangible and intangible losses. Contractor unconditionally and irrevocably acknowledges and agrees that the actual amount of said losses and expenses is extremely difficult to determine and that the various non-performance fees set forth above constitute a fair and reasonable estimate by the parties of the amount of said losses and expenses and in no event will constitute or be construed as a penalty. Contractor further acknowledges and agrees that such non-performance fees will not limit, impair, or supersede NTTA’s right to terminate the Contract and/or exercise any other remedies and be entitled to any other damages available under this Contract or law or equity in the event of a default by Contractor under this Contract.

6. Measurement. This Item (Snow and Ice Control) will be measured by the hour for a “Condition Level – Orange” or “Condition Level – Red” callout response only. All other responses (Condition Level – Blue or Condition Level - Yellow), plans, coordination, equipment and personnel necessary for carrying out the items in this specification are considered subsidiary to the Total Routine Maintenance.

A. Snow and Ice Control. “Condition Level – Orange” or “Condition Level - Red” will be measured by the hour of each condition. Partial hours will be rounded to the nearest one- quarter (1/4) hour of work performed. Time charges begin when Contractor has the required number of trucks and equipment (as required by the condition) loaded, in place and ready to begin each route and ends when work is complete and the NTTA PM has determined that winter weather event is no longer a hazard to the traveling public authorizes a full or partial demobilization for each event.

“Condition Level - Orange” or “Condition Level - Red” shall be called at the sole discretion of the NTTA PM.

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Time charges will stop for a Condition Level - Orange or Condition Level - Red two (2) hours after the condition change notification by NTTA.

The following will not be paid for directly but will be subsidiary to the Total Routine Maintenance Contract:

1. Initial, updated and annual Snow and Ice Control Plans submitted to the NTTA PM.

2. Coordinating delivery, receiving inventory, and appropriately stockpiling of NTTA provided materials outside or during the winter weather season.

3. Materials, equipment and personnel necessary to provide responses under Condition Levels Blue or Yellow.

4. AVL units and access to the real-time data.

5. Any equipment or personnel beyond what is specified for a Condition Level – Orange or Condition Level - Red response that is deemed necessary to keep the travel ways free and clear of snow and ice.

7. Payment. The work performed and materials, equipment, and personnel furnished in accordance with this Item will be paid for at the unit price bid for “Snow and Ice Control” for a response for “Condition Level – Orange” or “Condition Level - Red” only. This price shall be full compensation for personnel, operators, vehicles, equipment, communication equipment, labor, fuel, tools and incidentals.

The work performed and materials, equipment, and personnel furnished to achieve compliance with this specification, other than as specified for a mobilization under a Condition Level – Orange or Condition Level - Red, will not be a separate pay item and should be considered subsidiary to the Total Routine Maintenance Contract.

2004 Specifications 10 of 9 SS-9902.1

Page 203 of 217 January 2017

NORTH TEXAS TOLLWAY AUTHORITY SPECIAL SPECIFICATION ITEM 9903 CHISHOLM TRAIL PARKWAY BARRICADES, SIGNS, AND TRAFFIC HANDLING FOR THE MAINTENANCE OF IT EQUIPMENT

1. Description. Reference Article 502.1. and is supplemented by the following:

Traffic control is required for the maintenance of NTTA’s Electronic Toll Equipment (i.e. cameras) and CCTV. The NTTA IT Department will be performing the necessary maintenance and new installations of the IT equipment themselves. IT maintenance is typically performed during the daytime but some night maintenance work should be expected. Based on past experience, it is estimated that twelve (12) lane closures (shoulder, one or two lanes) or ramp closures are required each month. Closures will be rolling or static as dictated by the type of work to be performed by the NTTA IT Department. The NTTA PM will notify the Contractor of the work location seven (7) days in advance of the preventative IT maintenance work. Most preventative maintenance work will be on a scheduled basis but occasionally equipment failures may require a two (2) hour response time.

2. Construction. Reference Article 502.2. and is supplemented by the following:

Basis of Estimate

Number of Mainlane Gantries 3

Number of Ramp Gantries 24

Number of CCTV Towers 49

Number of CCTV Cameras 300

NTTA will notify the Contractor a minimum of thirty (30) calendar days prior to beginning this item of work. NTTA reserves the right to suspend or end this item of work at any time and for any reason and will notify the Contractor a minimum of thirty (30) calendar days prior to the suspending or ending of this item of work. If the standard traffic control plan requires a Trailer Mounted Flashing Arrow Board, a Truck Mounted Attenuator (TMA) and/or a Portable Changeable Message Sign (PCMS), these will be considered incidental to Item 9903 “Chisholm Trail Parkway Barricades, Signs, and Traffic Handling for the Maintenance of IT Equipment”.

3. Measurement. Reference Article 502.3.

2004 Specifications 1 of 2 SS-9903.0

Page 204 of 217 January 2017

4. Payment. Reference Article 502.4. and is supplemented by the following:

Section 502.4.C., “Maximum Total Payment Prior to Acceptance,” is void and replaced by the following:

The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8., “Final Acceptance.”

Section 502.4.E., “Balance Due,” is voided and not replaced.

Section 502.4.F., “Law Enforcement,” is voided and not replaced.

2004 Specifications 2 of 2 SS-9903.0

Page 205 of 217 NTTA LANE CLOSURE GUIDELINES

Introduction

The North Texas Tollway Authority (NTTA) Lane Closure Guidelines implement 9/. '(($?8 Mission to provide a safe and reliable toll road system by the definition of a business process and identification of the associated guiding principles. All closures on the NTTA system should be handled as practically allowed to minimize traffic impact and ensure safety compliance. Additional efforts should also be devoted to inform the traveling public, coordinate with other transportation agencies, and avoid conflicts between contractors and maintenance activities.

The following sections describe the detailed procedures of the lane closure request submission and approval process as well as some special considerations.

Request Submission

The NTTA Maintenance Department and the System Incident Management (SIM) Department are collectively responsible for the general maintenance and incident response of the NTTA roadway system. Any planned closure on NTTA roadways, including travel lanes and shoulders, or other activities that might impact the traffic flow and safety of the traveling public, must be reported in advance to the NTTA Lane Closure Management Team (LCM Team) for review and approval. The LCM Team members include the NTTA Traffic Engineer and his/her designees within the Maintenance Department. The Traffic and Emergency Management Coordinator (TEMC) from SIM Department is responsible for assisting the coordination with other agencies and first responders as necessary.

All closure requests must be submitted using the NTTA Lane Closure Request Form or by other means approved by the Authority. The request form shall be completed thoroughly with applicable information such as closure date, duration, locations, brief description of work category, reason for the closure, as well as the contact information (cell phone number and email address) of the persons responsible for all related issues during the closures.

Advance notification, as specified below, is required for each closure:

1. Major Closures (10 Business Days prior to requested date of closure) a. Complete roadway closures b. Multiple lanes or major ramp closures where either impact is estimated to be significant or traffic needs to be detoured outside of the corridor c. Starting a new construction project d. Major switch in traffic or construction stage change e. Work to be completed by a franchise utility company

2. Minor Closures (3 Business Days prior to requested date of closure) a. Closures for routine maintenance activities not defined as major closures above b. Rolling lane closures (with intermittent stops up to 15 minutes) c. Shoulder Closures d. Lane closures associated with an ongoing construction project that are not defined as major closures above

For all closures on NTTA roadways, a traffic control plan is required. Any associated detours and proposed messages to the public should also be submitted at the same time. These

).+*/,+& '*0 $"#% (*-, # nboNQWNbWM sR Page 206 of 217 s e[ k SSM SQRU documents will be reviewed to determine if the request is approved or any adjustment is required.

In case of Emergency Closures, the NTTA Command Center (214-224-2203) shall be notified immediately. The Command Center will then notify appropriate personnel, including various NTTA Departments and Executive Staff as necessitated by the situations.

Review and Approval Process

All closure requests submitted within the specified time frame will be reviewed by members of the Lane Closure Team. The requests will be evaluated based on the closures? potential impact on the traffic levels of service, safety, and other considerations such as toll revenue and customers? 4<.7*11 97*<.1 convenience. Coordination with other government agencies will also be performed when a closure is expected to impact a facility outside of the NTTA system. Approval or rejection will be sent to the requestor at least five (5) business days prior to the start date of a major closure, or at least two (2) business days prior to a minor closure. Following the approval issued by the NTTA Lane Closure Management Team, appropriate warning signs should be installed to inform motorists about the planned closures and alternative route choices. Portable Changeable Message Signs (PCMS) shall be installed for any planned major closure. The PCMS should be in place no less than three (3) business days prior to the major closures or one (1) business day for minor closures. It is the responsibility of the lane closure requestor to arrange for the procurement and installation of the required devices. Copies of the approval notice will also be sent to the pertinent NTTA Department staff and executive members as necessary. In the event of a schedule change or emergency situation, the requestor shall notify the NTTA Lane Closure Management Team or NTTA Command Center immediately. Follow-up documentation of the closure details should also be submitted for '(($?8 7.,47-.

Special Considerations

The guiding principles of the NTTA lane closure process are to minimize traffic impact, ensure work zone safety, and maintain a high level of customer service via proactive communication. It is also recognized that some projects, due to the constructability, material availability, and weather conditions, might necessitate adjustment to the typical closure requirements under the normal circumstances. This kind of special consideration should be requested by the contractor or construction manager during the project planning stage. A detailed closure schedule and mitigation plan should be submitted by the project staff and approved by the closure team members prior to the project start date. It should be noted that any such special consideration -4.8 349 7.10.<. 9/. 7.6;.8947?8 7.854380+01090.8 94 make sure the requested closures meet the requirements set forth in the Manual on Uniform Traffic Control Devices (MUTCD). NTTA lane closure team might suggest measures in addition to the standard closure setups considering the special characteristics of the tollway 45.7*90438 *3- ,;8942.78? .>5.,9*9043# Generally, all closures should be scheduled for the time periods with the least impact on tollway operations. Closures of any travel lane or shoulder are not allowed during the weekday peak hours (typically 6AM to 9AM, and 4PM to 7PM). Unless justified otherwise, all closures should be scheduled for weekday night-time (8PM to 5AM, Sunday through Thursday) or weekend daytime (7AM to 7PM, Saturday and Sunday). Closures during weekday daytime are generally limited to emergency situations only or locations where the resulting traffic levels of service and safety performances are deemed acceptable by the closure team, and are approved on a case by case basis. Closures should be avoided during major holidays 8;,/ *8 '.= ).*7?8 Eve and Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day and Eve. In the event of any breach of the Guidelines including commencement of an unapproved closure or continuation of a closure beyond the approved time periods, warnings will be issued to the

).+*/,+& '*0 $"#% (*-, $ nboNQWNbWM sR Page 207 of 217 s e[ k SSM SQRU requestor with immediate corrective actions expected. Any repeated breach shall constitute adequate cause for financial or legal actions by the Authority which could include assessment of a fine equal to any revenue lost, congestion cost, or liability incurred, as well as the annulment of a contract -;. 94 9/. %4397*,947?8 343 ,42510*3,. =09/ 9/. '(($ &*3. %148;7. Guidelines. The Lane Closure Management Team has final discretion in approving or rejecting all requested closures on NTTA roadways, unless otherwise directed by the NTTA executive in charge.

).+*/,+& '*0 $"#% (*-, % nboNQWNbWM sR Page 208 of 217 s e[ k SSM SQRU LANE CLOSURE REQUEST FORM

Brief Instructions: All closure requests must be submitted to Lane Closure Review Team members via email to [email protected] (or by fax if server outage) 3 business days in advance for routine maintenance and 10 business days in advance for major closures with complete information including traffic control plan. Cancellation requests must be received ASAP. Select and Delete cell to reset contents. Closure Details # Start Date: End Date: Closure Start Time: Closure End Time: Duration: Helpful Links (e.g., 9/23/2015) (e.g., 9/23/2015) (e.g., 10:00 AM) (e.g., 3:00 PM) Select Drop Down Menu NTTA LANE CLOSURE GUIDELINES 1 https://www.ntta.org/roadsprojects/Documents/Current_Released 2 /Source/All_Attachments/MAN-06-A6.pdf 3 SCHEDULED LANE CLOSURES 4 https://www.ntta.org/newsresources/Pages/Scheduled-Lane- 5 Closures.aspx 6 TRAFFIC ADVISORIES 7 https://www.ntta.org/newsresources/Pages/Traffic- 8 Advisories.aspx 9 QUESTIONS? 10 mailto:[email protected] # Closure Facility: Direction: Start Location: Station: End Location: Station: Lanes Closed: Lanes Open: (Drop Down Menu: (Drop Down Menu: (Select From (Select From (Drop Down Menu: (Drop Down Menu: (Station Marker) (Station Marker) DNT, SRT, PGBT, CTP) NB, SB, EB, WB) Drop Down Menu) Drop Down Menu) 1 RL, 1LL, RAMP) 3RL, 3LL, RAMP)

10 # Project/Dept: Type of Work: Closure Reason: Rolling Closure: Traf. Cont. Plan: Message Board: General Note: (Select From (Select From (Select From (Drop Down Menu: Y/N) (Drop Down Menu: Y/N) (Drop Down Menu: Y/N) (Additional Comment) Drop Down Menu) Drop Down Menu) Drop Down Menu) 1 2 3 4 5 6 7 8 9 10

Requestor Information Dept./Contractor: Contact Person: Office Phone: Cell Phone; Email:

(Company Name) Const. Manager; Coordinator: Office Phone: Cell Phone; Email: Submitted Date: 7/7/2016 8:19 AM (Company Name)

Administrative Uses Only NTTA Lane Closure Review Team: Office Phone: Yang Ouyang Traffic Operations Engineer 214-224-2256 [email protected] Abdul Quddus Project Engineer 214-224-2165 [email protected] James See Assistant Traffic Engineer 469-276-4331 [email protected]

Approval Status Note: Reviewed by: Approved by: New Executive Approval: Approval Notice Sent: Modified by: version 22.0 - 2016/06/30

Page 209 of 217 CONTRACT NO. 04344-CTP-00-CN-MA 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 “the Authority” 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 the Authority, 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 the North Texas Tollway Authority, 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, 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

2004 Specifications 1 of 2 Revised: Sep-10

Page 210 of 217 PAYMENT BOND 04344-CTP-00-CN-MA (Continue) 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.

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.

2004 Specifications 2 of 2 Revised: Sep-10

Page 211 of 217 CONTRACT NO. 04344-CTP-00-CN-MA BOND NO.

IN THE STATE OF § TEXAS § § § COUNTY OF § COLLIN §

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

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 the Authority, 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.

2004 Specifications 1 of 2 Revised: Jan-09

Page 212 of 217 PERFORMANCE BOND 04344-CTP-00-CN-MA (Continue)

AND, 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.

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.

2004 Specifications 2 of 2 Revised: Jan-09

Page 213 of 217 04344-CTP-00-CN-MA

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 the “Authority,” and

,a , whose address is , hereinafter referred to as the “Contractor”.

WHEREAS, the Authority desires to enter into a contract for the Project construction as shown and described in the plans, the Texas 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 Texas 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 Texas 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.

The work to be constructed under this contract shall be completed in full no later than 6 years from the commencement of the time charges.

The Authority, 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.

2004 Specifications Revised: May 2016 1 of 4

Page 214 of 217 CONTRACT 04344-CTP-00-CN-MA (Continued)

The Contractor expressly warrants that (a) to the best of Contractor's knowledge, no member, employee, or agent of the Authority 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 the Authority 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 the Authority 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 the Authority and the Contractor. This contract (including the Plans, the General Notes and Specification Data, the Texas 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 the Authority, the Contractor, and their respective heirs, executors, administrators, successors, and permitted assigns, including without limitation any successor agency to the Authority.

Standard Provisions:

2004 Specifications Revised: May 2016 2 of 4

Page 215 of 217 CONTRACT 04344-CTP-00-CN-MA (Continued)

Governing Law; Venue. This contract shall be governed and construed in accordance with the laws of the State of Texas. The parties hereto acknowledge that venue is proper in Collin County, Texas, for all disputes arising hereunder and waive the right to sue or be sued elsewhere.

Counterparts. This contract may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

Severability. If any provision of this contract shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of said provision and of this contract shall not be affected thereby, and each provision of this contract shall be valid and shall be enforced to the fullest extent provided by law, unless such provision or the application of such provision is, in the sole determination of the Authority, essential to its rights hereunder, in which event the Authority may terminate this contract in accordance with the optional termination provisions herein.

Non-Discrimination Policy. The Authority is an equal opportunity employer. In conducting business with or on behalf of the Authority, the Contractor shall not discriminate against any person because of race, age, color, religion, sex, sexual orientation, gender identity, disability, veteran status, ancestry, national origin or place of birth.

Captions Not A Part Hereof. The captions and headings of the several sections, paragraphs, and divisions of this contract and any documents incorporated herein are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of this Agreement or the scope or content of any of its sections, paragraphs, divisions, or other provisions.

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IN WITNESS WHEREOF, the parties have caused this Agreement to become effective as of the date first set forth above.

THE AUTHORITY:

ATTEST: North Texas Tollway Authority,

a regional tollway authority and a political subdivision of the State of Texas

By:

Secretary Executive Director

Gerald Carrigan

ATTEST: THE CONTRACTOR:

By:

Secretary

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