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REQUEST FOR QUOTATIONS

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					                         INVITATION FOR BIDS FOR
              MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES
                             (FISCAL YEAR 2011)

IFB No.: 2010-FC-18                                 Issue Date: February 22, 2011

Sealed bids will be received at the offices of the Regional Transportation Authority,
hereinafter called the "RTA", at 5658 Bear Lane, Corpus Christi, Texas 78405, until
4:00 PM, Monday, March 7, 2011 for the Miscellaneous Concrete Construction
Services Project (Fiscal Year 2011).      Bid prices shall be good for one hundred twenty
(120) calendar days from the due date. It is the responsibility of the Bidder to ensure that
the bid is delivered prior to the deadline. Bids received after the deadline will not be
accepted and will be returned to the Bidder unopened.

Bidders are encouraged to attend a pre-bid meeting scheduled for 2:00 PM,
Wednesday, March 02, 2011 at the RTA Offices located at 5658 Bear Lane, Corpus
Christi, Texas. The purpose of this meeting is to provide an overview of the requirements
of the project and to answer any questions bidders may have concerning this procurement.
Although attendance is not mandatory, it is highly recommended.

The bids will be publicly opened and read aloud at the RTA Offices, 5658 Bear Lane,
Corpus Christi, Texas immediately following the deadline. All interested parties are invited
to attend.

Copies of this Invitation for Bid (IFB) may be obtained from RTA’s Contracts Department at
5658 Bear Lane, Corpus Christi. Further information may be obtained from Elsa Martinez,
Contracts Assistant or Twila Mouttet, Contracts & Grants Manager, at (361) 289-2712 or
from the RTA Website http://ccrta.org/rta-business/.

BIDDERS are advised that the RTA has a Disadvantaged Business Enterprise Program
(DBE). The RTA's overall goal is 22% DBE participation. For additional information, please
contact Lamont Taylor at (361) 289-2712.

Bidders should note that this procurement is subject to a financial assistance contract
between the RTA and the Federal Transit Administration of the United States Department of
Transportation (DOT) for 80% of the Contract amount. The successful Bidder is required to
comply with, in addition to other provisions of the Invitation for Bids, the conditions required
by applicable federal regulations, including the following:

       Equal Employment Opportunity: CONTRACTOR will be required to comply with
       applicable Equal Employment Opportunity laws and regulations;

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       Title VI Assurance: CONTRACTORS and subcontractors will be required to comply
       with all requirements imposed by Title VI of the Civil Rights Act of 1964 (49 U.S.C.
       S2000d), the Regulations of DOT issued thereunder (49 C.F.R. Part 21), and the
       Assurances by the RTA pursuant thereto;

       Ineligible Firms: All Bidders will be required to certify they are not on the Comptroller
       General's List of Ineligible Contractors; and

       Disadvantaged Business Enterprise: The RTA hereby notifies all Bidders that it will
       affirmatively ensure that the contract entered into pursuant to this advertisement will
       be awarded to the most responsive and responsible bidder without discrimination on
       the grounds of race, color, religion, national origin, handicap, age, or sex; and
       further, it will affirmatively ensure that in any contract entered into pursuant to this
       advertisement, disadvantaged businesses will be afforded full opportunity to submit
       statements in response to this request and will not be discriminated against on the
       grounds of race, color, religion, national origin, handicap, age, or sex in
       consideration for an award.

For additional information regarding these federal requirements, please contact Lamont
Taylor at (361) 289-2712.

The following bid documents are applicable under this procurement:

      Invitation for Bids,
      Instructions to Bidders,
      General Instructions,
      Technical Specifications,
      Standard Terms and Conditions,
      Special Conditions,
      Federal Supplemental Conditions (Construction Contracts),
      Wage Rates,
      Special Provisions Concerning Disadvantaged Business Enterprises (DBEs),
      Construction Drawing (Exhibit A),
      Price Schedule (Appendix A),
      Certification Form (Appendix B),
      Certification & Statement of Qualifications ( Appendix C),
      DBE Participation Form (Appendix D),
      Buy America Certification (Appendix E), and
      Disclosure of Interests Statement (Appendix F),

The RTA shall select the bid that in the RTA’s opinion and constitutes the most
advantageous quote to the RTA, price and other factors being considered. Bids will be
evaluated based on the Evaluation Factors described in paragraph 10 of the Instruction to
Bidders.

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                                  IFB NO. 2010-FC-18
                                     Page 2 of 129
All Bidders must submit a Price Schedule, the DBE Participation Form, and the Buy
America Certification Form, the Disclosure of Interests Statement, and Bid Bond (or
Cashiers Check 5%). Failure to provide this information may deem your bid to be
non-responsive.

The Bidder, which submits the apparent low bid, may be required to supply a list of pertinent
references within two (2) working days of being notified by the RTA that it was the apparent
low Bidder.




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                            INSTRUCTIONS TO BIDDERS

1.   GENERAL.

     The following instructions by the RTA are intended to afford bidders an equal
     opportunity to participate in the RTA’s contracts.

2.   EXPLANATIONS AND COMMUNICATIONS.

     2.1    Any explanation desired by a bidder regarding the meaning or interpretation
     of these Instructions or any other bid documents must be requested in writing to the
     RTA's Contracts Department with sufficient time allowed for a reply to reach bidders
     before the submission of their bids.

     2.2    Oral explanations or instructions will not be binding. Any information given to
     a prospective bidder concerning an invitation will be furnished to all prospective
     bidders as an amendment to the invitation if such information is necessary to bidders
     in submitting bids on the invitation or if the lack of such information would be
     prejudicial to uninformed bidders.

     2.3    All communications regarding this solicitation need to be made directly to the
     Contracts Department. - written, faxed (361-289-3060), or e-mailed to Twila Mouttet,
     Contract & Grants Manager, (tmouttet@ccrta.org) - Any violation may be grounds for
     disqualification.

3.   SPECIFICATIONS.

     3.1. Bidders are expected to examine the specifications, any drawings, standard
     provisions and all instructions. Failure to do so will be at the bidder’s risk. Bids
     which are submitted on other than authorized forms or with different terms or
     provisions may not be considered as responsive bids.

     3.2. The apparent silence of the specifications as to any detail, or the apparent
     omission from it of a detailed description concerning any point, shall be regarded as
     meaning that only the best commercial practice is to prevail and that only material
     and workmanship of the finest quality are to be used. All interpretations of the
     specifications shall be made on the basis of this statement.


4.   INFORMATION REQUIRED.

     4.1. Each bidder shall furnish the information required by the bid documents. The
     bidder shall sign the Price Schedule and, when appropriate, the specifications, which
     documents shall collectively constitute the bidder’s offer. Erasures or other changes
     must be initialed by the person signing the documents. Bids signed by an agent are


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     to be accompanied by evidence of his authority unless such evidence has been
     previously furnished to the RTA.

     4.2. The bidder should quote its lowest and best price. If delivery and shipping
     quantities affect a unit bid price, multiple bids may be made so as to indicate “price
     break” quantities in order for the RTA to determine maximum economic benefits.
     Pricing should include packaging and transportation unless otherwise specified. All
     prices shall be entered on the Price Schedule in ink or be typewritten. Totals shall
     be entered in the “Total Price” column of the Price Schedule, and in case of
     discrepancy between the unit price and the extended total price, the unit price will be
     presumed to be correct.

     4.3. Bids must be firm. If the bidder believes it necessary to include in its price a
     price adjustment, however, such a bid may be considered but only as an alternate
     bid.

     4.4. Bids on items should be quoted F.O.B. destination. If the quoted price does
     not include transportation charges, such charges must be itemized separately;
     provided, however, that the RTA shall have the right to designate what method of
     transportation shall be used to ship the goods.

     4.5. The RTA does not have to pay federal excise taxes or state and local sales
     and use taxes, except for contracts for improvements to real property.

     4.6. Time of delivery is part of the bid and very important. The required delivery
     date indicated is at point of destination, and if stated as a number of days, will
     include Saturdays, Sundays, and holidays. If the indicated date cannot be met or a
     date is not indicated in the specifications, the bidder shall state its best delivery time.

5.   SUBMISSION OF BIDS.

     Sealed Bids should be submitted in an envelope marked on the outside containing
     the bidder’s name and address and bid description addressed to:

            Regional Transportation Authority
            Attn: Contracts Department
            5658 Bear Lane
            Corpus Christi, TX 78405
            Bid For: Misc. Concrete Construction Services
            (Fiscal 2011) IFB 2010-FC-18
            Bid Due Date: Monday, March 7, 2011 @ 4:00 PM

     Bids must be submitted in sufficient time to be received and time-stamped at the
     above location on or before the published bid date and time shown on the Bid
     Invitation. Bids received after the published time and date cannot be considered.
     Any bids which are mislabeled or do not indicate the bidder’s name or address as

          MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                IFB NO. 2010-FC-18
                                   Page 5 of 129
      required above may be opened by the RTA solely for the purpose of identifying the
      bidder for return of the bid.

7.    MODIFICATION OR WITHDRAWAL OF BIDS.

      Bids may be modified or withdrawn by written or telegraphic notice received by the
      RTA prior to the exact hour and date specified for receipt of bids. A bid may also be
      withdrawn in person by a bidder or an authorized representative prior to the bid
      deadline, provided the bidder’s identity is made known and he or she signs a receipt
      for the bid.

8.    OPENING BIDS.

      All bids shall be opened by the RTA as soon after the bid deadline as is reasonably
      practicable. Any bids which were received prior to the deadline but were not opened
      with the other bids due to inadvertence by the RTA shall be opened at a time
      designated by the RTA and announced to all bidders present at the bid opening who
      provided their names and phone numbers on the attendance list. Trade secrets and
      confidential information contained in bids shall not be open for public inspection if
      identified in writing at the time the bid is submitted.

9.    REFERENCES.

      The RTA may require that bidders supply a list of pertinent references within three
      working days of the RTA’s request.

10.   EVALUATION FACTORS.

      10.1 RTA will award contracts based upon the lowest responsible bid, price and
      other factors considered. Contracts may be awarded on a lump sum basis or on a
      unit price basis, provided that in the event a contract specifies a unit price basis, the
      compensation paid by the RTA shall be based upon the actual quantities supplied.

      10.2. In determining the “lowest responsible” bid, the RTA may consider, in addition
      to price, other factors such as compliance with the bid documents, delivery
      requirements, costs of maintenance and operations, training requirements,
      warranties, availability of repairs or other services, the financial or other
      qualifications and abilities of the bidder, past performance of the bidder, other factors
      contributing to the overall costs, both direct and indirect, related to an item, and
      compliance with the RTA’s Affirmative Action policies and goals. A record of poor
      performance or nonperformance on prior work may disqualify a bidder.

      10.3. For contracts not involving federal funds, in the event a bid is submitted by a
      “Nonresident Bidder” as defined under Chapter 2252 of the Texas Government
      Code, additional evaluation factors may apply if in the home state of the nonresident
      bidder a preference exists in favor of local bidders. The nonresident bidder will be

           MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
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                                    Page 6 of 129
      required to underbid any Texas bidder for this contract by the same amount that a
      Texas bidder would need to underbid the nonresident bidder in order to be awarded
      a contract in the nonresident bidder’s home state. Bidders may contact the RTA or
      the Texas General Services Commission for information concerning particular state
      requirements.

11.   RESERVATION 0F RIGHTS.

      The RTA expressly reserves the right to:

      11.1. Reject or cancel any or all bids;

      11.2. Waive any defect, irregularity or informality in any bid or bidding procedure;
      11.3. Waive as an informality, minor deviations from specifications at a lower price
      than other bids meeting all aspects of the specifications if it is determined that total
      cost is lower and the overall function is improved or not impaired;

      11.4. Extend the bid opening time and date;

      11.5. Reissue a bid invitation;

      11.6. Consider and accept an alternate bid as provided herein when most
      advantageous to the RTA; and

      11.7. Procure any item or services by other means.

12.   ACCEPTANCE.

      Acceptance of a bidder’s offer in some instances will be in the form of purchase
      orders issued by the RTA. Otherwise, acceptance of a bidder’s offer will be by
      acceptance letters issued by the RTA. Subsequent purchase orders and release
      orders may be issued as appropriate. Unless the bidder specifies otherwise in the
      bid, the RTA may award the contract for any item or group of items shown on the Bid
      Invitation.

13.   BID PROTESTS.

      In the event that a bidder desires to protest any bidding procedure, the bidder should
      present such protest, in writing, to the RTA General Manager within three (3)
      business days following the bid date. The protest shall state the name and address
      of the protestor, refer to the project number and description of the solicitation, and
      contain a statement of the grounds for protest and any supporting documentation.
      For federally-assisted contracts, certain additional bid protest procedures apply and
      may be found in the Supplemental Conditions contained within the bid documents.

14.   EQUAL OPPORTUNITY.

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                                 IFB NO. 2010-FC-18
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      Bidders are expected to comply with the Affirmative Action Programs of the RTA with
      respect to its provisions concerning contractors. The RTA expressly reserves the
      right to consider such compliance in determining the lowest responsible bidder.
15.   SINGLE BID.

      In the event a single bid is received, the RTA will, at its option, either conduct a price
      comparison of the bid and make the award or reject the bid and re-advertise. A price
      analysis is the process of examining the bid and evaluating a prospective price
      without evaluating the separate cost elements. Price analysis shall be performed by
      comparison of the price quotations, with published price lists, or other established or
      competitive prices. The comparison shall be made to a purchase of similar quantity
      and involving similar specifications.

16.   SALES TAX EXEMPTION FOR CONSTRUCTION PROJECTS.

      Contracts for improvements to real property awarded by the RTA qualify for
      exemptions of Sales, Excise, and Use Taxes under the Texas Tax Code for
      construction projects with political subdivisions of the State of Texas.

17.   PREVAILING WAGE RATES FOR CONSTRUCTION PROJECTS.

      17.1. Contracts for improvements to real property awarded by the RTA are “public
      works” projects as defined under Chapter 2258, Texas Government Code, as
      amended. The RTA has ascertained the general prevailing rate of wages in the
      locality for each craft or type or worker or mechanic needed to execute the work
      under the contract documents, and the prevailing wage rates are attached to these
      contract documents (if this is a construction contract).

      17.2. It shall be mandatory upon the Contractor and any subcontractor on the
      project to pay not less than the specified rates to all laborers, workers, and
      mechanics employed by them in the execution of the work under the contract
      documents. Contractor shall forfeit as a penalty to the RTA the sum of $60.00 for
      each laborer, worker or mechanic employed for each calendar day, or portion
      thereof, such person is paid less than the stated prevailing wage rates for any work
      done under the contract documents by the Contractor or any subcontractor.

      17.3. The wage rates schedule shall be posted at the work site in an accessible
      place where it can be seen easily by the workers.

      17.4. One and one-half times the specified hourly wage shall be paid for all hours
      worked as overtime or legal holiday work.




           MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
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                               GENERAL INSTRUCTIONS

1.   DESCRIPTION OF PROJECT

     1.1. The RTA is seeking bids from qualified bidders or individuals interested in a
     contract to provide Miscellaneous Concrete Construction services for a period of one
     year as shown on the attached drawing of this Invitation for Bids. Bidders shall
     quote their best price. An award, if any, shall be made to the lowest, most
     responsive and responsible Bidder.

     1.2. Bids will only be accepted from established concrete contractors with
     experience in this type of work. CONTRACTOR will provide all necessary labor,
     materials, equipment, and supervision as required.

     1.3. These specifications are written to explain what to do not how to do it. It is
     assumed and will be required that all workmanship shall be “first class” and in
     compliance with the current approved standards for the particular phase of the work
     as prescribed by the manufacturer. No careless or slovenly work of any form will be
     accepted.

2.   PROJECT MANAGER: Whenever the word “Project Manager” is used in this
     Contract it is understood as referring to the RTA’s authorized representative.

3.   TIME OF COMPLETION AND FAILURE TO COMPLETE IN TIME: The term of the
     contact will be One Year. The RTA will package a varying number of sites to be
     constructed within this period, and will issue a work order to the Contractor allowing
     them to begin on each individual project. Within this work order the contract time will
     be established; discussed and agreed upon by both the Contractor and Engineer.
     Liquidated damages will be charged for work that exceeds the time frame on each work
     order separately.

     3.1. The working time for the completion on each project shall be as described
     above. The Contractor agrees that he/she will commence work within three (3)
     working days after receiving a work order from the RTA and discussing an appropriate
     contract time with the Engineer. The whole work will be performed and the premises
     cleaned up in accordance with the Contract Documents on or before the provided time
     for the completion of this project.

     3.2.    For each working day that any work remains uncompleted after the time
             specified in the Contract for completion of the work, or after such time period as
             extended pursuant to other provisions of the Contract, a sum of One Hundred
             Fifty and no/100 Dollars ($150.00) per day will be assessed against the
             Contractor as reasonable liquidated damages. Said liquidated damages are not
             imposed as penalty but as an estimate of the damages that the RTA will sustain
             from delay in completion of the work, which damages by their nature are not


            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
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            capable of precise proof. The RTA may withhold the amount of liquidated
            damages from monies otherwise due to the Contractor.


4.   CONDITIONS OF WORK

     4.1. Each Bidder must inform himself/herself fully of the conditions relating to the
     construction of the project and the employment of labor thereon. Failure to do so will
     not relieve a successful Bidder of his/her obligation to furnish all material and labor
     necessary to carry out the provisions of this contract. Insofar as possible, the
     Contractor, in carrying out his/her work, must employ such methods or means as will
     not cause any interruption of or interference with the work of any other contractor.

5.   SPECIFICATIONS: Titles to divisions and paragraphs in these Contract Documents
     are introduced merely for convenience and are not to be taken as a part of the
     specifications and are, furthermore, not to be taken as a correct or complete
     segregation of the several units of material and labor. The RTA for omissions or
     duplications assumes no responsibility, either direct or implied, by the
     CONTRACTOR or his subcontractor, due to real or alleged error in arrangement of
     matter in these Contract Documents.

6.   GUARANTY: Neither the final payment nor any provision in the Contract
     documents, no partial or entire occupancy of the premises by the RTA shall
     constitute an acceptance of work not done in accordance with the Contract
     documents or relieve the CONTRACTOR of liability in respect to any express
     warranties or responsibility for faulty materials or workmanship. CONTRACTOR
     shall remedy any defects in materials or workmanship, which shall appear within a
     period of one (1) year from the date of final acceptance of work unless a longer
     period is specified. The RTA will give notice of observed defects with reasonable
     promptness. The Contractor shall have his Performance Bond, if required, so written
     that the one (1) year period is covered by the Performance Bond.

7.   ACCIDENT PREVENTION

     7.1. CONTRACTOR shall comply with all of the RTA’s safety regulations and shall
     observe the requirements of the Occupational Safety and Health Act. The
     CONTRACTOR shall comply with all procedures prescribed by the RTA for control
     and safety of persons visiting the job site. It is the CONTRACTOR’s responsibility to
     take whatever steps necessary to assure the safety of individuals working on or
     visiting the site.

     7.2. The RTA calls the CONTRACTOR’s attention to the necessity for his/her
     proper storage, use, and disposal of all materials; proper use and storage of tools
     and devices; and proper control of construction procedures to assure the health and
     safety of workmen and of others having access to the job site. It is the
     CONTRACTOR’s responsibility to obtain from the manufacturers and sellers or

          MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                IFB NO. 2010-FC-18
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      distributors of materials, tools, and devices all requirements for proper and safe
      usage, storage and disposal, and to follow these requirements and
      recommendations carefully. Particular attention is called to the use of paints,
      thinners, solvents, caulking or patching materials, chemical grouts, and surface
      treatment materials.

      For first aid instructions contact a physician or the Poison Control Center: Corpus
      Christi (Memorial Medical Center), 361-881-4559.

8.    SUPERINTENDENCE BY CONTRACTOR

      8.1. At all times during performance and until the work is completed and accepted,
      the CONTRACTOR shall directly superintend the work of this Contract or assign and
      have on the work site a competent superintendent who is satisfactory to the Project
      Manager and has authority to act for the CONTRACTOR.

      8.2. CONTRACTOR shall watch over the concrete until the concrete has cured
      enough so that no graffiti or damage can occur to the surface of the concrete.
      Project Manager shall not accept any concrete, which has been damaged due to
      CONTRACTOR’s lack of protection to the concrete while it is curing.

9.    LITIGATION RESPONSIBILITIES: The RTA will give the CONTRACTOR prompt
      notice in writing of the institution of any suit of proceeding and permit the
      CONTRACTOR to defend same, and will give all needed information to do so.
      CONTRATOR shall similarly give the RTA immediate notice of any suit or action filed
      or prompt notice of any claim arising out of performance of the Contract.
      CONTRACTOR shall furnish immediately to the RTA copies of all pertinent papers
      received by the CONTRACTOR.

10.   INSURANCE REQUIREMENTS: CONTRACTOR shall maintain at all times during
      the term of this Contract at its sole cost and expense each of the following insurance
      coverage listed below having policy limits not less than the dollar amounts set forth:

      Comprehensive general liability insurance, see Standard Service Terms and
      Conditions (SSTC-2, Section 5).

11.   INDEMNIFICATION: CONTRACTOR shall indemnify and hold harmless the RTA,
      its officer, employees, agents, attorneys, representatives, successors and assigns
      from any and all claims, demands, costs, expenses, liabilities and losses of
      whatsoever kind or character arising out of CONTRACTOR or its officers, employees
      or agents, during the term of the Contract. CONTRACTOR shall assume on behalf
      of the RTA and the indemnified parties described above, and conduct with due
      diligence and in good faith, the defense of any and all such claims, whether or not
      the RTA is joined therein, even if such claims be groundless, false, or fraudulent.



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12.      TERMINATION: The RTA shall have the right to terminate for default all or any part
         of its contract if CONTRACTOR breaches any of the terms hereof or if the
         CONTRACTOR becomes insolvent or files any petition in bankruptcy. Such right of
         termination is in addition to and not in lieu of any other remedies which the RTA may
         have in law or equity, specifically including, but not limited to, the right to sue for
         damages or demand specific performance. The RTA additionally has the right to
         terminate the Contract without cause by delivery to the Contractor of a Notice of
         Termination: specifying the extent to which performance hereunder is terminated
         and the date upon which such termination becomes effective.

13.      ABSENCE OF LIEN: Under the laws of Texas, neither the CONTRACTOR nor any
         subcontractor, mechanic, material man, or laborer is entitled to acquire or attempt to
         acquire or contract for any lien upon the improvements covered by the Contract or
         the land upon which they are situated.

14.       RTA’S DBE PROGRAM: CONTRACTOR shall be required to comply with the
          RTA's Disadvantaged Business Enterprise Program. The RTA goal for DBE
          participation is 22%. The successful Firm is required to complete a DBE
          Participation Form and return it with the Price Schedule. If Firm is unable to
          provide any DBE participation, the form must still be completed using “N/A” in the
      proper space. Please refer to the "Special Provisions Concerning DBEs” contained in
      this IFB for more information.




              MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                    IFB NO. 2010-FC-18
                                       Page 12 of 129
        TECHNICAL SPECIFICATIONS




MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                      IFB NO. 2010-FC-18
                         Page 13 of 129
                                   SECTION 02110
                       SITE CLEARING, GRUBBING AND STRIPPING

1.     DESCRIPTION:           This Section shall govern all work necessary for clearing,
grubbing, and stripping of objectionable matter required to complete the Project.

Site clearing, grubbing and stripping shall include removing and disposing of trees, stumps,
brush, roots, vegetation, logs, rubbish, humus, rubble, and other objectionable matter from the
Project site.

2.     CONSTRUCTION METHODS:                The site shall be cleared of all trees, stumps,
brush, roots, vegetation, logs, rubbish, humus and other objectionable matter.

Areas which underlie proposed roadways, embankments and structures shall be cleared and
stripped of all trees, brush, roots, vegetation, logs, rubbish, humus and other objectionable
matter encountered within the top six inches (6") of the soil. Tree stumps and roots shall be
grubbed to a minimum depth of two feet (2') below natural ground or the proposed finish
grade, which ever is greater.

All holes created by these operations, except those to be immediately excavated, shall be
backfilled and tamped. Upon completion of site clearing, grubbing and stripping the site shall
be bladed to drain and prevent the ponding of water.

All material cleared, grubbed and stripped from site under this operation shall become the
Contractor's responsibility. The material shall be disposed of either at a disposal site indicated
on the drawings or, if no site shown, at a site obtained by the Contractor and approved by the
Engineer.

3.       MEASUREMENT: Unless specified otherwise in the Special Provisions or provided
for in the Proposal, site clearing, grubbing and stripping shall be measured by the acre. The
item shall include, but not be limited to, the removing and disposing of objectionable matter
from the site as indicated above.

4.     PAYMENT: The work performed in conformance with this Section shall be
considered subsidiary to the Project.



                               ******** END OF SECTION ********




            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                  IFB NO. 2010-FC-18
                                     Page 14 of 129
                                 SECTION 02221
                    EXCAVATION AND BACKFILL FOR STRUCTURES


1.       DESCRIPTION:          This Section shall control all work required for excavation and
backfilling for structures. The work shall include necessary pumping, bailing drainage,
sheathing and finish grading adjacent to the structure. The work shall also include, unless
otherwise indicated, the disposal of excess excavated material as well as the removal and
disposal of existing structures encountered in the excavation.

2.      MATERIALS: Suitable material removed from the excavation shall be used for the
backfill of structures, unless otherwise indicated by the Plans and/or Special Conditions.
Suitable material shall be free of clods, muck, lumber, organic material, trash and other
extraneous material.

Select material, when required, shall be free of clods, organic and foreign material, and shall
have a Plasticity Index (PI) of between 7 and 17 and a Liquid Limit (LL) of less than 40.

Cement stabilized material, when required, shall consist of "clean concrete sand" mixed with a
minimum of two (2) sacks of Portland Cement per cubic yard.

3.      CONSTRUCTION METHODS:                The excavation shall conform to the lines and
grades shown on the Plans. Topsoil, the top 6" on the site, shall be excavated and stockpiled
separately. Stockpiles of materials shall be placed in such a manner that they will not
endanger the integrity of the trench by direct pressure of overloading the bank and in a manner
that is not detrimental to completion of the work. The bottom of the excavation shall be firm,
stable, undisturbed soil of uniform density. Disturbed or loose soil shall be removed or
recompacted in place. When unsuitable material is encountered, it shall be removed to a
maximum depth of two (2') feet, unless otherwise shown on the plans and replaced with
suitable material, laid in uniform layers and compacted by rolling or tamping to provide a
suitable foundation for the structure.

The Contractor shall provide pumping, bailing or other method of dewatering, including
cofferdams, as required to complete and maintain the excavation to the required grades.
When cofferdams are required, they shall conform to the requirements of the 1982 Texas
State Department of Highways and Public Transportation Standard Specification, Item 400,
"Structural Excavation", paragraph 400.3 Cofferdams.

All excavations shall be accomplished meeting all requirements of OSHA Safety and Health
Standards, Part 1926, Subpart P.

The Contractor shall contact all known utility companies with facilities within the site whose
installations may be affected. All known utilities shall be located and exposed by the
Contractor prior to commencing the excavation. The Contractor shall safeguard, protect from
damage and support, if necessary, existing utilities uncovered or encountered during the work.
Should existing utilities conflict with the actual structure, the Engineer, upon adequate notice,

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shall direct the Contractor to relocate the structure or arrange by Change Order to adjust the
utility.

Backfill of the structure shall be accomplished by placing suitable material in 8 inch maximum
horizontal uniform loose lifts. Material shall be moisture conditioned and mechanically
compacted by rolling or tamping to 95% standard proctor density at plus or minus 3% of the
optimum moisture content.

In lieu of mechanical compaction, backfill to with 3 feet of the finish grade can be compacted
by water consolidation (jetting) when approved by the Engineer and materials are suitable.
When used, backfill shall be placed in 3 foot maximum loose lifts and consolidated by jetting.
Flooding is not allowed. The top 3 feet of backfill shall be mechanically compacted as
described above. Topsoil excavated from the site shall be placed in the final lift unless located
in an area to receive pavement, additional embankment or structure.

Excess and unsuitable material from the excavation shall be disposed of by the Contractor.
Upon completion, the site shall be uniformly graded to drain or to the grades provided in the
Plans.

4.     MEASUREMENT: Excavation and backfill for structures will not be measured
separately unless otherwise stated in the Special Conditions and/or the Proposal.

5.      PAYMENT: No separate payment shall be made for excavation and backfill for
structures. All labor, equipment and materials required shall be considered subsidiary to
structure for which the excavation is required.

                                   *** END OF SECTION ***




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                                     SECTION 02511

                     HOT MIX ASPHALTIC CONCRETE PAVEMENT


1. GENERAL DESCRIPTION:           Hot Mix Asphaltic Concrete Pavement shall be
produced, transported, and applied in accordance with the 1993 "Standard Specifications
for Construction of Highways, Streets and Bridges" of the Texas Department of
Transportation; Item 340, paragraphs 340.1 and 340.6 inclusive.

2. SPECIFIC REQUIREMENTS:

      2.1    Prime Coat: Tack coat shall be MC-30 and shall be installed in accordance
      with the manufacturer's written instructions at a rate recommended by the
      manufacturer.

      2.2    Aggregate:    Shall be a crushed limestone.

      2.3    Asphaltic Material: Shall be of such grade and from such source known to
      produce asphaltic concrete meeting these specifications. Grade and source are
      subject to the approval of the Engineer.

      2.4   Paving Mixture:    Grading of Mineral Aggregate: Shall be Type "B" (Fine
      Graded Base or Leveling-up Course). Shall be Type "D" (Fine Graded Surface
      Course).

      2.5   Thickness: Minimum thickness Type "D" shall be 4" after compaction. The
      pavement shall be placed in two lifts, 2" thick each, and rolled before placing the
      second lift.

      2.6    Density and Stability

             2.6.1 Stability:     Not less than 35 test method TxDOT Bulletin C-14;

             2.6.2 Density:   Optimum 95, Minimum 93, Maximum 96, all percent; test
             method ASTM D 2041-71.

      2.7     Rolling and Compacting: Shall be adequate to produce the minimum density
      specified, and shall comply with the requirements of Item 210.1 - 210.3 and Item 213.1
      - 213.3 of the Texas Department of Transportation Specifications previously
      referenced.

2.8   BASE MATERIAL: The base material shall be 12” thick flex base (Type A, Gr. 1),
complying with specifications Section 02526.



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2.9    JOINTS TO EXISTING PAVEMENT:               The pavement shall smoothly connect to
concrete drives or other existing pavements.

MAINTENANCE DURING CONSTRUCTION:                 The Contractor shall be required to
maintain at his own expense the existing roadway in good condition satisfactory to the
Engineer from the time he first starts work until all work shall have been completed.
Maintenance shall include immediate repairs of any defect that may occur in the existing
pavement, which work shall be done by the Contractor at his own expense and repeated as
often as may be necessary to keep the area continuously intact. Repairs are to be made in a
manner to insure restoration of a uniform surface and durability of the part repaired. Faulty
work shall be replaced.

3.0   MEASUREMENT AND PAYMENT: Payment shall be in accordance with the Price
Schedule.


                                 *** END OF SECTION ***




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                                       SECTION 02526

                                       FLEXIBLE BASE

1.      DESCRIPTION:        This section shall govern all materials and work required to
furnish and place Flexible Base in conformance with the line grade and cross section shown
on the Plans or otherwise specified by the Engineer.

2.      MATERIAL: Flexible base shall be a crushed Limestone Base. The material source
shall be approved by the Engineer, unless otherwise specified or allowed by the Engineer.

Crushed limestone base, shall meet the requirements of Texas Department of Transportation
2004 Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges, Item 247 for Flexible Base Type A, Grade 1.

The Engineer may accept recent tests as proof of compliance with the above material
specifications. The Owner, at their discretion, may engage an independent testing laboratory
to verify conformance to the requirements of this Specification.

3.     CONSTRUCTION METHODS:                 All subgrade work, including stabilization, rolling,
compaction, and fine grading, shall be completed and accepted prior to placing of base
materials. The surface of the subgrade shall be finished true to line and grade as established
and in conformity with the typical section shown on the plans.

Base material shall be delivered in approved vehicles and spread the same day if possible (no
later than the next day).
Piles and windrows shall be broken down to the bottom and all nests of coarse or loose
material shall be corrected.

Material shall be spread and shaped to the line grade and typical cross section shown on the
Plans. When the total depth of base required is greater than eight inches (8"), it shall be
constructed in multiple lifts of equivalent thickness. Completed lifts shall not exceed eight
inches (8").

When the Plans require that base be lime stabilized, the material shall be treated and process
in conformance with the specification. Lime stabilized base shall be shaped and rolled after
mixing and allowed to cure at least forty-eight (48) hours before compaction. Moisture content
must be maintained in the material during the forty-eight (48) hour period.

Prior to compaction, flexible base shall be scarified, aerated, moisture conditioned, bladed and
shaped to the line grade and typical section specified on the Plans. All areas of segregated
coarse of fine materials shall be corrected or removed and replaced with well graded material.

Flexible base shall be sprinkled or aerated to optimum moisture, and compacted in layers
uniform density, minimum 98% Proctor (AASHTO T-99-57, Method D) unless otherwise noted
on the Plans. Mechanical tamps shall be used in areas inaccessible to rollers.

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On completion of compaction, the surface shall be smooth and conform to lines, grades, and
sections shown on the Plans. Areas with any deviation in excess of one-fourth inch (1/4") in
cross section and in length of sixteen feet (16') measure longitudinally, shall be corrected by
loosening, adding or removing material, reshaping, and recompacting by sprinkling and rolling.
The maximum moisture shall be one hundred fifteen percent (115%) optimum and the
minimum moisture eight-five percent (85%) optimum.

Moisture and density shall be maintained until the paving is complete. Material that looses the
required stability, density or finish prior to placement of the next course, shall be reworked and
retested at the Contractor's expense.

4.       MEASUREMENT: Unless otherwise specified in the Special Provisions or provided
for in the Proposal, flexible base shall be measured by the square yard of completed surface
area for the thickness and grade specified.

5.     PAYMENT: The work performed in conformance with this Specification will not be
measured separately. Payment shall be included in the unit price bid item Pavement Repair
submitted in Price Schedule.


                               ******** END OF SECTION ********




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                                        SECTION 02530

                              CONCRETE CURB AND GUTTER


1.     DESCRIPTION:          This Specification shall govern the construction of concrete curb
and gutter or with reinforcing steel as required, constructed on an approved subgrade or
foundation material in accordance with these Specifications, in conformity with the lines and
grades established by the Engineer and details shown on the Plans.

2.     MATERIALS: Concrete shall conform to the requirements of Section 03250
"Reinforced Concrete Construction" and have a minimum twenty-eight (28) day compressive
strength of 3000 psi.

Reinforcing steel shall conform to the requirements of Section 03250 "Reinforced Concrete
Construction." Reinforcing steel shall be grade 60.

Expansion joint filler shall be as described in the plans or an approved equal.

Membrane Curing materials shall conform to the requirements of ASTM Designation C 309
"Standard Specifications for Liquid Membrane-forming Compounds for Curing Concrete."
Membrane curing materials shall be Type 2 white pigmented unless otherwise specified.

3.      CONSTRUCTION METHODS:               The subgrade or foundation shall be excavated
and shaped to line, grade and cross section, and, if considered necessary in the opinion of the
Engineer, hand tamped and sprinkled. If dry, the subgrade or foundation material shall be
sprinkled lightly immediately before concrete is deposited thereon.

Outside forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free
of warp and a depth equal to the depth of the curb and gutter. They shall be securely staked
to line and grade, and maintained in a true position during the depositing of concrete. Inside
forms for the curb shall be approved material, shall be of such design as to provide the curb
required and shall be rigidly attached to the outside forms. Where specifically permitted by the
Engineer in writing, the Contractor may place concrete curb and gutter with an extrusion
machine.

The reinforcing steel, if required, shall be placed in position as shown on the typical sections.
Care shall be exercised to keep all steel in its proper location.

Concrete for curb and gutter shall be mixed in a manner satisfactory to the Engineer. The curb
and gutter shall be poured in sections of the length indicated on the Plans, and each section
shall be separated by a premolded or board joint of cross section specified for the curb and
gutter, and of the thickness indicated on the Plans.

After the concrete has been struck off and after it has become sufficiently set, the exposed
surfaces shall be thoroughly worked with a wooden float. The exposed edges shall be

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rounded by the use of an edging tool to the radius indicated on Plans. All exposed surfaces of
curb and gutter, or curb, shall be brushed to a smooth and uniform surface.

The completed curb and gutter shall be cured with curing compound unless shown otherwise
on Plans.

The curb and gutter shall be backfilled to the full height of the concrete, tamped and sloped as
directed. If an existing curb and gutter section is to be removed, it shall be saw cut for the full
depth.

4.    MEASUREMENT & PAYMENT:                 Payment shall be in accordance with the Price
Schedule.


                                   *** END OF SECTION ***




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                                     Page 22 of 129
                                      SECTION 02531

                        CONCRETE LANDINGS AND SIDEWALKS


1.      DESCRIPTION: The work covered by this section of the specifications consists of
furnishing all plant, labor, equipment, supplies, and materials in connection with the
construction of concrete slabs and sidewalks. Concrete slabs are defined as a thick concrete
pavement having beams for support (thickness varies depending on location).

2.     MATERIALS: All materials used during construction shall be new.

       2.1. Concrete: Unless otherwise specified on the plan, all concrete shall be 3000
       psi, 28-day compressive strength, meeting the requirements outlined in Specification
       Section 03250, "Reinforced Concrete Construction".

       2.2. Reinforcing Steel: Unless otherwise specified on the plans, all reinforcing steel
       shall be grade 60 meeting the requirements outlined in Specification Section 03250, "
       Reinforced Concrete Construction".

       2.3. Joint Sealant: Flexible Plastic Paving Caps, Greenstreak “G-Seal” or
       approved equal.
3.     CONSTRUCTION METHODS

       3.1. Preparation of Subgrade: All boulders, organic material, soft clay, spongy
       material, and any other objectionable material shall be removed and replaced with
       approved material. The subgrade shall be properly shaped, and uniformly compacted
       to conform with the grades shown on the plans. A 2" layer of sand bedding shall be
       placed on the compacted subgrade prior to pouring concrete.

       3.2. Formwork: The forms for the concrete shall be of wood or metal, straight, free
       from warps or kinks and of sufficient strength to support the concrete loading. They
       shall be staked securely enough to resist the pressure of the concrete without spring.
       When ready for the concrete to be placed, they shall not vary from the approved line
       and grade and shall be kept so until the concrete has set.

       3.3. Expansion joints: Three-fourth (3/4") inch traverse expansion shall be placed
       at the locations shown on the plans. For sidewalks, the expansion joints shall be
       placed at intervals not to exceed forty (40') feet. The expansion joints shall be
       constructed with three-fourth (3/4") wood fiber asphalt impregnated expansion board
       and shall be sealed using flexible plastic paving caps as indicated in the plans or an
       approved equal. Unless otherwise noted on the plans, #4 smooth dowels, 18" long
       shall be placed at 12" center to center spacing. One end of the dowels shall have a slip
       joint. The sidewalks shall be scored to a depth of one half (1/2") inch as spacing equal
       to the width of the sidewalk.


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     3.4. Placing Concrete: All concrete shall be placed in accordance with specification
     Section 03250 "Reinforced Concrete Construction". Just prior to placing the concrete,
     the subgrade shall be moistened. The concrete shall be placed in the forms and
     thoroughly tamped in place so that all honeycombs will be eliminated and sufficient
     mortar will be brought to the surface. The surface shall have a light broom finish.

     3.5. Backfill: Upon removing the formwork, all the areas around the concrete shall
     be backfilled using the existing material. The backfill shall be graded in such a manner
     as to drain effectively at all times.

     3.6. Saw-Cutting: In some instances the existing concrete will need to be removed.
     The concrete shall be saw cut to full depth. If an expansion joint exists within two (2’)
     feet then the concrete shall be removed up to the expansion joint.

4.   METHOD OF PAYMENT: Payment shall be in accordance with the Price Schedule.




                                *** END OF SECTION ***




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                                   Page 24 of 129
                                    SECTION 02532

                          CONCRETE CURB ACCESS RAMPS


1. DESCRIPTION: The work covered by this section of the specifications consists of
furnishing all plant, labor, equipment, supplies, and materials in connection with the
construction of concrete curb access ramps.

2. MATERIALS: All materials used during construction shall be new.

      2.1. Concrete: All concrete shall be 3000 psi, 28-day compressive strength,
      meeting the requirements outlined in Specification Section 03250, "Reinforced
      Concrete Construction”.

      2.2. Reinforcing Steel: All reinforcing steel shall be grade 60 meeting the
      requirements outlined in Specification Section 03250, " Reinforced Concrete
      Construction".

      2.4. Joint Sealant: Flexible Plastic Paving Caps, Greenstreak “G-Seal” or
      approved equal.

      2.5. Detectable Warning Surface: Cast-in-place composite tiles by ADA Solutions,
      Inc. or approved equal.


3. CONSTRUCTION METHODS:

      3.1. Preparation of Subgrade: All boulders, organic material, soft clay, spongy
      material, and any other objectionable material shall be removed and replaced with
      approved material. The subgrade shall be properly shaped, and uniformly compacted
      to conform with the grades shown on the plans. A 2" layer of sand bedding shall be
      placed on the compacted subgrade prior to pouring concrete.

      3.2. Formwork: The forms for the concrete shall be of wood or metal, straight, free
      from warps or kinks and of sufficient strength to support the concrete loading. They
      shall be staked securely enough to resist the pressure of the concrete without spring.
      When ready for the concrete to be placed, they shall not vary from the approved line
      and grade and shall be kept so until the concrete has set.

      3.3. Expansion joints: Three-fourth (3/4") inch traverse expansion shall be placed at
      the locations shown on the plans. The expansion joints shall be constructed with
      three-fourth (3/4") wood fiber asphalt impregnated expansion board and shall be
      sealed using flexible paving caps described in the plans or an approved equal. Unless
      otherwise noted on the plans, #4 smooth dowels, 18" long shall be placed at 12"
      center to center spacing. One end of the dowels shall have a slip joint.

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     3.4. Placing Concrete: All concrete shall be placed in accordance with specification
     Section 03250 "Reinforced Concrete Construction". Just prior to placing the concrete,
     the subgrade shall be moistened. The concrete shall be placed in the forms and
     thoroughly tamped in place so that all honeycombs will be eliminated and sufficient
     mortar will be brought to the surface.

     3.5. Level Section Concrete Finish: Areas of level concrete constructed as part of
     the access ramps will have a light broom finish in accordance with the requirements
     outlined in Specification Section 03250, "Reinforced Concrete Construction".

     3.6. Sloping Sections for Ramps: The sloping section of the plans shall maintain a
     minimum of 1:12 slope. The pattern for the scored joints shall be as indicated on the
     plans.

     3.7. Curing: Curing of the concrete shall be in completed in accordance with the
     requirements outlined in Specification Section 03250, "Reinforced Concrete
     Construction".

     3.8. Backfill: Upon removing the formwork, all the areas around the concrete shall
     be backfilled using the existing material. The backfill shall be graded in such a
     manner as to drain effectively at all times.

     3.9. Saw-Cutting: In some instances the existing concrete will need to be
     removed. The concrete shall be saw cut to full depth. If an expansion joint exists
     within two (2’) feet then the concrete shall be removed up to the expansion joint.


4. METHOD OF PAYMENT: Measurement and payment of the construction will be in
accordance with the Price Schedule.



                               *** END OF SECTION ***




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                                  Page 26 of 129
                                      SECTION 02802

                                         SEEDING

1. DESCRIPTION

This specification shall govern all work necessary for fertilizing, planting seeds and
maintaining vegetation required to complete the project.

2. MATERIALS

       2.2 FERTILIZER:        All fertilizer shall be delivered in bags or clearly marked
       containers showing the analysis, name, trademark, and warranty. The fertilizer is
       subject to testing by the State chemist in accordance with the Texas fertilizer law.
       Fertilizer shall have an analysis of 12-12-12 (% of nitrogen, phosphoric acid, and
       potash) as determined by the Association of Official Agricultural Chemists. Fertilizer
       shall be free flowing and uniform in composition.

       2.3 SEED:     Seed shall be labeled and meet the requirements of the Texas Seed
       Law. Labels shall indicate purity, germination, name and type of seed. Seed
       furnished shall be of the previous season's crop and the date of analysis shown on
       each bag shall be within twelve months of delivery to the project.

The quantity of "Commercial Seed" required to equal the quantity of "Pure Live Seed" shall be
computed by the following formula:

Commercial Seed = Pure Live Seed x      10,000
                           % Purity x % Germination

The quantity of pure live seed and type required are indicated below. See drawings for
mixture.

                                                          LB/ACRE OF PURE LIVE SEED
  COMMON NAME                 SCIENTIFIC NAME              FOR MIXTURES
                                                                  A    B     C
Green Sprangletop              Leptochloa Dubia             1.4   1.4    -
Sideoats Grama (premier)       Bouteloua Curtipendula        .6    -     .6
Bermudagrass (Hulled)          Cynodon Dactylon             7.0   7.4    -
Bermudagrass (Unhulled)        Cynodon Dactylon              -     -   30.0
K. R. Bluestem                 Andropogon Ischaeum          1.2   1.2   1.5
Buffalograss                   Pennisetum Ciliare            -    4.2    -
Annual Ryegrass                Lolium Multiflorum           5.0   5.0  20.0


Mixture - A:    Recommended for clay or tight soil planted between December 1 thru May 1


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Mixture - B:    Recommended for sandy soil planted between December 1 thru May 1

Mixture - C:    Recommended for all soils planted between May 2 thru November 30

       2.3    MULCH: Mulch shall be either the straw type, wood cellulose fiber type,
       asphaltic emulsion type or asphaltic emulsion over wood cellulose fiber type,
       whichever is indicated on the drawings.

Straw Type - Straw mulch shall be of straw from stalks of domestic grain, bermudagrass or
cotton hulls or other approved by Engineer.

Asphaltic Emulsion Type or Asphalt Emulsion Over Wood Cellulose Fiber Type - Shall
conform to ASTM specification D 977, Grade SS-1 mixed with water (60% asphalt 40%
water).

Wood Cellulose Fiber Type - Wood cellulose fiber shall have no growth inhibiting ingredients
and shall be dried with a moisture content less that 10% by weight. Fibers shall be dyed an
appropriate color to facilitate visual metering and application of mulch. The cellulose fiber
shall be manufactured so that after addition and agitation in slurry tank with fertilizers, seeds,
and other approved additives, the fibers in the material will become uniformly suspended to
forms a homogeneous slurry; when sprayed on the ground, the material shall form a uniform
cover impregnated with seeds; the cover shall allow added water to percolate to the
underlying soil. The fiber material shall be supplied in packages of not more than 100 lb.
gross weight and shall be marked by the manufacturer to indicate the dry weight content.

2.4 EQUIPMENT: The fertilizing, seeding and/or mulching operations shall be accomplished
with equipment suitable to the required function. It shall be of current design and in good
operating condition. Special seeding and mulching equipment must also meet the following
requirements:

Seeder - Equipment for applying a seed-fertilizer mix shall be a hydraulic seeder designed to
pump and discharge a waterborne, homogeneous slurry of seed and fertilizer. The seeder
shall be equipped with a power driven agitator, and capable of pressure discharge.

Straw Mulch Spreader - Equipment used for straw mulch application shall be trailer mounted,
equipped with a blower capable of 2000 r.p.m. operation and that will discharge straw mulch
material thru a discharge boom with spout at speeds up to 220 feet per second. The mulch
spreader shall be equipped with an asphalt supply and application system near the discharge
end of the boom spout. The system shall apply asphalt adhesive in atomize form to the straw
at a predetermined rate. The spreader shall be capable of blowing the asphalt-coated mulch,
with a high velocity airstream, over the surface at a uniform rate, forming a porous, stable
erosion-resistant cover.

Wood Cellulose Fiber Mulch Spreader - Equipment used for this application of fertilizer,
seeds, wood pulp, water and other additives shall have a built-in agitation system with
sufficient capacity to agitate, suspend and homogeneously mix a slurry containing up to 40

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lbs. of fiber plus the required fertilizer solids for each 100 gallons of water. It shall have
sufficient agitation and pump capacity to spray a slurry in a uniform coat over the area to be
mulched.

3. CONSTRUCTION METHODS

       3.1    PREPARATION OF SEEDBED: The area to be treated along with
       requirements for seed, fertilizer and other treatments shall be done as indicated on the
       drawings and as specified below.

Clearing - See Section 02110, "Clearing and Grubbing"

Grading - See Section 02260, "Site Grading".

Tilling - The area to be seeded shall be tilled to a depth of 2 to 6 inches by disking, plowing, or
         other approved methods until soil condition is acceptable.

       3.2      FERTILIZING: Fertilizer shall be uniformly applied at a rate of 400 lb/acre, after
       tilling. Fertilizing and seeding shall be done concurrently. If seeds and fertilizer are
       distributed in a water slurry. The mixture shall be applied to the area to be seeded
       within 30 minutes after all the components have come into contact.

       3.3   SEEDING: The seed mixture shall be uniformly distributed at a rate specified
       under materials A-14.2.2.

Broadcast Seeding - Seed shall be placed with fertilizer, after tilling. After planting, the area
      shall be rolled on contour with a corrugated roller.

Straw Mulch Seeding - Seed shall be placed with fertilizer, after tilling. After placement of the
      seed and fertilizer mixture, straw mulch shall be uniformly placed at a rate of 2 tons
      per acre. As soon as the mulch has been spread, it shall be anchored to the soil a
      minimum depth of 3 inches by use of a heavy, dulled sick harrow, set nearly straight.
      Disks shall be set approximately 9 inches apart.

Straw Mulch With Asphalt Seeding - Seed, fertilizer, and straw mulch shall be placed as
      described in straw mulch seeding with the two exceptions. An asphalt-water emulsion
      shall be applied to the mulch near the discharge end of the boom spout at a rate of
      300 to 600 gallons per acre. Mechanical anchoring by disking will not be required.

Asphalt Mulch Seeding - The seed and fertilizer shall be placed as described for "Broadcast
      Seeding". After the area has been rolled, the area shall be watered sufficiently to
      assure a uniform moisture to a minimum depth of 4 inches. As asphalt-water emulsion
      shall be applied at a rate of 1,500 to 1,800 gallons per acre, immediately after
      watering. Asphalt shall be applied to the area in such a manner that a complete film is
      obtained and the finished surface shall be comparatively smooth.


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Wood Cellulose Fiber Mulch Seeding - After tilling, mulch shall be applied. Wood cellulose
     fibers shall be added to the hydraulic seeder after the proportionate amounts of seeds,
     fertilizer, water and other approved materials are added. Application shall be 1500
     lb/acre on flats, 2000 lb/acre on 3:1 slopes, and 2500 lb/acre on 2:1 or greater. 100 lb.
     of fiber per acre shall be used when asphalt is to be applied over cellulose mulch. The
     mulch shall provide a uniform cover over the soil surface.

Asphalt Over Wood Cellulose Fiber Mulch Seeding - "Wood Cellulose Fiber Mulch Seeding"
      shall be done as described above. After mulch has been placed, an asphalt-water
      emulsion shall be uniformly spread over the mulch at a rate of 1200 gallons per acre.

       3.4     MAINTENANCE: The Contractor will water, repair and reseed areas as
       required for a period of 45 days. This includes erosion damage. Maintenance does
       not include mowing or weed control, unless indicated on the plans. If at any time the
       seeded area becomes gullied or otherwise damaged, or the seedings have been
       damaged or destroyed, the affected portion shall be re-established to the specified
       condition prior to acceptance of the work.

GUARANTEE:        The Contractor shall assure 95% of the seeded area has established
    growth at 45 calendar days after seeding, unless indicated otherwise on the drawings.
    Where established, growth is defined as at least one plant per square foot.


                                  *** END OF SECTION ***




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                                     Page 30 of 129
                                        SECTION 02804

                                           SODDING


1. DESCRIPTION

This specification shall govern all work necessary for furnishing and placing sod as required
to complete the project.

2. MATERIALS

Fertilizer:    All fertilizer used shall be delivered in bags or containers with clearly marked
               analysis. A granulated fertilizer shall be used with an analysis of 10-20-10.
               These figures represent the percent of nitrogen, phosphoric acid, and potash
               nutrients respectively, as determined by the methods of the Association of
               Official Agricultural Chemists. The rate of application shall be not less than
               350 lb\acre (7.23 lb per 100 s.y). In the event that is necessary substitute a
               fertilizer with a different analysis, it shall be granulated fertilizer with a lower
               concentration. The total nutrients applied per unit area shall not be less that
               the specified amount of each nutrient.

Sod:           Sod shall consist of live Bermuda grass with thickly matted roots throughout the
               soil and with a minimum thickness of 3 inches or .25 feet, or live St. Augustine
               with thickly matted roots throughout the soil with a minimum thickness of 1 inch
               or .08 feet. The Contractor shall not use sod where grass is thinned out.
               Grass shall be mowed and raked to remove all weeds and long stems prior to
               extraction at source. Sod and soil shall be kept moist at all times during
               sodding process. Care must be taken at all times to retain native soil on the
               root system.

Water:         Water shall be free from oils, acids, alkalies, and salts which may inhibit grass
               growth. Unless indicated otherwise on the drawings, water shall be provided
               by the City and shall be transported and applied by the Contractor.

3. CONSTRUCTION METHODS:

Spot Sodding: Prior to planting, the area to be sodded shall be graded and shaped. Squares
                      of sod with a minimum width of 3 inches shall be planted in rows on 15
                      inch centers in both directions. Sod shall be placed so that lit is firmly
                      against the bottom of the hole; the top of the sod shall not be more than
                      ½ inch below finished grade. Soil shall be firmly against all sides of the
                      sod. Soil shall not be allowed to cover the sod except for soil incidental
                      to raking, provided that the quantity of soil is not enough to hinder the
                      growth. Areas to be spot sodded shall be indicated on the drawing or


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                      as directed by the Engineer in field. After sod has been planted, the
                      area shall be fertilized and watered.

Block Sodding:        Prior to planting, the area to be sodded shall be graded and shaped.
                      Sod blocks shall be uniformly placed over the prepared area. The
                      sodded area shall then be fertilized and watered. After the area is
                      sufficiently dry, the area shall be rolled or tamped on form a thoroughly
                      compacted mat. Any voids in the mats shall be filled with additional sod
                      and tamped. If, in the opinion of the Engineer, sloped may cause
                      displacement, areas to be block sodded shall be indicated on the
                      drawings or as directed by the Engineer in the field.
Mulch Sodding:        The sod source shall be disked in two directions cutting the sod
                      thoroughly to a depth of not less than 4 inches or more than 10 inches,
                      being careful to avoid having soil containing no grass roots. The disked
                      sod may be windrowed, or otherwise handled in a manner satisfactory
                      to the Engineer. The material shall be rejected if not kept in a moist
                      condition.

Prior to placing mulch sod, the cut slopes shall be scarified by plowing furrows 4 inches to 6
inches deep along horizontal slope lines at 2-foot vertical intervals. Excavated material from
the furrows shall not protrude more than 3 inches above the original surface of the cut.
Fertilizer shall be distributed uniformly over the area. The sod shall then be dumped upon the
prepared area and spread uniformly to the required approximate thickness shown on plans.

Any section not true to lines and cross sections shall be remedied by the addition of sod
material. After the sod material has been spread and shaped, it shall be compacted with a
corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour.
The area to be mulch sodded shall be indicated on the drawings or as directed by the
Engineer in the field.

                                  *** END OF SECTION ***




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                                        SECTION 03250

                        REINFORCED CONCRETE CONSTRUCTION


1.     GENERAL: This section includes materials, mixing, proportioning, transporting,
sampling, testing, placing, finishing and curing of all plain and reinforced cast-in-place, normal-
weight concrete.

All structures shall be constructed in accordance with the details shown on the plans.

2.     QUALITY ASSURANCE: Materials and work shall conform to the requirements of
standards, codes and recommended practices required in this section.

       The following standards and codes shall apply:

       ASTM A 185             "Standard Specification for Welded Steel Wire Fabric for
                              Concrete Reinforcement"

       ASTM A 615             "Standard Specification for Deformed and Plain Billet-Steel
                              Concrete Reinforcement"

       ASTM C 31              "Standard Method of Making and Curing Concrete Test
                              Specimens in the Field"

       ASTM C 33              "Standard Specification for Concrete Aggregates"

       ASTM C 39              "Test Method for Compressive Strength of Concrete Specimens"

       ASTM C 94              "Standard Specification for Ready-Mixed Concrete"

       ASTM C 138             "Standard Test Method for Unit Weight, Yield, and Air Content
                              (Gravimetric) of Concrete"

       ASTM C 143             "Standard Test Method for Slump of Portland Cement Concrete"

       ASTM C 150             "Standard Specification for Portland Cement"

       ASTM C 156             "Standard Test Method for Water Retention by Concrete Curing
                              Materials"

       ASTM C 171             "Standard Specification for Curing Concrete"

       ASTM C 172             "Standard Method for Sampling Fresh Concrete"



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ASTM C 231          "Standard Test Method for Air Content of Freshly Mixed Concrete
                    by the Pressure Method"

ASTM C 260          "Standard Specifications for Air-Entraining Admixtures for
                    Concrete"

ASTM C 304          "Recommended Practice for Measuring, Mixing, Transporting
                    and Placing Concrete"

ASTM C 305R         "Report on Hot Weather Concreting"

ASTM C 306R         "Report on Cold Weather Concreting"

ASTM C 309          "Standard Specification for          Liquid      Membrane-Forming
                    Compounds for Curing Concrete"

ASTM C 494          "Standard Specifications for Chemical Admixtures for Concrete"

ASTM C 920          "Specification for Elastomeric Joint Sealants"

ASTM D 1751 "Specification for Preformed Expansion Joint Fillers for Concrete Paving
                   and Structural Construction, (Nonextruding and Resilient
                   Bituminous Types)"

ASTM D 1752 "Specification for Preformed Sponge Rubber and Cork Expansion Joint
                   Fillers for Concrete Paving and Structural Construction"

ASTM E 329          "Standard Recommended Practice for Inspection and Testing
                    Agencies for Concrete, Steel, and Bituminous Materials Used in
                    Construction"

ACI 211.1           "Recommended Practice for Selecting Proportions for Normal,
                    Heavyweight and Mass Concrete"

ACI 214             "Recommended Practice for Evaluation of Strength Test Results
                    of Concrete"

ACI 301             "Specifications for Structural Concrete in Buildings"

ACI 315             "Manual of Standard Practice for Detailing Reinforced Concrete
                    Structures"

ACI 318             "Building Code Requirement for Reinforced Concrete"

ACI 347             "Recommended Practice for Concrete Formwork"


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                          IFB NO. 2010-FC-18
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       CRSI                  Concrete Reinforcing Steel Institute "Manual of Standard Practice
                             for Reinforcing Concrete Construction"

       NRCA                  National Ready-Mixed Concrete Association "Checklist for
                             Certification of Ready-Mixed Concrete Production Facilities"

3.      TESTING AND INSPECTION: Materials and operations will be tested and inspected
as the work progresses. All parties will make every effort to discover defective work at the
earliest possible time for their mutual convenience. Late discovery of a defect or defects will
not obligate the Owner to accept them. Testing agencies and the facility or facilities used shall
currently meet the requirements of ASTM E 329.

       3.1. The following services shall be performed by the designated testing agency and
       paid for by the Owner.

          3.1.1.       Secure composite samples in accordance with ASTM C 172.

          3.1.2.      Mold and cure four (4) specimens in accordance with ASTM C 31 from
          each strength test required.

          3.1.3.      Test specimens in accordance with ASTM C 39, one (1) at seven (7)
          days and three (3) at twenty-eight (28) days.

          3.1.4.     Make one strength test for each 50 cubic yards or fraction thereof, of
          each mix design of concrete placed in any one day.

          3.1.5.     Determine slump of concrete sample for each strength test in
          accordance with ASTM C 143.

          3.1.6.   Determine total air content for each strength test in accordance with
          ASTM C 231.

          3.1.7.       Determine temperature, unit weight, yield and air content, (ASTM C
          138), for each strength test.

       The Engineer may vary the quantity of tests noted above to meet his requirements for
       the particular job.

       3.2. The Contractor shall provide and pay for the following testing services to be
performed by a testing agency acceptable to the Owner:

          3.2.1.     When requested, qualification of proposed materials and the
       establishment of mix designs in accordance with the referenced standards and codes.

          3.2.2.       Testing services needed or required by him. To facilitate testing and
          inspection, the Contractor shall furnish:

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                     3.2.2.1. Labor to assist testing agency personnel in obtaining and
                     handling samples at the jobsite.

                     3.2.2.2. Notification to the testing agency in advance of operations to
                     allow for assignment of testing personnel and scheduling of testing work.

                     3.2.2.3. Adequate facilities for proper curing of concrete test specimens
                     on the project site in accordance with ASTM C 31.

4.      EVALUATION AND ACCEPTANCE: The strength level of the concrete will be
satisfactory if the averages of all sets of three (3) consecutive strength test results equal or
exceed specified strength. If the 28 day strength is between 1 and 100 psi below the minimum
required, $50 per cubic yard will be deducted from the amount due the Contractor. The
Engineer has the right to reject any concrete work not conforming to required lines, details,
dimensions, tolerances, strengths, or other requirements of the plans and specifications.
Rejected concrete work shall be demolished, removed, disposed of, and replaced, by methods
approved by the Engineer.

5.     SUBMITTALS: The Building Contractor shall submit to the Engineer the following:

       5.1.    Proposed concrete mix design.

       5.2.    When requested, samples of materials proposed including names, sources and
       descriptive material.

       5.3.    Certification as to compliance with referenced standards and codes, as
       required by the Engineer.

6.     MATERIALS:

       6.1. Portland Cement, Type I conforming to ASTM C 150. Cement shall
       correspond to that upon which the selection of concrete proportions was based.

                    6.1.1.    Only one brand and manufacturer of approved cement shall be
                    used for exposed concrete.

                    6.1.2.    Type III cement shall be used only with prior written approval
                    from the Engineer.

       6.2. Aggregates, conforming to ASTM C 33. Local aggregates not complying with
       this standard may be used providing it can be shown by special test or a record of past
       performance these aggregates produce concrete of adequate strength and durability.

                    6.2.1. Fine aggregate, clean, sharp, natural sand, free from loam, clay
                    lumps, organic material or deleterious substances, within allowable

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                   standards.

                   6.2.2. Coarse aggregate, clean, uncoated, graded aggregate
                   containing no clay, mud, loam, organic material or foreign matter.

       6.3. Water shall be clean, of potable quality and with a maximum TDS of 1500
       mg/liter.

       6.4. Concrete admixtures, provide admixtures produced and serviced by
       established, reputable manufacturer, used in compliance with manufacturer’s
       recommendations.

                   6.4.1. Air-entraining admixtures, conforming to ASTM C 260, MB-AE
                   10, or MB-VR, manufactured by Master Builders or equivalent.

                   6.4.2. Water-reducing, set-controlling admixture, conforming to
                   ASTM C 494, Type A (water reducing), Type B, (retarding), Type C
                   (accelerating), Type D (water-reducing and retarding), Type E (water-
                   reducing and accelerating). Type F admixture usage in high slump
                   concrete requires prior written approval by Engineer. No calcium chloride
                   additives are permitted.

             When requested, a qualified concrete technician employed by the manufacturer
             shall be available to assist in proportioning concrete materials for optimum use,
             to advise on proper use of the admixture and adjustment of concrete mix
             proportions to meet jobsite and climatic conditions.

6.5.   Reinforcement shall be provided in accordance with the working drawings.

         6.5.1.     Reinforcing steel, unless otherwise stated, shall be Grade 60,
         conforming to ASTM A 615.

6.6. Metal Accessories shall conform to requirements of the Concrete Reinforcing Steel
Institute (CRSI), "Manual of Standard Practice for Reinforcing Concrete Construction."

6.7. Expansion and Contraction Joints shall be completed utilizing the following materials
or as noted on the plans.

         6.7.1.     Material, conforming to ASTM D 1751.

         6.7.2.   Sealant, Greenstreak G-Seal Cap or approved equal, conforming to
         ASTM C 920.

         6.7.3.    Backer Rod, shall be closed cell polyolefin, round, provide air gap
         between backer rod and joint material.


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          6.7.4.     Waterstop, shall be placed as shown on the plans and/or as stated in
          the "Special Conditions" section.

6.8. Curing Materials, exceeding requirement of ASTM C 309, "Masterseal" manufactured
by Master Builders, or approved equal. Material shall provide water retention not exceeding
loss of 0.55 kg/m2 in 72 hours when tested in accordance with ASTM C 156.

7.     SELECTION OF PROPERTIES:

7.1. General: Concrete shall be composed of Portland cement, fine aggregate, coarse
aggregate, water, Pozzolith admixture, and as specified, air-entraining admixture. Proportions
of ingredients shall produce concrete that will work readily into corners and angles of forms,
bond to reinforcement, without segregation or excessive bleed water forming on the surface.
Proportioning of materials shall be in accordance with ACI 211.1.

       Proportions of ingredients shall be selected by past field experience or, in lieu of past
       performance, laboratory trial mixes to produce placeability, durability, specified strength
       and properties specified.

7.2. Required Average Strength Above Specified Strength: Determinations of required
average strength (fcr) shall be in accordance with ACI 318 and ACI 301, and evaluations of
compressive strength results of field concrete shall be in accordance with ACI 214.

8.     CONCRETE QUALITIES REQUIRED:

8.1. Compressive Strength: Specified Compressive (f'c) Strength at 28 days shall be 3,000
psi or greater, unless noted otherwise in the plans.

8.2.   Slump:

          8.2.1.             Consolidation by vibration, not to exceed 4 in.

          8.2.2.             Consolidation by other methods, not to exceed 5 in.

          8.2.3.             Slump shall be determined by ASTM C 143.

       8.3.    Aggregate Size: Maximum size of coarse aggregate shall not exceed:

          8.3.1.             One-fifth narrowest dimension between forms

          8.3.2.             Three-fourths minimum clear spacing between reinforcing bars

          8.3.3.             One-third the thickness of slabs




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       8.4. Control of Set: Concrete shall be adjusted to produce the required rate of
       hardening for varied climatic and jobsite conditions.

          8.4.1.            Under 50°F (10°C) ambient temperature - Accelerate (Type C or
          Type E admixture).

          8.4.2.          Over 80°F (27°C) ambient temperature - Retard (Type B or D
          admixture ASTM C 494).

          8.4.3.           Between 50°F (10°C) and 80°F (27°C) - Normal Rate of
          Hardening (Type A admixture - ASTM C 494).

9.       FORMWORK: Forms used to confine and shape concrete to required dimensions
shall have sufficient strength to withstand forces from placement, vibration, and sufficient
rigidity to maintain specified tolerances. Form material or lining shall be adequate to give the
surface finish noted on the plans.

Design, engineering and construction of the formwork shall be the responsibility of the
contractor.

Formwork shall be designed for loads, lateral pressure and allowable stresses in accordance
with ACI 347.

All tolerances, preparation of form surfaces, removal of forms, reshoring and removal strength
shall be in accordance with ACI 301. (Fillets required at all sharp corners).

10.    JOINTS AND EMBEDDED ITEMS:

       10.1. Construction Joints: Construction Joints not shown on working drawings shall
       be made and located to least impair strength of structure, and shall be approved by the
       Engineer.

       Reinforcement shall be continued across joints, keys and inclined dowels provided as
       directed by the Engineer. Joints shall be cleaned and roughened as required prior to
       pouring.

10.2. Expansion and Contraction Joints: Premolded joint filler shall conform to ASTM D
1751.

10.3. Other Embedded Items: Other Embedded Items including sleeves, inserts, anchors
and embedded items required for adjoining work or support shall be placed prior to
displacement.

11.    PRODUCTION OF CONCRETE: Concrete shall be ready-mixed, batched, mixed and
transported in accordance with ASTM C 94.


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                                     Page 39 of 129
Plant equipment and facilities shall conform to the "Checklist for Certification of Ready-Mixed
Concrete Production Facilities" of the National Ready-Mixed Concrete Association.

12.    PLACING:

       12.1. Preparation: The Building Contractor shall provide access for delivery, provide
       sufficient equipment and manpower to rapidly place all concrete.

                    12.1.1.           Work shall be in accordance with ACI 304.

                    12.1.2. Formwork shall have been complete and debris removed from
                    within forms.

                    12.1.3. Expansion joint material, anchors and all embedded items shall
                    have been positioned.

                    12.1.4. Subgrades shall be sprinkled sufficiently to eliminate water loss
                    from concrete.

12.2. Addition of Water: No water shall be added to the concrete once it has been delivered
to the site.

12.3. Conveying: Concrete shall be placed rapidly by methods which prevent segregation
or loss of quality.

12.4. Placement: Concrete shall be deposited continuously or, when continuous placement
is not possible, construction joints shall be located as approved by the Engineer. Concrete
shall be placed as nearly as possible to its final position. Avoid rehandling.

       Concrete shall be consolidated by vibration, spading, rodding, or forking. Work
       concrete around reinforcement, embedded items and into corners; eliminate air or
       stone pockets and other causes of honeycombing, pitting or planes of weakness.

       Internal vibration shall have a minimum frequency of 8000 v/min with amplitude to
       consolidate effectively.

       Vibrators shall be operated by competent workmen. Use of vibrators to transport
       concrete shall not be allowed. Vibrators shall be inserted and withdrawn approximately
       every 18 inches for 5 to 15 seconds each time.

       Floor slab and roll-off container surfaces shall be brought to a steel trowel finish.

13.    WEATHER CONDITIONS:




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13.1. Cold Weather: Concrete shall conform to ACI Committee 306R Report. The following
      minimum concrete temperatures as placed and maintained shall apply, depending on
      section size and dimensions:

                  Section Size             Minimum
          Min. Dimension - Inches      Concrete Temperature

              Less than 12                 55°F (13°C)
              12 - 36                      50°F (10°C)
              36 - 72                      45°F ( 7°C)
              More than 72                 40°F ( 4°C)

       Water heated to above 140°F (60°C) shall be combined with the aggregates before
       cement is added. Cement shall not be added to water or aggregates having a
       temperature greater than 90°F (32°C).

       When outdoor temperature is less than 40°F (4°C), temperature of the concrete in
       place shall be maintained at not less than 40°F for the required curing time. When the
       temperature is 45° and falling, no concrete shall be placed.

       Arrangements shall be made before placement to maintain required temperature
       without injury from excessive heat.

13.2. Hot Weather: Temperature of concrete delivered at jobsite shall be determined.
Temperature of ingredients shall be cooled before mixing to prevent concrete temperature in
excess of 94°F (34°C), Hot Weather Concreting in accordance with ACI 305 Committee
Report.

       Provisions shall be made for windbreaks, shading, fog spraying, sprinkling or wet cover
       when necessary.

14.    CURING AND PROTECTION: Immediately following placement, concrete shall be
protected from premature drying, hot and cold temperatures, rain, flowing water and
mechanical injury.

Material and method of curing shall be approved by the Engineer. Final curing shall continue
for not less than 7 days.

Approved methods include: ponding or continuous sprinkling, continuously wet mats, sand
kept continuously wet and liquid membrane-forming compounds.

14.1. Applications of waterproof sheet material shall conform to ASTM C 171. Material shall
maintain a maximum moisture loss of 0.55 kg/m2 tested in accordance with ASTM C 156.

14.2. Applications of membrane-forming compounds shall conform to ASTM C 309.



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15.    FORM REMOVAL: Forms shall not be removed until concrete has obtained a strength
adequate to support its own weight plus any superimposed loads that might be placed
thereon. In general, side forms shall be left in place 2 days and bottom forms, 7 days to assist
in proper curing. Curing compound shall be applied to formed surfaces immediately upon form
removal. Removal of form ties and patching of holes left or minor surface defects shall be
accomplished at this time.

16.    SURFACE FINISHES:

16.1. Horizontal Surfaces: Unless otherwise noted on the plans, finish shall be smooth,
steel troweled. Dusting with cement is not permitted.

16.2. Vertical Surfaces: Surfaces normally exposed to view, following completion of the
structure, shall be rubbed finish unless otherwise noted on the plans. Other surfaces shall be
smooth reflecting use of sound plywood, steel or lined forms and proper repair following form
removal.

17.    DEFECTIVE WORK: If defects are judged by the Engineer to be repairable, they shall
be so repaired immediately after form removal. If defects involve bulging of forms,
misalignment, excessive honeycombing (aggregate pockets), other surface defects which are
judged by the Engineer not to be repairable, the defective work shall be removed and replaced
by the Building Contractor. No extra compensation will be allowed for required repair or
replacement.


                                    *** END OF SECTION ***




            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                  IFB NO. 2010-FC-18
                                     Page 42 of 129
                   STANDARD SERVICE TERMS AND CONDITIONS


1.   SERVICE STANDARDS.

     Contractor shall perform all work set forth in the specifications in a “first class”
     manner, consistent with all applicable regulations and industry standards. All work
     shall be performed to the reasonable satisfaction of the RTA, and any defective or
     substandard performance shall be promptly remedied.

2.   INVOICES AND PAYMENTS.

     Contractor shall submit separate invoices, in duplicate, on a monthly basis or as
     otherwise specified in the contract documents to RTA, Attn: Accounts
     Payable, 5658 Bear Lane, Corpus Christi, Texas 78405. Invoices shall indicate
     the contract number and shall be itemized in accordance with the different
     components of work set forth in the Price Schedule. Payment shall not be due
     until thirty (30) days after the date the above instruments are submitted or the work
     is actually performed, whichever is later. In the event payment has not been made
     by the due date, Contractor shall submit a reminder invoice marked “overdue.” The
     RTA reserves the right to review all of Contractor’s invoices after payment and
     recover any overcharges resulting from such review.

3.   TOOLS, EQUIPMENT AND SUPPLIES.

     Contractor shall provide such tools, equipment, supplies, materials, employees,
     management, and any other items or services as may be necessary in order to
     enable Contractor to provide the services required under the terms of this Contract.

4.   ESTIMATED QUANTITIES.

     The estimated quantities for services, supplies or work to be performed noted in the
     Price Schedule are approximate. These quantities are to be used only for the
     comparison of bids and the award of this Contract and are based on past and
     projected usage. Contractor agrees and understands that the actual quantities to be
     utilized are within the sole and absolute discretion of the RTA. Should the actual
     quantities be greater or lesser than the estimates contained in the Price Schedule,
     Contractor agrees that, regardless of the amount of such variance, it shall not be the
     basis for deviating from the quoted unit prices. Further, Contractor agrees to honor
     quoted unit prices for the duration of this Contract.




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5.   LIABILITY INSURANCE COVERAGE.

     Contractor shall maintain at all times during the term of this Contract at its sole cost
     and expense each of the following insurance coverage’s listed below having policy
     limits not less than the dollar amounts set forth:

     Commercial general liability insurance with minimum policy limits of $1,000,000.

     (In the event motor vehicles will be used by Contractor to perform the services
     specified) Automobile liability insurance with a combined single limit of $1,000,000.

     Contractual liability insurance covering Contractors’ indemnification obligations
     contained in this Contract.

     Each of such insurance policies shall be issued by insurance companies licensed to
     do business in the State of Texas and rated A- or better by the A. M. Best insurance
     rating guide. Each such policy shall name the RTA as an additional insured, and a
     certificate of insurance evidencing such coverage’s shall be furnished to the RTA
     prior to the commencement of work and maintained throughout the term of the
     Contract. Such insurance policies shall not be cancelled, materially changed, or not
     renewed, without thirty (30) days’ prior written notice to the RTA, and the certificate
     of such insurance coverage shall reflect the foregoing cancellation provision. Copies
     of the insurance policies shall be promptly furnished to the RTA upon its written
     request after award of contract.

6.   WORKERS’ COMPENSATION.

     Contractor shall maintain at all times during the term of this Contract at its sole cost
     and expense workers’ compensation as required by statute and employer’s liability
     insurance with policy limits of $300,000 containing a waiver of subrogation
     endorsement waiving any right of recovery under subrogation or otherwise against
     the RTA.

     (In the event this Contract covers construction services, Section 6.1 through 6.11
     shall apply.)

     6.1    The following definitions shall apply:

     Certificate of coverage (“certificate”) – A copy of a certificate of insurance,     a
     certificate of authority to self-insure issued by the commission, or a       coverage
     agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),                     showing statutory
     workers’ compensation insurance coverage for the person’s or entity’s employees
     providing services on a project, for the duration of the project.



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Duration of the project – includes the time from the beginning of the work on the
project until Contractor’s work on the project has been completed and accepted by
the RTA.

Persons providing services on the project (“subcontractor” in §406.096) – includes all
persons or entities performing all or part of the services Contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project. “Services”
includes, without limitation, providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. “Services”
does not include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.

6.2    Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, §401.011(44) for all employees of
Contractor providing services on the project, for the duration of the project.

6.3   Contractor shall provide a certificate of coverage to the RTA prior to being
awarded the contract.

6.4   If the coverage period shown on Contractor’s current certificate of coverage
ends during the duration of the project, Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the RTA showing that
coverage has been extended.

6.5    Contractor shall obtain from each person providing services on a project and
furnish RTA:

       6.5.1 a certificate of coverage, prior to that person beginning work on the
       project, so the RTA will have on file certificates of coverage showing
       coverage for all persons providing services on the project; and

       6.5.2 no later than seven days after receipt by Contractor, a new certificate
       of coverage showing extension of coverage, if the coverage period shown on
       the current certificate ends during the duration of the project.

6.6    Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.

6.7    Contractor shall notify the RTA in writing by certified mail or personal delivery,
within 10 days after Contractor knew or should have known, of any change that


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materially affects the provision of coverage of any person providing services on the
project.

6.8     Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers’ Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.

6.9    Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:

       6.9.1 provide coverage, based on proper reporting of classification codes
       and payroll amounts and filing of any coverage agreements, which meets the
       statutory requirements of Texas Labor Code, §401.011(44) for all of its
       employees providing services on the project, for the duration of the project;

       6.9.2 provide to Contractor, prior to that person beginning work on the
       project, a certificate of coverage showing that coverage is being provided for
       all employees of the person providing services on the project, for the duration
       of the project;

       6.9.3 provide Contractor, prior to the end of the coverage period, a new
       certificate of coverage showing extension of coverage, if the coverage period
       shown on the current certificate of coverage ends during the duration of the
       project;

6.9.4 obtain from each other person with whom it contracts, and provide to
Contractor:

a certificate of coverage, prior to the other person beginning work on the project; and
a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;

       6.9.5 retain all required certificates of coverage on file for the duration of the
       project and for one year thereafter;

       6.9.6 notify the RTA in writing by certified mail or personal delivery, within 10
       days after the person knew or should have known, of any change that
       materially affects the provision of coverage of any person providing services
       on the project; and

       6.9.7 contractually require each person with whom it contracts, to perform
       as required by this subsection, with the certificates of coverage to be provided
       to the person for whom they are providing services.


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     6.10 By signing this Contract or providing a certificate of coverage, Contractor is
     representing to the RTA that all employees of Contractor who will provide service on
     the project will be covered by workers’ compensation coverage for the duration of
     the project, that the coverage will be based on proper reporting of classification
     codes and payroll amounts, and that all coverage agreements will be filed with the
     appropriate insurance carrier or, in the case of a self-insured, with the Commission’s
     Division of Self-Insurance Regulation. Providing false or misleading information may
     subject Contractor to administrative penalties, criminal penalties, civil penalties, or
     other civil actions.

     6.11 Contractor’s failure to comply with any of these provisions is a breach of
     contract by Contractor which entitles the RTA to declare the Contract void if
     Contractor does not remedy the breach within 10 days after receipt of notice of
     breach from the RTA.

7.   INDEMNIFICATION.

     Contractor shall indemnify and hold harmless the RTA, its officers, employees,
     agents, attorneys, representatives, successors and assigns from any and all claims,
     demands, costs, expenses (including attorney’s fees and expert witness fees),
     liabilities and losses of whatsoever kind or character arising out of or in connection
     with any act or omission of Contractor or its officers, employees or agents, during the
     term of this Contract. Contractor shall assume on behalf of the RTA and the
     indemnified parties described above, and conduct with due diligence and in good
     faith, the defense of any and all such claims, whether or not the RTA is joined
     therein, even if such claims be groundless, false or fraudulent.

8.   INDEPENDENT CONTRACTOR.

     At all times during the term of this Contract, Contractor shall be an independent
     contractor to the RTA, and Contractor shall not in any event be deemed an
     employee or other representative of the RTA. Any persons employed by Contractor
     shall at all times hereunder be deemed to be the employees of Contractor, and
     Contractor shall be solely liable for the payment of all wages and other benefits
     made available to such employees in connection with their employ. Contractor shall
     remain solely responsible for the supervision and performance of any such
     employees in completing its obligations under this Contract. Contractor warrants
     that any such employees shall be fully covered by workers’ compensation insurance
     and that each of such employees has been carefully screened as to character and
     fitness for the performance of his or her job.

9.   ASSIGNMENT.

     Contractor shall not assign or subcontract any of its rights, duties or obligations
     under this Contract without prior written consent of the RTA. Contractor shall be
     entitled to assign, pledge or encumber its right to receive payments under this

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      Contract pursuant to security interests created in conformity with the Uniform
      Commercial Code so long as the RTA shall never be obligated to negotiate with any
      such third party in respect to compliance with the terms and conditions of this
      Contract. Any such assignment, pledge or encumbrance shall be limited by any
      rights of offset by the RTA for damages or claims arising under this Contract or any
      other obligation owed by Contractor to the RTA.

10.   AMENDMENTS.

      No amendments, modifications or other changes to this Contract shall be valid or
      effective absent the written agreement of both parties hereto.

11.   TERMINATION.

      The RTA shall have the right to terminate for default all or any part of its Contract if
      Contractor breaches any of the terms hereof or if Contractor becomes insolvent or
      files any petition in bankruptcy. Such right of termination is in addition to and not in
      lieu of any other remedies which the RTA may have in law or equity, specifically
      including, but not limited to, the right to sue for damages or demand specific
      performance. The RTA additionally has the right to terminate this Contract without
      cause by delivery to Contractor of a “Notice of Termination” specifying the extent to
      which performance hereunder is terminated and the date upon which such
      termination becomes effective.

12.   ADVERTISING.

      Contractor shall not advertise or publish, without the RTA’s prior consent, the fact
      that it has entered into this Contract, except to the extent necessary to comply with
      proper requests for information from an authorized representative of the federal,
      state or local authorities.

13.   GRATUITIES.

      No gratuities in the form of entertainment, gifts, or otherwise, shall be offered or
      given by Contractor, or any agent or representative of Contractor, to any officer or
      employee of the RTA with a view toward securing a contract or securing favorable
      treatment with respect to a contract.

14.   EQUAL OPPORTUNITY.

      Contractor agrees that during the performance of this Contract it will:

      14.1 Treat all applicants and employees without discrimination as to race, color,
      religion, sex, national origin, martial status, age or handicap.



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      14.2 Identify itself as an “Equal Opportunity Employer” in all help wanted
      advertising or requests.

      Contractor shall be advised of any complaints filed with the RTA alleging that
      Contractor is not an equal opportunity employer. The RTA reserves the right to
      consider such complaints in determining whether or not to terminate any portion
      of this Contract for which the services have not yet been performed; however,
      Contractor is specifically advised that no equal opportunity employment
      complaint will be the basis for denial of payment for any services already
      completed.

15.   ENFORCEABILITY.
      This Contract shall be interpreted, construed, and governed by the laws of the
      United States and the State of Texas and shall be enforceable in any state court
      of competent jurisdiction in Nueces County, Texas. Contractor shall comply with all
      applicable laws and regulations in performing under this contract.

16.   NOTICES.

      Notices shall be given to the parties by delivering or mailing such notice to the
      addresses set forth in the Contract documents, or at such other addresses as the
      parties may designate to each other in writing.

17.   INTERPRETATION.

      This writing is intended by the parties as a final expression of their agreement
      and is intended also as a complete and exclusive statement of the terms thereof.
      No course of prior dealings between the parties and no usage of the trade shall
      be relevant to supplement or explain any term used herein, and acceptance of a
      course of performance rendered under this Contract shall not be relevant to
      determine the meaning of this Contract even though the accepting party has
      knowledge of the performance and opportunity for objection.




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                                  SPECIAL CONDITIONS



1.0   EXISTING UTILITIES AND MAINTENANCE OF SERVICES

      1.1     Contractor shall take all precautions in protecting existing utilities, both above
      and below ground. If the Contractor encounters utility services along the line of this
      work, it shall be their responsibility to maintain the services in continuous operation
      at the Contractor's expense. Repairs and all labor and materials connected with
      maintaining services in operation are considered subsidiary. Therefore, no separate
      or direct payment will be made.

      1.2    The location of the underground utilities at each site is unknown. The
      Contractor shall be responsible for verifying the exact location of utilities prior to any
      construction. To locate utilities call in advance to the Texas One Call System, 1-
      800-245-4545 and Lone Star notification, 1-800-669-8344.

      1.3    Contractor shall preserve in operating condition all active utilities traversing or
      adjoining the construction site. Utilities or appurtenances, driveways, drainage
      structures, roadways, or other improvements that are damaged by the Contractor
      shall be replaced to original condition at no cost to the RTA.

2.0   TEMPORARY UTILITIES

      2.1    WATER: The responsibility shall be upon the Contractor to provide and
      maintain, at his/her expense, an adequate supply of water for his/her use for
      construction and domestic consumption, and to install and maintain necessary
      supply connections and piping for same, but only at such locations and in such
      manner as may be approved by the RTA. Before final acceptance, temporary
      connections and piping installed by the Contractor shall be removed in a manner
      satisfactory to the RTA.

      2.2    ELECTRICAL: All electric current required by the Contractor shall be
      furnished by the Contractor shall be furnished by the Contractor. All temporary
      connections for electricity shall be subject to approval of the RTA. All temporary
      lines will be furnished, installed, connected, and maintained by the Contractor in a
      workmanlike manner satisfactory to the RTA and in compliance with the
      requirements of the National Electrical Code and all local ordinances. They shall be
      removed by the Contractor in like manner at his/her expense prior to completion of
      the construction.

3.0   WORKMANSHIP AND QUALITY OF MATERIALS




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      Workmanship shall be of the highest quality and shall be performed by workers
      skilled in their trade. Articles, materials, and equipment to be incorporated into the
      work under this Contract shall be new and unused.

4.0   MATERIALS TESTING

      The RTA shall supply and pay the services of an independent testing laboratory to
      make any test necessary under these specifications. Retesting required by failure to
      pass the Contractor shall pay for initial testing. The RTA’s Project Manager and the
      Contractor’s supervisor shall coordinate testing.

5.0   CONTRACTOR USE OF THE PREMISES

      5.1    Careful staging of the construction must be planned by the Contractor to
      insure safety of RTA bus passengers.

      5.2    Unimpeded access and visibility shall be maintained to fire hydrants, police
      boxes, traffic control devices, and similar terms.

      5.3    Contractor shall protect adjacent property from damage due to the progress
      of work. Contractor shall practice good housekeeping at the site. Any damage to
      public or private property adjacent to the work shall be repaired or replaced by the
      Contractor at their expense.

      5.4     Upon completion of the work and before acceptance and final payment,
      Contractor shall remove rubbish, unused materials, and temporary structures from
      the limits of the project and restore, in a manner acceptable to the RTA, all property
      both public and private that has been damaged during the execution of the work.
      Contractor shall level and grade all portions of the work where the surface of the
      natural ground or street surface has been disturbed during construction and shall
      leave the site of the work in a neat and presentable condition, free from ruts or holes.

6.0   ACCESS TO THE WORK AND INSPECTIONS

      Contractor shall obtain the RTA Project Manager’s approval at least 24 hours before
      work is started at the location so arrangements can be made to relocate bus
      passengers.

      The Contractor shall provide for access to the work at all times for the RTA and its
      authorized representatives. He/she shall provide facilities for proper inspection by
      the above persons and shall exclude no portion of the work from such inspection.


7.0   PERMITS



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      7.1     In the execution of the work, Contractor shall comply with all permit conditions
      and lawful instructions and requirements of the federal and state agencies having
      jurisdiction in the areas involved. Such permit conditions and lawful instructions
      addressed to the RTA that relate to the construction work included in the Contract
      shall be complied with.

      7.2     The Contractor shall be responsible for obtaining any and all permits required
      in the locations where the improvements are being constructed and the cost for such
      permits, if any, shall be borne by the Contractor. The Contractor shall also call upon
      the proper authorities for compliance inspections and assume the fees for same.

      7.3      City permits are to be obtained at Engineering Traffic Div. Charlie Cardenas
            826-3500, if required.

           Traffic Control Plan City’s Permit

           Public Right-of-Way Blockage City’s permit

8.0   COOPERATION WITH OTHER AGENCIES

      Contractor shall cooperate with all public and private agencies and utilities operating
      within the limits of each project site. Contractor shall provide 48-hour notice to any
      applicable agency when work is anticipated to proceed in the vicinity of any facility or
      affected utility. The Contractor shall make necessary arrangements with the Owner
      for access and storage provisions at each site. For the Contractors convenience,
      the following telephone numbers are listed:

      Regional Transportation Authority (Project Manager)      361-289-2712
      Traffic Engineer, City of CC                             361-826-3540
      Water Division                                           361-826-1881
      Wastewater Services Division                             361-826-1800
      Gas Division                                             361-885-6910
      AT&T (buried cable locator)                              800-545-6005
      APE (underground locates)                                800-245-4545
      Texas Department of Transportation (Engineer’s office) 361-808-2500


9.0   CONSTRUCTION STAKING

      Field staking for construction shall be the Contractor’s responsibility. In addition, all
      alignments shown on the construction drawings are based on information obtained
      from another sources and the Contractor may expect to find slight variances during
      construction. No separate or direct payment will be made for adjustments of these
      variances. During the construction period, the Project Manager may review the
      alignment of construction items and have the opportunity to make minor


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       modifications as may be determined in the field prior to excavation or concrete
       pouring to ensure the avoidance of conflicts with existing structures.

10.0   DISPOSAL/SALVAGE OF MATERIALS

       Unwanted material shall become the property of the Contractor who shall remove
       it from the site within twenty-four (24) hours. The cost of hauling shall be
       considered subsidiary to the bid items of this Contract; and therefore, no
       separate or direct payment shall be made. All access material excavated from
       the site shall be removed and disposed of immediately by the Contractor.
       Liquidated damages shall be assessed at $50 per day for each day that the
       material is left at the site.

11.0   ACCIDENT PREVENTION

       11.1 Contractor shall comply with all of the RTA’s safety regulations and shall
       observe the requirements of the Occupational Safety and Health Act. Contractor
       shall comply with all procedures prescribed by the RTA for control and safety of
       persons visiting the job site. It is the Contractors responsibility to take whatever
       steps necessary to ensure the safety of individuals working on or visiting the site.

       11.2 The RTA calls the Contractors attention to the necessity for its proper
       storage, use and disposal of all materials, proper use and storage of tools and
       devices, and proper control of construction procedures to assure the health and
       safety of workers and of others having access to the job site. It is the Contractors
       responsibility to obtain from the manufacturers, sellers, and/or distributors        of
       materials, tools, and devices all requirements for proper and      safe usage, storage,
       and disposal and to follow these requirements and           recommendations carefully.
       Particular attention is called to the use of paints, thinners, solvents, caulking and
       patching materials, chemical grouts, and surface treatment materials.

12.0   GUARANTY

       12.1 Neither the final certificate of payment or occupancy of the premises by the
       RTA shall constitute an acceptance of the work not done in accordance with the
       project documents or relieve the Contractor of liability in respect to any express
       warranties or responsibilities for faulty materials or workmanship. Contractor shall
       remedy any defects in materials or workmanship that shall appear within a period of
       one year from the date of final acceptance of the work.

13.0   TRAFFIC CONTROL PLAN: The Contractor shall comply with the City of Corpus
       Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies
       of this document are available through the City's Traffic Engineering Division. The
       Contractor is responsible for preparing a Traffic Control Plan for the site and for
       securing the City's approval of this plan. To obtain the City's permit, submit the Traffic


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       Control Plan to the City's Traffic Engineering Division, attention Charlie Cardenas, Tel.
       826-3500.

       The Contractor is responsible for ensuring the safety of the pedestrians and all
       vehicular traffic from construction-related activities during the course of this project. No
       construction shall commence without the City's approved traffic control plan in
       place.

       * All cost for traffic control is covered by a designated allowance.                   See
       Allowances included in this Special Provisions as Paragraph 15.

14.0   SPRINKLER SYSTEM: THE EXACT LOCATION OF EXISTING SPRINKLER
       SYSTEMS AT EACH SITE IS UNKNOWN. The exact location shall be determined by
       the Contractor prior to any excavation and he/she shall assume the cost for any
       damages caused to existing sprinkler systems due to negligence. Whenever a sprinkler
       system is present at the construction site, the Contractor shall be responsible for
       rerouting the system as necessary using a Sprinkler Company selected by the affected
       Owner or the RTA. Cost for sprinkler system rerouting due to construction
       improvements shall be covered as described in the Price Schedule.

15.0   ALLOWANCES: A maximum allowance of Ten Thousand Dollars ($10,000) has been
       set aside to cover the cost of the required Traffic Control Plan at all sites. A maximum
       allowance of Five Thousand Dollars ($5,000) has been set aside to cover the cost for
       the rerouting of existing sprinkler systems due to the construction of improvements.
       BIDDERS should include the traffic control and sprinkler system allowances in their bid
       price. Receipts for these items should be submitted to the Project Manager in order to
       be reimbursed. The Contractor will only be paid for actual expenses incurred. A final
       change order will be issued at the completion of the project to adjust this item and the
       Contract to the actual cost.

16.0   DEFINITION OF BID ITEMS:         In completing his/her Price Schedule, the
       CONTRACTOR will make sure to allow in the unit price enough cost to cover the work
       outlined as follows:


       New Ramp Section: Shall include, but is not limited to, the following items.

       *      Staking of lines and grades
       *      Excavation/base preparation
       *      Placing sand bedding
       *      Providing and placing steel reinforcing
       *      Doweling into existing concrete
       *      Construction of expansion/control joints
       *      Providing, placing and removing formwork
       *      Providing, placing, finishing, and curing concrete
       *      Disposing of excess materials and site clean-up

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*      Backfill and slope accordingly
*      Return area to original condition using seeding and sod as necessary
*      6" curb as shown in the details

New Landing Section: Shall include, but is not limited to, the following items.

*      Staking of lines and grades
*      Excavation/base preparation
*      Placing sand bedding
*      Providing and placing steel reinforcing
*      Doweling into existing concrete
*      Construction of expansion/control joints
*      Providing, placing and removing formwork
*      Providing, placing, finishing, and curing concrete
*      Disposing of excess materials and site clean-up
*      Backfill and slope accordingly
*      Return area to original condition using seeding and sod as necessary
*      6" curb as shown in the details

Detectable Warning: Shall include, but is not limited to, the following items.

*      Composite Cast In Place Tile
*      Concrete Preparation Trimming and Installing

Concrete Shelter Pad: Shall include, but is not limited to, the following items.

*      Staking of lines and grades
*      Excavation/base preparation, including grade beams
*      Placing sand bedding
*      Providing and placing steel reinforcing
*      Doweling into existing concrete
*      Construction of expansion/control joints
*      Providing, placing and removing formwork
*      Providing, placing, finishing, and curing concrete
*      Disposing of excess materials and site clean-up
*      Return area to original condition using seeding and sod as necessary
*      Backfill and slope accordingly

Concrete Roadway Bus Pad: Shall include, but is not limited to, the following items.

*      Staking of lines and grades
*      Excavation/base preparation, including grade beams
*      Providing and placing steel reinforcing
*      Doweling into existing concrete
*      Construction of expansion/control joints
*      Providing, placing and removing formwork

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*      Providing, placing, finishing, and curing concrete
*      Disposing of excess materials and site clean-up
*      Demolition and disposal of existing asphalt or concrete

Concrete Bus Turn-In Pad: Shall include, but is not limited to, the following items.

*      Staking of lines and grades
*      Excavation/base preparation
*      Providing and placing steel reinforcing, single and double mats
*      Doweling into existing concrete
*      Construction of expansion/control joints
*      Providing, placing and removing formwork
*      Providing, placing, finishing, and curing concrete
*      Disposing of excess materials and site clean-up
*      Demolition and disposal of existing asphalt

New Concrete Sidewalk: Shall include, but is not limited to, the following        items.

*      Staking of lines and grades
*      Excavation/base preparation
*      Sand bedding
*      Providing and placing steel reinforcement
*      Doweling into existing concrete
*      Providing, placing and removing formwork
*      Providing, placing, finishing, and curing concrete
*      Disposing of excess materials and site clean-up
*      Backfill and slope accordingly

New Curb and Gutter: Shall include, but is not limited to, the following items.

*      Staking of lines and grades
*      Excavation/base preparation
*      Providing and placing steel reinforcement
*      Doweling into existing concrete
*      Providing, placing and removing formwork
*      Providing, placing, finishing, and curing concrete
*      Disposing of excess materials and site clean-up
*      Backfill and slope accordingly
*      Return area to original condition using seeding and sod as necessary

Demolition of Existing Sidewalk: Shall include, but is not limited to, the following
items.

*      Removing and disposing of existing concrete sidewalk
*      Protect surroundings
*      If sidewalk is not reconstructed, backfill and re vegetated using seeding and sod

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Demolition of Existing Curb and Gutter: Shall include, but is not limited to, the
following items.

*      Removing and disposing of existing concrete curb and gutter
*      Protect surroundings

Saw Cut Concrete Pavement (Full Depth): Shall include, but is not limited to, the
following items.

*       Saw cutting concrete pavement and steel reinforcement to full depth
Saw Cut Asphalt Pavement (Full Depth): Shall include, but is not limited to, the
following items.

*      Saw cutting asphalt pavement and steel reinforcement to full depth

Asphalt Pavement Repair: Shall include, but is not limited to, the following items.

*      Demolition and disposal of existing asphalt and base material
*      Disposing of excess materials and site clean-up
*      Excavation/base preparation
*      Provide material and construct new base
*      Providing and install 4" H.M.A.C.

Type C Crosswalk Striping and Stop Bars (12" Wide): Shall include, but is not
limited to, the following items.

*      Pavement preparations
*      Disposing of excess materials and site clean-up
*      Marking of lines
*      Providing and install thermoplastic striping

Type C Crosswalk Striping and Stop Bars (24" Wide): Shall include, but is not
limited to, the following items.

*      Pavement preparations
*      Disposing of excess materials and site clean-up
*      Marking of lines
*      Providing and install thermoplastic striping

Misc. Concrete Work: Shall include, but is not limited to, the following items.

*      Staking of lines and grades
*      Excavation/base preparation
*      Providing and placing steel reinforcing, single and double mats
*      Doweling into existing concrete

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*    Construction of expansion/control joints
*    Providing, placing and removing formwork
*    Providing, placing, finishing, and curing concrete
*    Disposing of excess materials and site clean-up
*    Demolition and disposal of existing asphalt
*    Backfill and slope accordingly
*    Return area to original condition using seeding and sod as necessary



                    ******** END OF SECTION ********




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                                   FEDERAL SUPPLEMENTAL CONDITIONS
                                       (CONSTRUCTION CONTRACTS)

                                               TABLE OF CONTENTS


1.    EQUAL EMPLOYMENT OPPORTUNITY. .................................................................... 23

2.    STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUC-
      TION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246). ........................ 24

3.    NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
      EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246). ................... 29

4.    LABOR PROVISIONS. ................................................................................................ 30

5.    TITLE VI COMPLIANCE. .............................................................................................. 37

6.    DISADVANTAGED BUSINESS ENTERPRISES (DBEs). ............................................. 39

7.    ENERGY CONSERVATION. ........................................................................................ 40

8.    MITIGATION OF ADVERSE ENVIRONMENTAL EFFECTS. ....................................... 40

9.    USE OF FLY ASH IN CEMENT AND CONCRETE....................................................... 41

10.   CLEAN AIR ACT .............................................................................................................41

11.   CLEAN WATER ACT. ................................................................................................... 42

12.   PATENT RIGHTS. ........................................................................................................ 42

13.   RIGHTS IN DATA. ........................................................................................................ 42

14.   PRIVACY. .................................................................................................................... 43

15.   AUDIT AND INSPECTION OF RECORDS. .................................................................. 44

16.   BUY AMERICA PROVISION. ....................................................................................... 45

17.   CARGO PREFERENCE. .............................................................................................. 45

18.   FLY AMERICA.................................................................................................................46

19.   DRUG-FREE WORKPLACE COMPLIANCE AND TESTING. ...................................... 46

20.   INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS............................ 47



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21.   POLITICAL ACTIVITY: LOBBYING. ............................................................................ 47

22.   CONFLICT OF INTEREST. .......................................................................................... 47

23.   SECTARIAN INVOLVEMENT PROHIBITED. ............................................................... 49

24.   DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. ....... 49

25.   BONDING. ................................................................................................................... 49

26.   BID PROTEST PROCEDURES.................................................................................... 50

27.   TERMINATION............................................................................................................. 51

28.   GENERAL REMEDIES/SANCTIONS FOR BREACH OF CONTRACT......................... 52

29.   LIQUIDATED DAMAGES. ............................................................................................ 52

30.   PROJECT SIGNS......................................................................................................... 52

31.   LEGAL AUTHORITY. ................................................................................................... 53

32.   INDEPENDENT CONTRACTOR. ................................................................................. 53

33.   COMMUNICATIONS. ................................................................................................... 53

34.   AMERICANS WITH DISABILITIES ACT COMPLIANCE. ............................................. 53

35.   PREFERENCES FOR RECYCLED PRODUCTS. ........................................................ 53

36.   SEISMIC SAFETY REQUIREMENTS. ......................................................................... 54

37.   HAZARDOUS MATERIALS. ......................................................................................... 54

38.   ENTIRE AGREEMENT. ................................................................................................ 55

39.   CONTINGENT ON FUNDING. ..................................................................................... 55

40.   NO GOVERNMENT OBLIGATION TO THIRD PARTIES. ........................................... 55

41.   PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND
      RELATED ACTS. ........................................................................................................ 55

42.   FEDERAL CHANGES. ................................................................................................ 56




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43.   FEDERAL TRANSIT ADMINISTRATION NATIONAL ITS ARCHITECTURE POLICY. .56

44.   SENSITIVE SECURITY INFORMATION………………..………….………………….……57

45.   SEAT BELT USE….…………………………………………………………….…………….57

46.   ACCESS FOR INDIVIDUALS WITH DISABILITIES…………………………….… ….... 57

47.   DISPUTES, BREACHES, DEFAULTS, OR OTHER LITIGATION.............................. .58

48.   EMPLOYEE PROTECTIONS ................................................................................... . 59

49.   INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS...................60

50.   SCHOOL AND CHARTER BUS REQUIREMENTS ......................................................61

51.   ROLLING STOCK ASSIGNABILITY CLAUSE .. ...........................................................61

52.   SPECIAL NOTIFICATION REQUIREMENTS FOR STATES..................................... ..61

53.   TEXTING WHILE DRIVING AND DISTRACTED DRIVING...........................................62




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                           FEDERAL SUPPLEMENTAL CONDITIONS
                              (CONSTRUCTION CONTRACTS)

          As used in these Supplemental Conditions, the term "RTA" shall refer to the
          Regional Transportation Authority in Corpus Christi, Texas, the term
          "Contractor" shall refer to the contractor named in the Contract to which
          these Supplemental Conditions are attached, and the term "FTA" shall refer
          to the Federal Transit Administration.

1.   EQUAL EMPLOYMENT OPPORTUNITY.

During the performance of the Contract, Contractor agrees as follows:

1.1 Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, disability, age, or national origin. Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, disability, age, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.

1.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, disability, age, or national origin.

1.3. Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, a notice to be provided advising
the said labor union or workers' representatives of Contractor's commitments under this Section
202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.

1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.

1.5. Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor pursuant
thereto, and will permit access to its books, records and accounts by the RTA, FTA and by the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.

1.6. In the event of Contractor's noncompliance with the nondiscrimination clauses of the
Contract or with any of the said rules, regulations or orders, the Contract may be canceled,
terminated, or suspended in whole or in part and Contractor may be declared ineligible for further
government contracts or federally-assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, as amended, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
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1.7. Contractor will include a citation to 41 C.F.R. Section 60-1.4(b)(1) and Section 60-1.4(c) and
the provisions of subsections 1.1 through 1.7 in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding
upon each subcontractor or vendor. Contractor will take such action with respect to any
subcontract or purchase order as the RTA or FTA may direct as a means of enforcing such provi-
sions, including sanctions for noncompliance; provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the RTA or FTA, Contractor may request the United States to enter into such
litigation to protect the interests of the United States.

Each of the above subsections 1.1 through 1.7 shall be included by Contractor in each of its
nonexempt contracts with any subcontractors.

2.   STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY                                CONSTRUCTION
     CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246).

2.1. AS USED IN THESE SPECIFICATIONS:

2.1.1. "Covered area" means the geographical areas described in the solicitation from which the
Contract resulted;

2.1.2. "Director" means Director, Office of Federal Contract Compliance Programs, U.S. Depart-
ment of Labor, or any person to whom the Director delegates authority;

2.1.3. "Employer identification number" means the federal Social Security Number used on the
employer's quarterly federal tax return, U.S. Treasury Department Form 941;

2.1.4. "Minority" includes:

2.1.4.1. Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);

2.1.4.2. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or
other Spanish culture or origin, regardless of race);

2.1.4.3. Asian and Pacific Islander (all persons having origins in any of the original Peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

2.1.4.4. American Indian or Alaskan Native (all persons having origins in any of the original
Peoples of North America and maintaining tribal affiliations through membership and participation
or community identification).

2.2. Whenever Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include on each subcontract in excess of
$10,000 the provisions of these specifications and the notice which contains the applicable goals
for minority and female participation and which is set forth in the solicitations from which the
Contract resulted.

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2.3. If Contractor is participating (pursuant to 41 C.F.R. Section 60-4.5) in a hometown plan
approved by the U.S. Department of Labor in the covered area, either individually or through an
association, its affirmative action obligations for all work in the plan area (including goals and
timetables) shall be in accordance with that plan for those trades which have unions participating
in the plan. Contractors must be able to demonstrate their participation in and compliance with
the provisions of any such hometown plan. Each Contractor or subcontractor participating in an
approved plan is individually required to comply with its obligations under the EEO clause, and to
make a good faith effort to achieve each goal under the plan in each trade in which it has
employees. The overall good faith performance by other contractors or subcontractors toward a
goal in an approved plan does not excuse any covered contractors or subcontractor's failure to
make good faith efforts to achieve the plan goals and timetables.

2.4. Contractor shall implement the specific affirmative action standards provided in subsections
2.7.1 through 2.7.16 of these specifications. The goals set forth in the solicitation from which the
Contract resulted are expressed as percentages of the total hours of employment and training of
minority and female utilization Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction
contractors performing construction work in geographical areas where they do not have a federal
or federally-assisted construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are published periodically in
the Federal Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from federal procurement contracting officers.
Contractor is expected to make substantially uniform progress toward its goal in each craft during
the period specified.

2.5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom Contractor has a collective bargaining agreement, to refer either minorities or women shall
excuse Contractor's obligations under these specifications, Executive Order 11246, or the regula-
tions promulgated pursuant thereto.

2.6. In order for the non-working training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by Contractor during the
training period, and Contractor must have made a commitment to employ the apprentices and
trainees at the completion of their training, subject to the availability of employment opportunities.
Trainees must be trained pursuant to training programs approved by the U. S. Department of
Labor.

2.7 Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of Contractor's compliance with these specifications shall be based upon its effort
to achieve maximum results from its actions. Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as extensive as the following:

2.7.1. Ensure and maintain a working environment free of harassment, intimidation, and coercion
at all sites, and in all facilities at which Contractor's employees are assigned to work. Contractor,
where possible, will assign two or more women to each construction project. Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are
aware of and carry out Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.



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2.7.2. Establish and maintain a current list of minority and female recruitment sources, provide
written notice to minority and female recruitment sources and to community organizations when
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.

2.7.3. Maintain a current file of the names, addresses and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a recruitment
source or community organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not referred
back to Contractor by the union or, if referred, not employed by Contractor, this shall be
documented in the file with the reason therefore, along with whatever additional actions
Contractor may have taken.

2.7.4. Provide immediate written notification to the director when the union or unions with which
Contractor has a collective bargaining agreement has not referred to Contractor a minority person
or woman sent by Contractor, or when Contractor has other information that the union referral
process has impeded Contractor's efforts to meet its obligations.

2.7.5. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and appren-
ticeship and trainee programs relevant to Contractor's employment needs, especially those
programs funded or approved by the Department of Labor. Contractor shall provide notice of
these programs to the sources compiled under subsection 2.7.2 above.

2.7.6. Disseminate Contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting Contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to all employees at each
location where construction work is performed.

2.7.7. Review, at least annually, Contractor’s EEO policy and affirmative action obligations under
these specifications with all employees having responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of these items with on-site
supervisory personnel such as superintendents, general foreman, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed, and disposition of
the subject matter.

2.7.8. Disseminate Contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
notification to and discussing Contractor's EEO policy with other contractors and subcontractors
with whom Contractor does or anticipates doing business.

2.7.9. Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, Contractor shall send written
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notification to organizations such as the above, describing the openings, screening procedures,
and tests to be used in the selection process.

2.7.10. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment to
minority and female youth on the site and in other areas of Contractor's workforce.

2.7.11. Validate all tests and other selection requirements where there is an obligation to do so
under 41 C.F.R. Section 60.3.

2.7.12. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare
for, through appropriate training, etc., such opportunities.

2.7.13. Ensure that seniority practices, job classifications, work assignments and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and employ-
ment related activities to ensure that the EEO policy and Contractor's obligations under these
specifications are being carried out.

2.7.14. Ensure that all facilities and company activities are non-segregated except that separate
or single user toilet and necessary changing facilities shall be provided to assure privacy between
sexes.

2.7.15. Document and maintain a record of all solicitations of offers for subcontractors and
suppliers, including circulation of solicitations to minority and female contractor associations and
other business associations.

2.7.16. Conduct a review, at least annually, of all supervisors' adherence to and performance
under Contractor's EEO policy and affirmative action obligations.

2.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations set forth in subsections 2.7.1 through 2.7.16.
The efforts of a contractor association, joint contractor-union, contractor community, or other
similar group of which Contractor is a member and participant, may be asserted as fulfilling any
one or more of its obligations under subsections 2.7.1 through 2.7.16 of these specifications,
provided that Contractor actively participates in the group, makes every effort to assure that the
group has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in Contractor's minority and female work-
force participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on
behalf of Contractor. The obligation to comply, however, is Contractor's and failure of such a
group to fulfill an obligation shall not be a defense for Contractor's noncompliance.

2.9. A single goal for minorities and a separate single goal for women have been established.
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non-
minority. Consequently, Contractor may be in violation of the Executive Order if a particular group
is employed in a substantially disparate manner (for example, even though Contractor has
achieved its goal for women generally, Contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).
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2.10.     Contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sex, disability, age, or national
origin.

2.11.   Contractor shall not enter into any subcontract with any person or firm debarred from
government contracts pursuant to Executive Order 11246.

2.12.     Contractor shall carry out such sanctions and penalties for violation of these specifi-
cations and of the equal opportunity clause, including suspension, termination and cancellation of
existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.

2.13.     Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
subsection 2.7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If Contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the director shall proceed
in accordance with 41 C.F.R. Section 60-4.8.

2.14.        Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating to
the provisions hereof as may be required by the FTA and to keep records. Records shall at least
include for each employee the name, address, telephone numbers, construction trade, union
affiliation, if any, employee identification number when assigned, Social Security Number, race,
sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.

2.15.      Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of requirements for
the hiring of local or other area residents (e.g., those under the Public Works Employment Act of
1977 and the Community Development Block Grant Program).

3.   NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOY-
     MENT OPPORTUNITY (EXECUTIVE ORDER 11246).

3.1. Contractor's attention is called to the "Equal Opportunity clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.

3.2. Goals and Timetables.

3.2.1. The goals and the timetables for minority and female participation, expressed in percent-
age terms for Contractor's aggregate workforce in each trade on all construction work in the
covered area, are as follows:

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GOALS FOR MINORITYGOALS FOR FEMALE
PARTICIPATION IN  PARTICIPATION IN
EACH TRADE            EACH TRADE

41.7%                                    6.9%

3.2.2. These goals are applicable to all Contractor's construction work (whether or not it is
federal or federally assisted) performed in the covered area. If Contractor performs construction
work in a geographical area located outside of the covered area, it shall apply the goals
established for such geographical area where the work is actually performed. With regard to this
second area, Contractor also is subject to the goals for both its federally involved and non-feder-
ally involved construction.

3.2.3. Contractor's compliance with the Executive Order and the regulations in 41 C.F.R. Part 60-
4 shall be based on its implementation of the equal opportunity clause, specific affirmative action
obligations required by the specifications set forth in 41 C.F.R. Section 60-4.3(a), and its efforts to
meet the goals. The hours of minority and female employment and training must be substantially
uniform throughout each trade, and Contractor shall make a good faith effort to employ minorities
and women evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from project to project for the sole purpose of meeting
Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulations in
41 C.F.R. Part 60-4. Compliance with the goals will be measured against the total work hours
performed.

3.3. Contractor shall provide written notification to the RTA within 10 working days of award of
any construction subcontract in excess of $10,000 at any tier for construction work under the
Contract resulting from this solicitation. The notification shall list the name, address and
telephone number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the
subcontract; and the geographical area in which the subcontract is to be performed.

3.4. As used in this notice, and in the Contract resulting from this solicitation, the "covered area"
is the City of Corpus Christi, Nueces County, Texas.

4.   LABOR PROVISIONS.

4.1. Minimum Wages.

4.1.1. All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the Project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act, 29 C.F.R.
Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at the time of payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between Contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R.
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Section 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly
period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without regard to skill,
except as provided in 29 C.F.R. Section 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for
the time actually worked therein; provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage determination,
including any additional classification and wage rates conformed under 29 C.F.R. Section 5.5(a)-
(1)(ii) and the Davis-Bacon Poster (WH-1321), shall be posted at all times by Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.

4.2. Classifications.

4.2.1. The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the Contract shall be classi-
fied in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following
criteria have been met:

4.2.2. The work to be performed by the classification requested is not performed by a classifi-
cation in the wage determination; and

4.2.3. The classification is utilized in the area by the construction industry; and

4.2.4. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable rela-
tionship to the wage rates contained in the wage determination.

4.2.5. If Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every addi-
tional classification action within 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that additional time is necessary.

4.2.6. In the event Contractor, laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination.               The
Administrator, or an authorized representative, will issue a determination within 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.

4.2.7. The wage rate (including fringe benefits where appropriate) determined pursuant to
29 C.F.R. Section 5.5(a)(i)(1)(B) or Section 5.5(a)(i)(1)(C), shall be paid to all workers performing
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work in the classification under the Contract from the first day on which work is performed in the
classification.

4.2.8 . Whenever the minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, Contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.

4.2.9. If Contractor does not make payments to a trustee or other third person, Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, provided, that the
Secretary of Labor has found, upon the written request of Contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require
Contractor to set aside in a separate account assets for the meeting of obligations under the plan
or program.

4.3. Withholding.

DOT shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from Contractor, under the Contract or any
other federal contract with the same contractor or any other federally-assisted contract subject to
Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much
of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by Contractor or any
subcontractor the full amount of wages required by the Contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the
site of the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the Project), all or part of the wages required by the
Contract, RTA or FTA may, after written notice to Contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.

4.4. Payrolls and Basic Records.

4.4.1. Payrolls and basic records relating thereto shall be maintained by Contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the Project). Such records
shall contain the name, address, and Social Security Number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R.
Section 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)-
(B) of the Davis-Bacon Act, Contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual costs incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written
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evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.

4.5. Submission of Records.

4.5.1. Contractor shall submit weekly for each week in which any Contract work is performed a
copy of all payrolls to FTA if FTA is a party to the Contract; but if FTA is not such a party,
Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be (the
RTA), for transmission to FTA. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under 29 C.F.R. Section 5.5(a)(3)(i). This informa-
tion may be submitted in any form desired. Optional form WH-347 is available for this purpose
and may be purchased from the Superintendent of Documents (Federal Stock No. 029-005--
000014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors.

4.5.2. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
Contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the Contract and shall certify the following:

4.5.3. That the payroll for the payroll period contains the information required to be maintained
under 29 C.F.R. Section 5.5(a)(3)(i) and that such information is correct and complete;

4.5.4. That each laborer or mechanic (including each helper, apprentice, and trainee) employed
on the Contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than the permissible deductions set forth at 29 C.F.R.
Part 3;

4.5.5. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the Contract.

4.5.6. The weekly submission of a properly executed certification set forth on the reverse side of
optional form WH-347 shall satisfy the requirement for submission of the "Statement of Compli-
ance" required by 29 C.F.R. Section 5.5(a)(3)(ii)(B).

4.5.7. The falsification of any of the above certifications may subject Contractor or subcontractor
to civil or criminal prosecution under 18 U.S.C. Section 1001 and 31 U.S.C. Section 3729.

4.5.8. Contractor or subcontractor shall make the records required under 29 C.F.R. Section
5.5(a)(3)(ii) available for inspection, copying, or transcription by authorized representatives of
FTA or the Department of Labor, and shall permit such representatives to interview employees
during working hours on the job. If Contractor or subcontractor fails to submit the required
records or make them available, FTA may, after written notice to Contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon request
or make such records available may be grounds for debarment action pursuant to 29 C.F.R.
Section 5.12.

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4.6. Apprentices and Trainees.

4.6.1. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship
agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not indi-
vidually registered in the program, but who has been certified by the Bureau of Apprenticeship
and Training or a state apprenticeship agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to Contractor as to the entire
workforce under the registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on
a project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determination for the applicable classifi-
cation. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringe benefits shall be paid in accordance with that determination. In
the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency
recognized by the Bureau, withdraws approval of an apprenticeship program, Contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.

4.6.2. Trainees. Except as provided in 29 C.F.R Section 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the
plan approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination, which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of the
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ratio permitted under the registered program shall be paid not less than the applicable wage rate
on the wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.

4.6.3. Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 C.F.R. Part 30.

4.6.4 . Compliance With Copeland Act Requirements. Contractor shall comply with the require-
ments of 29 C.F.R. Part 3, which are incorporated herein by reference.

4.6.5. Contract Termination: Debarment. A breach of the contract clauses in 29 C.F.R. Sec-
tion 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a
subcontractor as provided in 29 C.F.R. Section 5.12.

4.6.6    Compliance with Davis-Bacon and Related Act Requirements.              All rulings and
interpretations of the Davis-Bacon and related acts contained in 29 C.F.R. Parts 1, 3, and 5 are
incorporated herein by reference.

4.6.7. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of the Contract shall not be subject to the general disputes clause of the Contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 C.F.R. Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.

4.7. Certification of Eligibility.

4.7.1. By entering into a third-party contract financed under this Project, Contractor certifies that
neither it (nor he or she) nor any person or firm that has an interest in Contractor's firm is a
person or firm ineligible to be awarded government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 C.F.R. Section 5.12(a)(1).

4.7.2. No part of the Contract shall be subcontracted to any person or firm ineligible for award of
a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 C.F.R
Section 5.12(a)(1).

4.7.3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
Section 1001.

4.8. Overtime Requirements. No contractor or subcontractor contracting for any part of the
Contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any work week in which he or she is employed
on such work to work in excess of forty hours in the work week unless such laborer or mechanic
received compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such work week.



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4.9. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of
the requirements of 29 C.F.R. Section 5.5(b)(1), Contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done under Contract for the District of
Columbia or a territory, to such district or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of 29 C.F.R. Section 5.5(b)(1) in the sum
of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard work week of forty hours without payment of the overtime wages required
by 29 C.F.R. Section 5.5(b)(1).

4.10. Withholding For Unpaid Wages And Liquidated Damages. FTA or the RTA shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any monies payable on account of work performed by
Contractor or subcontractor under any such contract or any other federal contract with the same
prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth at 29 C.F.R. Section 5.5(b)(2).

4.11. Subcontracts. Contractor or any subcontractor shall insert in any subcontracts the clauses
set forth in subsections 4.1 through 4.12 of this section and also a clause requiring the subcon-
tractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
subsections 4.1 through 4.12 of this section.

5.   TITLE VI COMPLIANCE.

During the performance of the Contract, Contractor, for itself, its assignees and successors in
interest, agrees as follows:

5.1. Compliance with Regulations. Contractor shall comply with the regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter "USDOT") Title 49 C.F.R. Part 21, as they may be amended from time to time
(hereinafter referred to as the "Regulations"), which are herein incorporated by reference and
made a part of the Contract.

5.2. Nondiscrimination. Contractor, with regard to the work performed by it during the Contract,
shall not discriminate on the grounds of race, religion, color, sex, disability, age, or national origin
in the selection and retention of subcontractors, including procurements of materials and leases
of equipment. Contractor shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.

5.3. Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by Contractor for work to be per-
formed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations
under the Contract and the Regulations relative to nondiscrimination on the grounds of race,
religion, color, sex, disability, age, or national origin.
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5.4. Information and Reports. Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the RTA or FTA
to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where
any information is required or a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, Contractor shall so certify to the RTA or FTA, as appropriate,
and shall set forth what efforts it has made to obtain the information.

5.5. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondis-
crimination provisions of the Contract, the RTA shall impose such contract sanctions as it or FTA
may determine to be appropriate, including, but not limited to:

5.5.1.     Withholding of payments to Contractor under the Contract until Contractor complies,
and/or

5.5.2.     Cancellation, termination or suspension of the Contract, in whole or in part.

5.6. Incorporation of Provisions. Contractor shall include the provisions of subsections 5.1
through 5.5 of this section in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
Contractor shall take such action with respect to any subcontract or procurement as the RTA or
FTA may direct as a means of enforcing such provisions including sanctions for noncompliance;
provided, however, that, in the event a Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, Contractor may request the
RTA to enter into such litigation to protect the interests of the RTA, and, in addition, Contractor
may request the services of the U.S. Attorney General in such litigation to protect the interests of
the United States.

6.   DISADVANTAGED BUSINESS ENTERPRISES (DBEs).

6.1. Policy. It is the policy of USDOT and the RTA that disadvantaged business enterprises as
defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the perfor-
mance of contracts financed in whole or in part with federal funds under the Contract. Conse-
quently, the DBE requirements of 49 C.F.R. Part 26 applies to the Contract.

6.2. DBE Obligation. The RTA and Contractor agree to ensure that DBE contractors and
subcontractors as defined in 49 C.F.R. Part 26 have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with federal funds
provided under the Contract. In this regard, the RTA and Contractor shall take all necessary and
reasonable steps in accordance with 49 C.F.R. Part 26 and this provision to ensure that DBEs
have the maximum opportunity to compete for and perform contracts. Neither the RTA nor its
Contractor shall discriminate on the basis of race, creed, color, national origin, disability, age, or
sex in the award and performance of USDOT-assisted contracts.

6.3. All determinations of compliance or noncompliance shall be made by the RTA as provided
herein. All such determinations shall be final and binding, except that an appeal from an adverse
decision by the RTA may be taken by the affected DBE contractor to USDOT to the extent
provided under 49 C.F.R. Section 26.89. Nothing hereby shall be construed to diminish the legal
responsibility or authority of the RTA. Failure to carry out the requirements set forth in 49 C.F.R.
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Part 26 and in this provision shall constitute a breach of the Contract, and, after notification to
USDOT, may result in termination of the Contract or such other remedies as the RTA deems
appropriate.

6.4. For all contracts for which contract goals have been established, the apparent successful
competitor will be required to submit DBE participation information to the RTA, and the award of
the contract will be conditioned upon satisfaction of the requirements established by the RTA
pursuant to this subsection. The apparent successful competitor's submission shall include the
following information:

6.4.1. The names and addresses of DBE firms that will participate in the Contract;

6.4.2. A description of the work each named DBE firm will perform;

6.4.3. The dollar amount of participation by each named DBE firm.

6.5. Prompt Payment of Subcontractors.

6.5.1. Contractor shall pay each of its subcontractors for satisfactory performance of its
subcontract no less than twenty (20) days from the date of receipt of each payment made by RTA
to Contractor. Contractor also shall promptly return retainage payments from Contractor to each
of its subcontractors within twenty (20) days after the subcontractor’s work is satisfactorily
completed.

6.5.2. Failure to comply with the requirements of this provision may result in the levy of a penalty
by the RTA in the amount of four percent (4%) of the late payment. Delays in payment may take
place upon a showing of good cause, which good cause must be approved in writing by the RTA
in advance.

6.5.3. Contractor agrees to include in its subcontracts language providing for alternative dispute
resolution to resolve payment disputes through the Nueces County Dispute Resolution Services
or alternative means acceptable to the RTA.

6.5.4. Contractor shall not be reimbursed for any work performed by subcontractors unless and
until Contractor ensures that the subcontractors are promptly paid for the work they have
performed.

6.5.5. Contractor shall include the substance of this clause in any subcontract with a party which
may be using a subcontractor for the performance of any of the work under this Contract.

7.   ENERGY CONSERVATION.

Contractor shall recognize mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act, 42 U.S.C. Section 6321, et seq.




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8.   MITIGATION OF ADVERSE ENVIRONMENTAL EFFECTS.

Should the proposed Project cause adverse environmental effects, Contractor shall take all
responsible steps to minimize such effects pursuant to 49 U.S.C. Section 303, 49 U.S.C. Section
5303, other applicable statutes, and the procedures set forth in 23 C.F.R. Part 771. Contractor
shall undertake all environmental mitigation measures that may be identified in applicable
environmental documents such as environmental assessments, environmental impact
statements, memoranda of agreements, Section 4(f) statements, and with any conditions
imposed by FTA as part of a finding of no significant impact or a record of decision; all such
mitigation measures are incorporated in and made part of the Contract by reference. Such
mitigation measures may not be modified or withdrawn without the express written approval of the
RTA and FTA.

9.   USE OF FLY ASH IN CEMENT AND CONCRETE.

Contractor shall make all appropriate efforts to foster the use of fly ash in cement and concrete, in
carrying out the Project, substantially in compliance with EPA Guidelines set forth at 40 C.F.R.
Part 247. Should Contractor make a determination that the use of fly ash is inappropriate in a
particular procurement of cement or concrete, Contractor shall provide the RTA and FTA a written
justification to support that decision.

10. CLEAN AIR ACT.

Except to the extent the Federal Government determines otherwise in writing, the Contractor
agrees to comply with all applicable Federal laws and regulations and follow applicable Federal
directives implementing the Clean air Act, as amended, 42 U.S.C. Section 7401 through 7671q.
Specifically:

     10.1 The Contractor agrees to comply with the applicable requirements of subsection 176(c)
of the Clean air Act, 42 U.S.C. Section 7506 (c); to comply with U.S. EPA regulations,
“Determining Conformity of Federal Actions to State or Federal Implementation Plans,” 40 C.F.R.
Part 93, Subpart A; and to comply with any other applicable Federal conformity regulations that
may be promulgated at a later date. To Support the requisite air quality conformity finding for the
Project, the Contractor agrees to implement each air quality mitigation or control measure
incorporated in the applicable documents accompanying approval of the Project. The Contractor
further agrees that any Project identified in an applicable State Implementation Plan (SIP) as a
Transportation control Measure will be wholly consistent with the design concept and scope of the
Project described in the SIP.

     10.2 U.S. EPA also imposes requirements implementing the Clean Air Act, as amended,
that may apply to public transportation operators, particularly operators of large public
transportation bus fleets. Accordingly, to the extent they apply to the Project, the Contractor
agrees to comply with U.S. EPA regulations, “Control of air Pollution from New and In-Use Motor
Vehicles and New and In-Use Motor Vehicle Engines,” 40 C.F.R. Part 86; and U.S. EPA
regulations “Fuel Economy of Motor Vehicles,” 40 C.F.R. Part 600, and any revisions thereto.

     10.3 The Contractor agrees to comply with the notice of violating facility provisions of
section 306 of the Clean Air Act, as amended, 42 U.S.C. Section 7414, and facilitate compliance
with Executive Order No. 11738, “Administration of the Clean air Act and the Federal Water
Pollution control Act with Respect to Federal Contracts, Grants, or Loans, “ 42 U.S.C. Section
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7606 note.

11. CLEAN WATER ACT

Except to the extent the Federal Government determines otherwise in writing, the Contractor
agrees to comply with all applicable Federal laws and regulations and follow applicable Federal
directives implementing the Clean Water Act, as amended, 33 U.
S.C. Section 1251 through 1377. Specifically:

11.1 The Contractor agrees to protect underground sources of drinking water in compliance with
the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. Section 300f through 300j-6.

11.2 The Contractor agrees to comply with the notice of violating facility provisions of section 508
of the Clean Water Act, as amended, 33 U.S.C. Section 1368, and facilitate compliance with
Executive Order No. 11738, “Administration of the Clean Air Act and the Federal Water Pollution
control Act with Respect to Federal Contracts, Grants, or Loans,” 42 U.S.C. Section 7606 note.

12. PATENT RIGHTS.

If any invention, improvement, or discovery of Contractor is conceived or first actually reduced to
practice in the course of or under this Project, which invention, improvement, or discovery may be
patentable under the laws of the United States of America or any foreign country, Contractor shall
immediately notify the RTA and FTA and provide a detailed report. The rights and responsibilities
of Contractor, the RTA and FTA with respect to such invention, improvement, or discovery will be
determined in accordance with applicable federal laws, regulations, policies, and any waiver
thereof.

13. RIGHTS IN DATA.

13.1.        The term "subject data" as used herein means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the Contract. The term includes
graphic or pictorial delineations in media such as drawings or photographs; text in specifications
or related performance or design-type documents; machine forms such as punched cards,
magnetic tape, or computer memory printouts; and information retained in computer memory.
Examples include, but are not limited to: computer software, engineering drawings and associat-
ed lists, specifications, standards, process sheets, manuals, technical reports, catalog item
identifications, and related information. The term does not include financial reports, costs
analyses, and similar information incidental to Contract administration.

13.2.      All "subject data" first produced in the performance of the Contract shall be the sole
property of the RTA and FTA. Contractor agrees not to assert any rights at common law or equity
and agrees not to establish any claim to statutory copyright in such data. Except for its own
internal use, Contractor shall neither publish nor reproduce such data in whole or in part, or in any
manner or form, nor authorize others to do so, without the written consent of the RTA and FTA
until such time as the RTA and FTA may have released such data to the public; this restriction,
however, does not apply to contracts with academic institutions.

13.3.      Contractor agrees to grant and does hereby grant to the RTA and FTA and to their
officers, agents, and employees acting within the scope of their official duties, a royalty-free,
nonexclusive, irrevocable license throughout the world:
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13.3.1. To publish, translate, reproduce, deliver, perform, use and dispose of, in any manner, any
and all data not first produced or composed in the performance of the Contract but which is
incorporated in the work furnished under the Contract; and

13.3.2. To authorize others so to do.

13.4.      Contractor shall indemnify, save and hold harmless the RTA and FTA, their officers,
agents, and employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting from any willful or intentional violation by the RTA or FTA
of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, performance, use, or disposition of any data furnished under the Contract.

13.5. Nothing contained in this clause shall imply a license to the RTA or FTA under any patent
or be construed as affecting the scope of any license or other right otherwise granted to the RTA
or FTA under any patent.

13.6. Subsections 12.3 and 12.4 above of the Contract are not applicable to material furnished to
Contractor by the RTA or FTA and incorporated in the work furnished under the Contract;
provided that such incorporated material is identified by the RTA at the time of delivery of such
work.

13.7. In the event that the Project, which is the subject of the Contract, is not completed, for any
reason whatsoever, all data generated for the Project shall become subject data as defined in
Section 12.1 of the Contract and shall be delivered as the RTA and FTA may direct.

14. PRIVACY.

14.1.     Contractor agrees:

14.1.1. To comply with the Privacy Act of 1974, 5 U.S.C. Section 552a (the “Privacy Act”) and
regulations there under, when performance under the Contract involves the design, development,
or operation of any system of records on individuals to be operated by Contract or its employees
to accomplish a governmental function;

14.1.2. To notify the RTA and FTA when Contractor anticipates operating a system of records on
behalf of the RTA in order to accomplish the requirements of the Contract, if such system
contains information about individuals, which information will be retrieved by the individual's name
or other identifier assigned to the individual. A system of records subject to the Privacy Act may
not be employed in the performance of the Contract until the necessary approval and publication
requirements applicable to the system have been carried out. Contractor agrees to correct, main-
tain, disseminate, and use such records in accordance with the requirements of the Privacy Act,
and to comply with all applicable requirements of the Privacy Act;

14.1.3. To include the Privacy Act Notification contained in the Contract in every third party con-
tract solicitation and in every third party contract when the performance of work under that
proposed third party contract may involve the design, development, or operation of a system of
records on individuals to be operated under the contract to accomplish a governmental function;
and

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14.1.4. To include this clause, including this subsection, in all third party contracts under which
work for the Contract is performed or which is awarded pursuant to the Contract or which may
involve the design, development, or operation of such a system of records on behalf of the RTA.

In addition, failure to comply with the provisions of the Privacy Act or of this clause will make the
Contract subject to termination.

14.2. The terms used in this clause have the following meanings:

14.2.1. "Operation of a system of records" means performance of any of the activities associated
with maintaining the system of records on behalf of the RTA, including collection, use and
dissemination of records.

14.2.2. "Record" means any item, collection, or grouping of information about an individual that is
maintained by Contractor on behalf of the RTA, including, but not limited to, his education, finan-
cial transactions, medical history, and criminal or employment history and that contains his name,
or the identifying number, symbol, or other identifying particular assigned to the individual, such
as a finger or voice print or a photograph.

14.2.3. "System of records" on individuals means a group of any records under the control of
Contractor on behalf of the RTA from which information is retrieved by the name of the individual
or by some identifying number, symbol or other identifying particular assigned to the individual.

15. AUDIT AND INSPECTION OF RECORDS.

Contractor agrees that the RTA, FTA, the Comptroller General of the United States, or any of
their duly authorized representatives, shall, for the purpose of audit and examination, be
permitted to inspect all work, materials, payrolls, and other data and records with regard to the
Project, and to audit the books, records and accounts with regard to the Contract. Further,
Contractor agrees to maintain all required records for at least three years after grantees make
final payments and all other pending matters are closed.

Contractor agrees to require, and assures that its subcontractors require, their third party
contractors and third party subcontractors at each tier to provide to the U.S. Secretary of
Transportation and the Comptroller General of the United States or their duly authorized
representatives, access to all third party contract records as required by 49 U.S.C. Section
5325(g). the Contractor further agrees to require and assures that its subcontractors require,
their third party contractors and third party subcontractors, at each tier, to provide sufficient
access to third party procurement records as needed for compliance with Federal laws and
regulations or to assure proper Project management as determined by FTA.

16. BUY AMERICA PROVISION. (Required for contracts over $100,000.)

The Contract is subject to the Federal Transit Administration Buy America Requirements in 49
C.F.R. 661. A Buy America Certificate, as per the following format, must be completed and
submitted with the bid for all bids with a value greater than $100,000 for construction or
manufactured goods. A bid which does not include the certificate will be considered non-
responsive. A waiver from the Buy America Provision may be sought by the RTA if grounds for
the waiver exist. Section 165(a) of the Surface Transportation Assistance Act of 1982 permits

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FTA participation on the Contract only if steel, cement, and manufactured products used in the
contract are produced in the United States.

17. CARGO PREFERENCE.

To the extent applicable, the Contractor agrees to comply with 46 U.S.C. and 55305 and U. S.
Maritime Administration Regulations, “Cargo Preference-U.S.-Flag Vessels,” 46 C. F. R. Part 381.

Use of United States-Flag Vessels: (Applies to contracts involving equipment, materials, or
commodities which may be transported by ocean vessels).

Contractor agrees:

17.1.      To utilize privately owned United States-flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this
section, to the extent such vessels are available at fair and reasonable rates for United States-
flag commercial vessels.

17.2.      To furnish one legible copy of a rated on-board ocean bill of lading for each shipment to
both (i) the RTA and (ii) the Office of Cargo Preference, Maritime Administration (MAR-590), 400
Seventh Street, SW, Washington, DC 20590. Subcontractor bills of lading shall be submitted
through Contractor. Contractor shall furnish these bill of lading copies (i) within 20 working days
of the date of loading for shipments originating in the United States, or (ii) within 30 working days
for shipments originating outside the United States. Each bill of lading copy shall contain the
following information: (A) Sponsoring U.S. Government agency. (B) Name of vessel. (C) Vessel
flag of registry. (D) Date of loading. (E) Port of loading. (F) Port of final discharge. (G) Description
of commodity. (H) Gross weight in pounds and cubic feet if available. (I) Total ocean freight
revenue in U.S. dollars.

      17.3. To insert the substance of the provisions of this clause in all subcontracts issued
             pursuant to the Contract.

18.    FLY AMERICA.

The contractor understands and agrees that the Federal Government will not participate in the
costs of international air transportation of any individuals involved in or property acquired for the
Project unless that air transportation is provided by U.S.-flag air carriers to the extent such
service is available, in compliance with section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. Section 40118, and U.S. GSA
regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. Section 301-10.131 through 301-
10.143.

19. DRUG-FREE WORKPLACE COMPLIANCE AND TESTING.

19.1. (This subsection only applies to contracts in excess of $25,000). Contractor agrees to
comply with the Drug-Free Workplace Act and certifies as follows:




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19.1.1. Contractor has published a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited in the
workplace, and specifying the consequences of any such employee violation.

19.1.2. Contractor has established a drug-free awareness program to inform employees of the
dangers of drug abuse in the workplace, Contractor's policy of maintaining a drug-free workplace,
the availability of counseling, rehabilitation and employee assistance programs, and the penalties
which may be imposed for drug abuse violation.

19.1.3. Contractor has given a copy of the policy statement to each of Contractor's employees
engaged in the performance of the Contract.

19.1.4. Contractor has notified the employees in such statement that, as a condition for
employment under the Contract, the employee will abide by the terms of the statement and notify
Contractor of any conviction or violation of a criminal drug statute in the workplace no later than 5
days after the conviction.

19.1.5. Contractor shall notify the RTA within 10 days after receipt of notice of a conviction of an
employee.

19.1.6. Contractor agrees to take disciplinary action against any employee convicted for violation
of any criminal drug statute in the workplace or require such employee's participation in a drug
abuse assistance or rehabilitation program.

19.1.7. Contractor shall make a good faith effort to continue to maintain a drug-free workplace.

19.2. Contractor shall comply with the requirements of the drug and alcohol testing of employees
engaged in safety sensitive functions, 49 C.F.R. Part 655.

20. INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS.

In accordance with 18 U.S.C. Section 431, no member of, or delegates to, the Congress of the
United States shall be admitted to a share or part of the Contract or to any benefit arising there
from.

21. POLITICAL ACTIVITY: LOBBYING. (Required for contracts over $100,000.)

No funds provided under this Contract may be used in any way for influencing or attempting to
influence in any manner an officer or employee of any agency, state or local legislatures, a
Member of Congress or their employees, or an officer or employee of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, load, or cooperative
agreement. If any funds other than Federal appropriated funds have been paid or will be paid for
such activities, Contractor or any subcontractor at any tier of a project expending such funds shall
complete and submit Standard Form-LLL “Disclosure Form to Report Lobbying” in accordance
with its instructions. Contractor shall comply with requirements of “New Restrictions on
Lobbying”: Certification and Disclosure Requirements imposed by 49 C.F.R. Part 20.

22.    CONFLICTS OF INTEREST.
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22.1. General. No employee, officer, board member, or agent of RTA shall participate in
selection or in the award or administration of the Contract if a conflict of interest, real or
apparent, would be involved. Such conflict would arise when any one of the following
parties has a substantial interest in the Contract:

An RTA employee, officer, or board member;

Any relative of one of the above who is a Spouse, father, mother, brother, sister, son,
      daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-
      law, son-in-law, daughter-in-law, with adoptive relationships and step-parents, step-
      siblings and step-children being treated the same as natural relationships; and

Any corporation, firm or other organization which employs, or is about to employ any of
      the above persons.

22.2. Gratuities. RTA’s officers, employees, board members or agents shall neither
solicit nor accept gratuities, favors or anything of monetary value from contractors,
potential contractors, or parties to subcontracts.

22.3. Organizational Conflicts. RTA awards contracts only to contractors who do not give rise
to a potential organizational conflict of interest as defined in its procurement policy and the
definition below, which states:

"An 'organizational conflict of interest' exists when the nature of the work to be performed
        under a proposed RTA contract may, without some form of restriction on future
        activities, (a) result in an unfair competitive advantage to Contractor or (b) impair
        Contractor's objectivity in performing the contract work."

       22.3.1. Contractor agrees to notify RTA, in writing, within five (5) working days after it
       becomes aware of any potential or actual organizational conflict of interest pursuant to the
       above. Contractor has the responsibility of formulating and forwarding a proposed
       mitigation plan to the Contracting Officer for review and consideration.

       22.3.2. Contractor agrees to notify RTA, in writing within thirty (30) calendar days of the
       effective date of any corporate mergers, acquisitions, and/or divestures that may affect
       this provision.

       22.3.3.          Contractor’s misrepresentation of facts in connection with a conflict of
       interest reported or a Contractor’s failure to disclose a conflict of interest as required shall
       be a basis for default termination of the Contract.

22.4. Use of Information. Contractor may have access to confidential and/or sensitive RTA
information in the course of Contract performance. Additionally, Contractor may be provided
access to proprietary information obtained from other contracted entities during Contract
performance. To the extent that Contractor either (1) uses confidential and/or sensitive RTA
information, or proprietary information obtained from other RTA contractors, to develop any form
of document, report, or concept plan that is determined by the Contracting Officer to be the basis,
in whole or in part, of any subsequent competitive solicitation issued by RTA, or (2) develops
written specifications that are used in any subsequent competitive solicitation issued by RTA,
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Contractor agrees that it shall not be eligible to compete for such subsequent competitive
solicitation(s) as a prime contractor or first-tier subcontractor, or as part of any teaming
arrangement, unless the Contracting Officer provides, in writing, a specific waiver of this
restriction.

23. SECTARIAN INVOLVEMENT PROHIBITED.

Contractor shall ensure that no funds under the Contract are used directly or indirectly in the
support of any religious or anti-religious activity, worship or instruction.

24. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION.

The Contractor agrees to comply, and assures the compliance of each subcontractor, lessee,
third party contractor, or other participant at any tier of the Project, with Executive Orders Nos
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. Section 6101 note, and U.S. DOT
regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts
and supplements the provisions of U. S. Office of Management and Budget (U.S. OMB)
“Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2
C.F.R. Part 180. The Contractor agrees to, and assures that its subcontractors, lessees, third
party contractors, and other participants at any tier of the Project will, review the “Excluded
Parties Listing System” at http://epls.gov/ before entering into any subagreement, lease, third
party contract, or other arrangement in connection with the Project.

25. BONDING.

(These provisions are applicable if the total contract amount exceeds $25,000.)

25.1.      A bid guarantee is required from each bidder equivalent to five percent of the bid price.
The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or
other negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of its bid, execute such contractual documents as may be required within the time
specified.

25.2.       A payment bond is required on the part of Contractor for 100 percent of the Contract
price. A "payment bond" is one executed in connection with a contract to assure payment as
required by law of all persons supplying labor and material in the execution of the work provided
for in the Contract.

25.3.     For contracts exceeding $100,000, a performance bond is required on the part of
Contractor for 100 percent of the Contract price. A "performance bond" is one executed in
connection with a contract to secure fulfillment of all Contractor's obligations under such Contract.

25.4.       All of the above-mentioned bonds shall be issued by a surety company licensed to do
business in Texas acceptable to the RTA. The attorney-in-fact who executed the bond on behalf
of the surety shall affix to the bond an original or certified, current copy of his or her power of
attorney, indicating the monetary limit of such power.

26. BID PROTEST PROCEDURES.



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26.1.      An appeal of any decision made by the RTA under its bidding procedures may be
made by notifying the RTA's Chief Executive Officer, in writing, within five (5) business days fol-
lowing the action being appealed. The appeal shall state the name and address of the protestor,
refer to the Project number and description of the solicitation, and contain a statement of the
grounds for protest and any supporting documentation. Any appeals received by the RTA later
than five (5) business days after the appealed action will not be considered. The RTA's Chief
Executive Officer shall respond in writing to any such appeal within five (5) business days from
the date the protest is submitted.

26.2.       The RTA shall not award any Contract during the five-day period following its decision
on a bid protest provided in subsection 24.3 below except in accordance with the provisions and
limitations of Circular 4220.1F. After the five-day period, the RTA shall confirm with FTA that FTA
has not received a protest on the contract in question.

26.3. In the event a bidder should be dissatisfied with the RTA's decision, an appeal may be
made to FTA. Such appeal shall be filed in writing with the FTA Regional Office no later than five
(5) days after the final determination by the RTA, and a copy of any such appeal must be
concurrently sent to the RTA. Please note that the five (5) days allowed in this subsection refer to
working days of the federal government. The appeal filed with FTA shall include:

the name and address of the protestor;

the name of the RTA, the Project number and the number of the solicitation;

a statement of the grounds for the protest and any supporting documentation (this statement
    should detail the alleged failure to follow proper contracting or protest procedures or the al-
    leged failure to have protest procedures and be fully supported to the extent possible); and

a copy of the protest filed with the RTA, and a copy of the RTA's decision.

26.4. Upon appeal to FTA under these procedures, the RTA shall either (a) suspend all proceed-
ings under the solicitation documents and give notice that the bid date, bid opening, or contract
award (whichever is applicable) has been rescheduled or indefinitely postponed pending FTA
action on the protest, or (b) continue the contracting proceedings as scheduled if any of the
following elements are present: the items to be procured are urgently required, delivery or
performance will be unduly delayed by failure to make the award promptly, or failure to promptly
award will otherwise cause undue harm to the RTA or FTA. In the event the RTA determines that
the contracting procedures should be continued as scheduled during the pendency of the appeal,
the RTA will notify FTA of such decision prior to making such award.

26.5. Any review, by an entity other than FTA, of the RTA's decision on a bid protest shall be
based upon the substantial evidence rule. The sole criteria to be used in determining whether or
not the RTA's decision should be upheld shall be whether or not substantial evidence can be
shown to support the RTA's decision.

26.6. Upon request, the RTA will provide a bidder with a copy of the bid protest procedures
issued by FTA to all federal grantees under Circular 4220.1F.




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27. TERMINATION.

27.1.      Termination for Convenience. The RTA may terminate the Contract, in whole or in
part, at any time by written notice to Contractor. Contractor shall be paid its costs, including
Contract close-out costs, and profit on work performed up to the time of termination. Contractor
shall promptly submit its termination claim to RTA to be paid. If Contractor has any property in its
possession belonging to the Authority, Contractor will account for the same, and dispose of it in
the manner the Authority directs.

27.2.      Termination for Default. If Contractor does not deliver supplies in accordance with the
Contract delivery schedule, or, if the Contract is for services, Contractor fails to perform in the
manner called for in the Contract, or if Contractor fails to comply with the other provisions of the
Contract, the RTA may terminate the Contract for default. Termination shall be effected by
serving a notice of termination on Contractor setting forth the manner in which Contractor is in
default. Contractor will only be paid Contractor price for supplies delivered and accepted, or
services performed in accordance with the manner of performance set forth in the Contract.

If it is later determined by the RTA that Contractor had an excusable reason for not performing,
such as a strike, fire, flood, or events which are not the fault of or are beyond the control of
Contractor, the RTA, after setting up a new delivery of performance schedule, may allow
Contractor to continue work, or treat the termination as a termination for convenience.

27.3.      Termination for Cost-Type Contracts. The RTA may terminate cost-type contracts, or
any portions of same, by serving a notice of termination on Contractor. The notice shall state
whether the termination is for convenience of the RTA or for the default of Contractor. If the
termination is for default, the notice shall state the manner in which Contractor has failed to
perform the requirements of the Contract. Contractor shall account for any property in its
possession paid from funds received from the RTA or property supplied to Contractor by the RTA.
If the termination is for default, the RTA may fix the fee, if the Contract provides for a fee, to be
paid Contractor in proportion to the value, if any, of work performed up to the time of termination.
Contractor shall promptly submit its termination claim to the RTA.

If the termination is for the convenience of the RTA, Contractor shall be paid its Contract close-
out costs, and a fee, if the Contract provided for payment of a fee, in proportion of the work
performed up to the time of termination.

If after serving a notice of termination for default, the RTA determines that Contractor has an
excusable reason for not performing, such as strike, fire, flood, or events which are not the fault of
and are beyond the control of Contractor, the RTA, after setting up a new work schedule, may
allow Contractor to continue work, or treat the termination as a termination for convenience.

28. GENERAL REMEDIES/SANCTIONS FOR BREACH OF CONTRACT

In the event of any default under the Contract, the RTA may take whatever action at law or
in equity as may appear necessary or desirable to enforce performance and observance of
any obligations, agreement, or covenant of Contractor under the Contract. No remedy
herein conferred upon or reserved to the RTA is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under the Contract or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or
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power accruing upon default shall impair any such right or power or shall be construed to
be a waiver thereof, but any such right or power may be exercised from time to time and
as often as may be deemed expedient. In order to entitle the RTA to exercise any remedy
reserved to it in this section, it shall not be necessary to give any notice other than such
notice as may be herein expressly required. In the event any provision, covenant, or
agreement contained in the Contract should be breached by Contractor and thereafter
waived by the RTA, such waiver shall be limited to the particular breach so waived and
shall not be deemed to waive any other breach hereunder.

29. LIQUIDATED DAMAGES

The time of completion is the essence of the Contract. For each day that any work shall remain
uncompleted after the time specified in the Contract, or any increase in time granted by the RTA
or due to additions to the work, the sum specified in the Bid Documents per day will be deducted
from the monies due Contractor, not as a penalty but as liquidated damages. Such sum of
money so deducted for such delay, failure or non-completion shall be treated as reasonable
liquidated damages since it would be impracticable and extremely difficult to fix an amount of
actual damages suffered by the RTA. Any such amount of liquidated damages shall be deducted
from any amounts owing to Contractor.

30. PROJECT SIGNS.

Contractor shall erect at the site of construction, and maintain during construction, signs satisfac-
tory to US DOT identifying the Project and indicating that FTA is participating in the development
of the Project.

31. LEGAL AUTHORITY.

Contractor assures and guarantees that it possesses the legal authority to enter into the Contract,
to receive the funds authorized by the Contract, and to perform the services Contractor has
obligated itself to perform under the Contract. The person signing the Contract on behalf of
Contractor hereby warrants that he/she has been fully authorized by Contractor to execute the
Contract on behalf of Contractor and to validly and legally bind Contractor to all the terms,
performances and provisions herein set forth.

32. INDEPENDENT CONTRACTOR.

It is expressly understood and agreed by both parties that the RTA is contracting with Contractor
as an independent contractor. No provision of the Contract or act of the RTA in performance of
the Contract shall be construed as making Contractor the agent, servant or employee of the RTA;
employees of Contractor are not employees of the RTA; and Contractor is solely responsible for
employee payrolls and claims arising there from.

33.    COMMUNICATIONS.

All notices and requests given to or made upon the parties hereto shall, except as otherwise
specified herein, be in writing and shall be delivered or mailed to such party at the notice
addresses specified in the Contract. The parties hereto may change their notice addresses upon
five (5) days notice to the other party. Any notices or requests shall be deemed given upon

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       actual delivery or depositing the same with the U.S. mail, properly addressed, postage prepaid,
       certified mail, return receipt requested.

       34. AMERICANS WITH DISABILITIES ACT COMPLIANCE.

       Contractor, with regard to compliance with the plans and specifications and the work performed
       by it during the contract, shall comply with the regulations relative to the access requirements for
       persons with disabilities in federally-assisted programs of the US DOT, Americans with
       Disabilities Act of 1990 (ADA), 42 U.S.C. Section 12101, as amended and Section 504 of the
       Rehabilitation Act of 1973, as amended, which are herein incorporated by reference and made a
       part of the Contract.

       35. PREFERENCES FOR RECYCLED PRODUCTS.

(Applies to all contracts for items designated by the EPA, when procurement is made of $10,000
       or more of one of these items during a fiscal year, using Federal funds). The Contractor
       agrees to comply with all the requirements of Section 6002 of the Resource Conservation and
       Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
       provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of
       the items designated in Subpart B of 40 CFR Part 247.

36.    SEISMIC SAFETY REQUIREMENTS.

Contractor agrees that any new building or addition to an existing building will be designed and
       constructed in accordance with the standards for Seismic Safety required in Department of
       Transportation Seismic Regulations 49 C.F.R. Part 41 and will certify to compliance to the extent
       required by the regulations. Contractor also agrees to ensure that all work performed under the
       Contract including work performed by a subcontractor is in compliance with the standards
       required by the Seismic Safety Regulations and the certification of compliance issued on the
       project.

       37. HAZARDOUS MATERIALS

              37.1. Hazardous material, as used in this clause, includes any material defined as
              hazardous under the latest version of Federal Standard No. 313 (including revisions
              adopted during the term of the contract).

              37.2.    Contractor must list any hazardous material, as defined in paragraph 35.1 of this
                       clause, to be delivered under the Contract. The hazardous material shall be
                       properly identified and include any applicable identification number, such as
                       National Stock Number or Special Item Number. This information shall also be
                       included on the Material Safety Data Sheet submitted under the Contract.


       37.3.    This list must be updated during performance of the Contract whenever Contractor
       determines that any other material to be delivered under the Contract is hazardous.

       37.4.     Contractor agrees to submit, for each item as required under the Contract, a Material
       Safety Data Sheet, meeting the requirements of 29 C.F.R. 1910.1200(g) and the latest version of
       Federal Standard No. 313, for all hazardous material identified in paragraph 35.2 of this clause.
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Data shall be submitted in accordance with Federal Standard No. 313, whether or not Contractor
is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior
to Contract award may result in the bid being considered non-responsible and ineligible for
award.

37.5.    If, after award, there is a change in the composition of the item(s) or a revision to
Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under
paragraph 37.4 of this clause, Contractor shall promptly notify the RTA and resubmit the data.

37.6.    Neither the requirements of this clause nor any act or failure to act by the RTA shall
relieve Contractor of any responsibility or liability for the safety of RTA, Contractor, or
subcontractor personnel or property.

37.7.     Nothing contained in this clause shall relieve Contractor from complying with applicable
Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of
licenses and permits) in connection with hazardous material.

37.8.      The RTA’s rights in data furnished under the Contract with respect to hazardous
material are as follows: (1) To use, duplicate and disclose any data to which this clause is
applicable. The purposes of this right are to-- (i) Apprise personnel of the hazards to which they
may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and (iii) Have others use,
duplicate, and disclose the data for the RTA for these purposes. (2) To use, duplicate, and
disclose data furnished under this clause, in accordance with subparagraph (1) of this clause, in
precedence over any other clause of the Contract providing for rights in data. (3) The RTA is not
precluded from using similar or identical data acquired from other sources.

38. ENTIRE AGREEMENT.

All oral or written agreements between the parties hereto to the subject matter of the Contract
made prior to the execution of the Contract have been incorporated herein.

39. CONTINGENT ON FUNDING.

The RTA's obligation hereunder are contingent upon the availability of funds from which payment
for the Contract can be made. No legal liability on the part of the RTA for payment of any money
shall arise unless and until funds are appropriated and made available to the RTA.

40. NO GOVERNMENT OBLIGATION TO THIRD PARTIES.

40.1. Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to
this Contract and shall not be subject to any obligations or liabilities to Contractor or any other
party (whether or not a party to the Contract) pertaining to any matter resulting from the Contract.

40.2. Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.

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41. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACT

  41.1 Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
  1986, as amended, 31 U.S.C §§ 3801 et seq and U.S. DOT regulations, “Program Fraud Civil
  Remedies”, 49 C.F.R. Part 31, apply to its actions pertaining to this Contract. Upon execution
  of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it
  has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA
  assisted project for which this Contract work is being performed. In addition to other penalties
  that may be applicable, Contractor further acknowledges that if it makes, or causes to be
  made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
  Government reserves the right to impose the penalties of the Program Government deems
  appropriate.

       41.2. Contractor also acknowledges that if it makes, or causes to be made, a false,
       fictitious, or fraudulent claim, statement, submission, or certification, the Federal
       Government under a contract connected with a project that is financed in whole or in part
       with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
       5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
       49 U.S.C. § 5323 (l) on Contractor, to the extent the Federal Government deems
       appropriate.

       41.3. Contractor agrees to include the above two clauses in each subcontract financed in
       whole or in part with Federal assistance provided by FTA . It is further agreed that the
       clauses shall not be modified, except to identify the subcontractor who will be subject to
       the provisions.

42. FEDERAL CHANGES.

    Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Agreement
(Form FTA MA(16) dated October, 2009) between Purchaser and the FTA, as they may be
amended or promulgated from time to time during the term of this contract. Contractor's failure to
so comply shall constitute a material breach of this contract.

43. FEDERAL TRANSIT ADMINISTRATION NATIONAL ITS ARCHITECTURE POLICY

43.1 The Contractor who works on ITS projects shall conform to the Federal Transit
Administration National ITS Architecture and standards in accordance with the requirements
contained in Part IV of the National ITS Architecture Policy. Conformance with the National ITS
Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional
ITS architecture in support of integration and the subsequent adherence of all ITS projects to that
regional ITS architecture. Development of the regional ITS architecture should be consistent with
the transportation planning process for Statewide and Metropolitan Transportation Planning (49
CFR Part 613).

43.2 Intelligent Transportation Systems (ITS) means electronics, communications or information
processing used singly or in combination to improve the efficiency or safety of a surface
transportation system. ITS project means any project that in whole or in part funds the acquisition
of technologies or systems of technologies that provide or significantly contribute to the provision
of one or more ITS user services as defined in the National ITS Architecture. Major ITS project
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means any ITS project that implements part of a regional ITS initiative that is multi-jurisdictional,
multi-modal, or otherwise affects regional integration of ITS systems. National ITS Architecture
(also ``national architecture'') means a common framework for ITS interoperability. The National
ITS Architecture comprises the logical architecture and physical architecture, which satisfy a
defined set of user services.

44. SENSITIVE SECURITY INFORMATION

Each Contractor must protect, and take measures to ensure that its subcontractors at each tier
protect, “sensitive security information” made available during the administration of a contract or
subcontract with the RTA to ensure compliance with 49 U.S.C. Section 40119(b) and
implementing DOT regulations, “Protection of Sensitive Security Information,” 49 CFR Part 1520.

45. SEAT BELT USE

In compliance with Federal Executive Order No. 13043, “Increasing Seat Belt Use in the United
States,” April 16, 1997, 23 U.S.C. Section 402 note, the Federal Transit Administration
encourages each Contractor to adopt and promote on-the-job seat belt use policies and programs
for its employees and other personnel that operate company-owned, rented or personally
operated vehicles, and to include this provision in any subcontracts, involving this project.

46. ACCESS FOR INDIVIDUALS WITH DISABILITIES

The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that
elderly individuals and individuals with disabilities have the same right as other individuals to use
public transportation services and facilities, and that special efforts shall be made in planning and
designing those services and facilities to implement transportation accessibility rights for elderly
individuals and individuals with disabilities. The Contractor also agrees to comply with all
applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with
29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with
Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that
accessible facilities and services be made available to individuals with disabilities; and with the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities, and any
subsequent amendments to these laws. In addition, the Contractor agrees to comply with
applicable implementing Federal regulations and directives and any subsequent amendments
thereto, as follows:

(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. Part 37;

(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;

(3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S.
DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;
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(5) U.S. DOJ regulations, "Nondiscrimination on the Basis               of   Disability   by   Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

(6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101-19;

(7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 C.F.R. Part 1630;

(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R.
Part 64, Subpart F; and

(9) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,”
36 C.F.R. Part 1194;

(10)    FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R.
Part 609; and

   (11) Federal civil rights and nondiscrimination directives implementing the foregoing
        regulations, except to the extent the Federal Government determines otherwise in
        writing.

47. DISPUTES, BREACHES, DEFAULTS, or OTHER LITIGATION.

The Contractor agrees that FTA has a vested interest in the settlement of any dispute, breach,
default, or litigation involving the Project. Accordingly:

a. Notification to FTA. The Contractor agrees to notify FTA in writing of any current or
prospective major dispute, breach, default, or litigation that may affect the Federal Government's
interests in the Project or the Federal Government's administration or enforcement of Federal
laws or regulations. If the Contractor seeks to name the Federal Government as a party to
litigation for any reason, in any forum, the Contractor agrees to inform FTA in writing before doing
so. Each notice to FTA under this Section shall be sent, at a minimum, to the FTA Regional
Counsel within whose Region the Contractor operates its public transportation system or
implements the Project.

b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate
share, based on the percentage of the Federal share awarded for the Project, of proceeds
derived from any third party recovery, except that the Contractor may return any liquidated
damages recovered to its Project Account in lieu of returning the Federal share to the Federal
Government.

c. Enforcement. The Contractor agrees to pursue all legal rights provided within any third party
contract.

d. FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any
claim involving the Project and the Contractor.

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e. Alternative Dispute Resolution. FTA encourages the Contractor to use alternative dispute
resolution procedures, as may be appropriate.

48. EMPLOYEE PROTECTIONS.

a. Construction Activities. The Contractor agrees to comply, and assures the compliance of
each third party contractor and each subcontractor at any tier of the Project, with the following
laws and regulations providing protections for construction employees:

(1) Davis-Bacon Act, as amended,     40 U.S.C. §§ 3141 et seq., pursuant to FTA enabling
legislation requiring compliance with the Davis-Bacon Act at 49 U.S.C. § 5333(a), and
implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety
Standards Act)," 29 C.F.R. Part 5;

(2) Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq.,
specifically, the wage and hour requirements of section 102 of that Act at 40 U.S.C. § 3702, and
implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety
Standards Act)," 29 C.F.R. Part 5; and the safety requirements of section 107 of that Act at
40 U.S.C. § 3704, and implementing U.S. DOL regulations, "Safety and Health Regulations for
Construction," 29 C.F.R. Part 1926; and

(3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874, and implementing U.S. DOL
regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in part by Loans or Grants from the United States," 29 C.F.R. Part 3.

b. Activities Not Involving Construction. The Contractor agrees to comply, and assures the
compliance of each third party contractor and each subcontractor at any tier of the Project, with
the employee protection requirements for non-construction employees of the Contract Work
Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular with the
wage and hour requirements of section 102 of that Act at 40 U.S.C. § 3702, and with U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed
and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction
Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.

c. Activities Involving Commerce. The Contractor agrees that the Fair Labor Standards Act,
29 U.S.C. §§ 201 et seq., applies to employees performing Project work involving commerce.

d. Public Transportation Employee Protective Arrangements. If the Grant Agreement or
Cooperative Agreement for the Project indicates that public transportation employee protective
arrangements required by U.S. DOL apply to public transportation operations performed in
connection with the Project, the Contractor agrees to comply with the applicable requirements for
its Project as follows:

(1.)   Standard Public Transportation Employee Protective Arrangements. To the extent
that the Project involves public transportation operations and as required by Federal law,
Contractor agrees to implement the Project in accordance with the terms and conditions
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that the U.S. Secretary of Labor has determined to be fair and equitable to protect the
interests of any employees affected by the Project and that comply with the requirements
of 49 U.S.C. § 5333(b), and with the U.S. DOL guidelines, "Section 5333(b), Federal Transit
Law," 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are
identified in U.S. DOL's certification of public transportation employee protective
arrangements to FTA. Contractor agrees to implement the Project in accordance with the
conditions stated in that U.S. DOL certification. That certification and any documents
cited therein are incorporated by reference and made part of the Contract. The
requirements of this subsection do not apply to Projects for elderly individuals or
individuals with disabilities that are authorized by 49 U.S.C. § 5310(a)(2) or
subsection 3012(b) of SAFETEA-LU, or to Projects for nonurbanized areas authorized by
49 U.S.C. § 5311; separate requirements for those Projects are contained in
Subsections 40.2 and 40.3, respectively, of the Contract.

(2.)   Public Transportation Employee Protective Arrangements for Elderly Individuals
and Individuals with Disabilities for the Elderly Individuals and Individuals with Disabilities
Formula Program and Pilot Program.             To the extent that the U.S. Secretary of
Transportation has determined or determines in the future that employee protective
arrangements required by 49 U.S.C. § 5333(b) are necessary or appropriate for a
governmental authority subcontractor participating a Project authorized by 49 U.S.C.
§ 5310(b)(2) or subsection 3012(b) of SAFETEA-LU, 49 U.S.C. § 5310 note, Contractor
agrees to carry out the Project in compliance with the terms and conditions determined by
the U.S. Secretary of Labor necessary to comply with the requirements of 49 U.S.C.
§ 5333(b), and the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
U.S. DOL's certification of public transportation employee protective arrangements to FTA.
Contractor agrees to implement the Project in compliance with the conditions stated in
that U.S. DOL certification. That U.S. DOL certification and any documents cited therein
are incorporated by reference and made part of the Contract.

(3.) Public Transportation Employee Protective Arrangements for Projects in Non-
urbanized Areas Authorized by 49 U.S.C. § 5311. Contractor agrees to comply with the
terms and conditions of the Special Warranty for the Non-urbanized Area Program agreed
to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL
implementing procedures, and any revisions thereto.

49. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, and
are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any RTA requests which would cause RTA to be in violation of the FTA
terms and conditions.

50. SCHOOL AND CHARTER BUS REQUIREMENTS                       (Applies to operational service
    contracts).

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        50.1 Charter Service Operations: Contractor agrees to comply with 49 U.S.C. 5323(d)
and 49 CFR Part 604, which provides that contractors and subcontractors of FTA assistance
(including Contractor) are prohibited from providing charter service using federally funded
equipment or facilities if there is at least one private charter operator willing and able to provide
the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided
under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the
provision of mass transportation.

        50.2 School Bus Operations: Contractor agrees to comply with 49 U.S.C. 5323(f) and
49 CFR Part 605, which provides that contractors and subcontractors of FTA assistance
(including Contractor) may not engage in school bus operations exclusively for the transportation
of students and school personnel in competition with private school bus operators unless qualified
under specified exemptions. When and if operating exclusive school bus service under an
allowable exemption, Contractor may not use federally funded equipment, vehicles, or facilities.

51. ROLLING STOCK ASSIGNABILITY CLAUSE.

51.1 Method of Acquisition. In compliance with 49 U.S.C. Section 5325(f), the contractor
agrees that any third party contract award it makes for rolling stock will be based on initial capital
costs, or on performance, standardization, life cycle costs, and other factors, or on a competitive
procurement process.

         51.2 Multi-year Options. In accordance with 49 U.S.C. Section 5325 (e) (1), a
contractor procuring rolling stock financed with Federal assistance under 49 U.S.C. Chapter 53
may not enter into a multi-year contract to purchase additional rolling stock and replacement parts
with options exceeding five (5) years after the date of the original contract.

        51.3 Pre-Award and Post Delivery Requirements. The contractor agrees to comply with
the requirements of 49 U.S.C. Section 5323 (m) and FTA regulations, “Pre-Award and Post-
Delivery Audits of Rolling Stock Purchases,” 49 C.F.R. Part 663 and any amendments thereto.

        51.4 Bus Testing. To the extent applicable, the contractor agrees to comply with the
requirements of 49 U.S. C. Section 5318(e) and FTA regulations. “Bus Testing,” 49 C.F.R. Part
665, and any amendments to those regulations that may be promulgated.

52. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES.

To the extent required by Federal law, the State agrees that, in administering any Federal
assistance Program or Project supported by the underlying Grant Agreement or Cooperative
Agreement, any request for proposals, solicitation, grant application, form, notification, press
release, or other publication involving the distribution of FTA assistance for the Program or the
Project shall indicate that FTA is the Federal agency that is providing the Federal assistance, the
Catalog of Federal Domestic Assistance Number of the program from which the Federal
Assistance is authorized, as may be applicable, and the amount of Federal assistance FTA
provided.

53. TEXTING WHILE DRIVING AND DISTRACTED DRIVING

Consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging
While Driving,” October 1, 2009, 23 U.S.C. Section 402 note, and DOT Order 3902.10, “Text
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Messaging While Driving,” December 30, 2009, FTA encourages each third party contractor to
promote policies and initiatives for its employees and other personnel that adopt and promote
safety policies that to decrease crashes by distracted drivers, including policies to ban text
messaging while driving, and to include this provision in each third party subcontract involving the
project.




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                    WAGE RATES




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                                     WAGE RATES
GENERAL DECISION: TX20100118 03/12/2010 TX118

Date: March 12, 2010
General Decision Number: TX20100118 03/12/2010

Superseded General Decision Number: TX20080118

State: Texas

Construction Types: Heavy and Highway

Counties: Nueces, San Patricio and Victoria Counties in Texas.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).

Modification Number      Publication Date
           0              03/12/2010

*   SUTX2005-007 11/09/2004

                                     Rates          Fringes

Asphalt Distributor Operator.....$ 12.42               0.00

Asphalt paving machine
operator.........................$ 11.57               0.00

Asphalt Raker....................$   9.36              0.00

Bulldozer operator...............$ 10.90               0.00

CARPENTER........................$ 10.71               0.00

Concrete Finisher, Paving........$ 12.18               0.00

Concrete Finisher, Structures....$ 11.16               0.00

Concrete Rubber..................$ 10.50               0.00

Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
Operator.........................$ 12.55               0.00

Flagger..........................$   7.25              0.00

Form Builder/Setter,
Structures.......................$ 11.47               0.00

Form Setter, Paving & Curb.......$   9.65              0.00

Foundation Drill Operator,
Truck Mounted....................$ 15.32               0.00

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Front End Loader Operator........$ 10.05              0.00

Laborer, common..................$   8.35             0.00

Laborer, Utility.................$   9.09             0.00

MECHANIC.........................$ 13.17              0.00

Motor Grader Operator, Fine
Grade............................$ 13.78              0.00

Motor Grader Operator, Rough.....$ 15.00              0.00

Pipelayer........................$   9.00             0.00

Roller Operator, Pneumatic,
Self-Propelled...................$   8.57             0.00

Roller Operator, Steel Wheel,
Flat Wheel/Tamping...............$   8.57             0.00

Roller Operator, Steel Wheel,
Plant Mix Pavement...............$   9.49             0.00

Scraper Operator.................$   9.67             0.00

Servicer.........................$ 10.75              0.00

Structural Steel Worker..........$ 14.00              0.00

Truck driver, lowboy-Float.......$ 14.15              0.00

Truck driver, Single Axle,
Heavy............................$ 11.39              0.00

Truck driver, Single Axle,
Light............................$   9.00             0.00

Truck Driver, Tandem Axle,
Semi-Trailer.....................$   9.39             0.00

WELDER...........................$ 18.00              0.00

Work Zone Barricade Servicer.....$ 8.97              0.00
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
========================================================

Unlisted classifications needed for work not included within
the scope of the
classifications listed may be added after award only as
provided in the labor
standards contract clauses (29 CFR 5.5(a)(1)(ii)).

----------------------------------------------------------------
--

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In the listing above, the "SU" designation means that rates
listed under the
identifier do not reflect collectively bargained wage and
fringe benefit
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.

----------------------------------------------------------------
--

            WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage
   determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including   requests
for summaries
of surveys, should be with the Wage and Hour Regional   Office
for the area in
which the survey was conducted because those Regional   Offices
have
responsibility for the Davis-Bacon survey program. If   the
response from this
initial contact is not satisfactory, then the process   described
in 2.) and
3.) should be followed.

With regard to any other matter not yet ripe for the formal
process
described here, initial contact should be with the Branch of
Construction
Wage Determinations. Write to:

        Branch of Construction Wage Determinations
        Wage and Hour Division
        U.S. Department of Labor
        200 Constitution Avenue, N.W.
        Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party
(those affected by the action) can request review and
reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR
Part 7).
Write to:

        Wage and Hour Administrator
        U.S. Department of Labor
        200 Constitution Avenue, N.W.
        Washington, DC 20210
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The request should be accompanied by a full statement of the
interested
party's position and by any information (wage payment data,
project
description, area practice material, etc.) that the requestor
considers
relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested
party may appeal directly to the Administrative Review Board
(formerly the
Wage Appeals Board). Write to:

        Administrative Review Board
        U.S. Department of Labor
        200 Constitution Avenue, N.W.
        Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

                              END OF GENERAL DECISION




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                     SPECIAL PROVISIONS CONCERNING
                  DISADVANTAGED BUSINESS ENTERPRISES
                                 (Federally-Funded Project)

As used in these Special Provisions, the term “RTA” shall refer to the Regional
Transportation Authority in Corpus Christi, Texas, the term “Contractor” shall refer to the
bidders and successful contractor named in the Contract to which these Special Provisions
are attached, and the term “FTA” shall refer to the Federal Transit Administration.

1.     DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION.

This project is subject to Title 49, C.F.R. Part 26 entitled “Participation by Disadvantage
Business Enterprises in Department of Transportation Programs.”              Portions of the
Regulations (which are incorporated in their entirety by this reference) are set forth in these
Special Instructions.

2.     DEFINITIONS.

For purposes of these instructions:

       2.1     “Disadvantaged Business Enterprise (DBE)” means a for-profit small business
       concern which is at least 51 percent owned by one or more individuals who are both
       socially and economically disadvantaged, or in the case a corporation in which at least
       51 percent of the stock of which is owned by one or more such individuals; and whose
       management and daily business operations are controlled by one or more of the
       socially and economically disadvantaged individuals who own it.

       2.2     “Small business concern” means a small business as defined in Section 3 of
       the Small Business Act (15 U.S.C. Section 632) and Small Business Administration
       regulations implementing it (13 C.F.R. Part 121) that also does not exceed $22.41
       million in average gross receipts over the previous three fiscal years.

       2.3    “Socially and economically disadvantaged individuals” are presumed to include
       United States citizen (or lawfully admitted permanent resident) who the RTA
       determines to be a socially and economically disadvantaged individual on a case-by-
       case basis or any members of the following groups which are rebuttably presumed to
       be socially and economically disadvantaged: Black Americans, Hispanic Americans,
       Native Americans (Indians, Eskimos, Aleuts or Native Hawaiians), Asian-Pacific
       Americans, Subcontinent Asian Americans, women or any individuals found to be
       disadvantaged by the Small Business Administration pursuant to Section 8(a) of the
       Small Business Act.

3.     DBE PARTICIPATION.

The DBE participation goal for this Contract is that percentage of the total Contract Price set
forth in the Bid Documents.

4.     DBE PARTICIPATION CRITERIA.
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4.1    DBE participation includes contracts (other than employee contracts) with
DBEs for any goods or services specifically required for the completion of the work
under this Contract. A DBE may participate as a prime contractor, subcontractor, joint
venture partner with a prime subcontractor, vendor of material or supplies
incorporated or expended in the work, or a supplier of other services such as shipping,
transportation, testing, equipment rental, insurance services and other support
services necessary to fulfill the requirements of this Contract.

4.2      A DBE joint venture partner must be responsible for a clearly defined portion of
the work to be performed in addition to satisfying requirements for ownership and
control. The DBE joint venturer must submit information for determining joint venture
eligibility.

4.3     A DBE must perform a commercially useful function, i.e., must be responsible
for the execution of a distinct element of work and must carry out its responsibility by
actually performing, managing and supervising the work.

4.4    DBE participants will be counted toward meeting the goal set herein as follows:

       4.4.1 The total dollar value of that portion of the work under the Contract that
       is performed by the Contractor’s own forces if the Contractor is DBE. If the
       Contractor is a joint venture, only the proportionate interest of the DBE in the
       joint venture will be counted toward the goal.

       4.4.2 The dollar value of all DBE subcontracts for work or services under the
       Contract.

       4.4.3 The dollar value of material or supplies purchased from a DBE
       manufacturer for such material or supplies.

       4.4.4 Sixty percent of the dollar value of material or supplies purchased from
       a DBE regular dealer. A regular dealer is a firm that owns, operates, or
       maintains a store, warehouse or other establishment in which the material or
       supplies required for the performance of the Contract are brought, kept in
       stock, and regularly sold to the public in the usual course of business. To be a
       regular dealer, the firm must engage in, as its principal business, and in its own
       name, the purchase and sale of the products in question. A regular dealer in
       such bulk items as steel, cement, stone, gravel and petroleum products need
       not keep such products in stock if it owns or operates distribution equipment.
       Brokers and packagers shall not be regarded as manufacturers or regular
       dealers.

       4.4.5 Fees or commissions charged for providing a bona fide service and
       assistance in the procurement of essential personnel, facilities, equipment,
       material or supplies required for performance of the Contract, delivery of
       material and supplies required on a job site, or for providing any bonds or
       insurance specifically required for the performance of the Contract, provided
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                            IFB NO. 2010-FC-18
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              that such fees or commissions are reasonable and not excessive as compared
              with fees or commissions customarily allowed for similar services.

5.     DBE INFORMATION.

       5.1     The following information shall also be submitted pursuant to the Contract,
       within five (5) business days following the written notice:

              5.1.1 A completed Schedule C - DBE participation Form, with the names of
              DBEs to be used and a description of the work, services or supplies to be
              provided by each and the dollar value of each DBE transaction. (Note: DBEs
              listed on the DBE Participation Form may also be required to be listed in the
              designation of subcontractors form if both forms are required by the Contract
              documents).

       5.2     The above schedules may be obtained from the RTA’s Department of Contract
       Compliance located at 5658 Bear Lane, Corpus Christi, Texas 78405, telephone (361)
       289-2712. Businesses not meeting the definitions set out in Section 2 and the criteria
       for participation in Section 4 will not be counted toward meeting the goal.

       5.3    A Contractor whose Schedule C – DBE Participation Form indicates that the
       DBE goal has not been met, must submit a written report with supporting
       documentation covering all actions listed in Section 6 taken by the Contractor prior to
       bid submission to meet the goal.

       5.4    The RTA may request additional information following its review, which shall be
       submitted by the Contractor within five days of the request.

       5.5    CONTRACTOR IS WARNED that failure to comply with the requirements of
              this Section within the times prescribed may, unless a later time is authorized
              by the RTA, result in rejection of a bid or termination of the Contract.

6.     GOOD FAITH EFFORTS TO MEET THE DBE GOAL.

Good faith efforts are those that, given all relevant circumstances, a Contractor actively and
aggressively seeking to meet the goal would make. Contractor is encouraged to attend any
pre-bid meeting listed in the Notice to Bidder scheduled by the RTA to inform DBEs of
subcontracting opportunities for the DBE program requirements for the Contract. Any
Contractor who does not attend the pre-bid meeting assumes responsibility to be fully
informed as to the DBE program requirements pertaining to the Contract. In determining
whether sufficient good faith efforts have been made, the RTA will consider on the basis of
documentation submitted by the Contractor whether the following actions have been taken:

       6.1     Advertisements soliciting sub-bids on this Contract from DBEs in the Corpus
       Christi Caller Times and local minority and women trade association publications.



             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 104 of 129
      6.2     Solicitation of interest in this Contract from DBEs evidenced by copies of
      registered or certified letters to relevant listed DBEs or to a reasonable number of
      certifiable DBEs in sufficient time to allow the DBEs to participate effectively;

      6.3    Follow-up of initial solicitation of DBE interest;

      6.4     Identification of portions of work to be performed by DBEs in order to increase
      the likelihood of meeting the goals (including, where appropriate, breaking down the
      work into economically feasible units to facilitate DBE participation);

      6.5    Records of responses, proposals and/or bids received from DBEs for specific
      sub-bids including:

             6.5.1 The names, addresses and telephone numbers of all DBEs contacted:

             6.5.2 A description of the information provided to DBEs regarding the plans
             and specification for portions for the work to be performed;

             6.5.3 The reasons for rejection of any DBE sub-bids submitted to Contractor;

             6.5.4 A description of the investigation conducted of any DBEs rejected as
             unqualified.

      6.6     Description of assistance provided to DBEs relative to obtaining plans,
      specifications, and required bonding or insurance;

      6.7     Description of the use made by Contractor of the services of available minority
      community organizations, minority contractors groups, and information services such
      as those provided by the RTA through the Department of Contract Compliance,
      telephone (361) 289-2712, concerning available certifiable DBEs for work under the
      Contract. Contractor’s efforts may be deemed insufficient by the RTA if Contractor
      has failed to make any of the foregoing efforts or has rejected DBE sub-bids without
      adequate reasons. Price alone will not be considered an adequate reason.
      Contractor shall also include in the report submitted under this Section any other
      efforts made not listed above which are relevant to meeting the DBE goals.

7.    CERTIFICATION REVIEW COMMITTEE.

The RTA has established a DBE Certification Review Committee consisting of the
following persons for the purpose of hearing appeals or challenges concerning the
certification of DBEs under the program:

      DBE Officer (Chair);
      Director of Capital Projects and Facilities Maintenance;
      Contracts & Grants Manager;
      General Legal Counsel.

8.    HEARING ON GOOD FAITH EFFORTS DETERMINATION.
            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                  IFB NO. 2010-FC-18
                                    Page 105 of 129
If it appears to the RTA that Contractor has neither achieved the indicated percentage of
DBE participation nor made sufficient good faith efforts to meet the goal, Contractor will be
notified that this Contract will be recommended for termination and the reasons therefor.
Within five days of such notification, Contractor may request a hearing. Such hearing will be
held at the convenience of the RTA but no later than ten days after receipt of the request and
in accordance with the RTA’s Hearing Procedures, copies of which are available upon
request. At such hearing Contractor shall bear the burden of demonstrating:

       8.1    Achievement of the percentage goal for DBE participation, or

       8.2   Good faith effort that, given all relevant circumstances, could have been
       expected to produce a level of DBE participation to meet the Contract goal.

9.     CHALLENGE PROCEDURE.

To challenge the eligibility of a firm that the RTA has certified as a DBE, a third party may
present evidence that the firm’s owners are not truly socially and/or economically
disadvantaged, even though they are members of one of the presumptive groups. The
Challenge Procedure is as follows:

       9.1     Any third party may challenge the socially and economically disadvantaged
       status of any individual (except an individual who has current 8(a) certification from
       the Small Business Administration) presumed to be socially and economically
       disadvantaged if that individual is an owner of a firm certified by or seeking
       certification from the RTA as a disadvantaged business. The challenge shall be made
       in writing to the RTA. With its letter, the challenging party shall include all information
       available to it relevant to a determination of whether the challenged party is in fact
       socially and economically disadvantaged.

       9.2    The RTA shall determine, on the basis of the information provided by the
       challenging party, whether there is reason to believe that the challenged party is in
       fact not socially and economically disadvantaged. In implementing this challenge
       procedure, the DBE Certification Review Committee identified herein will review
       information and make the determination of the social and economic disadvantage of
       the challenged party on behalf of the RTA. If the RTA determines that there is no
       reason to believe that the challenged party is not socially and economically
       disadvantaged, the RTA shall so inform the challenging party in writing. This finding
       terminates the proceeding. If the RTA determines that there is reason to believe that
       the challenged party is not socially and economically disadvantaged, the RTA shall
       begin a proceeding as provided in the following subsections.

       9.3     The RTA shall notify the challenged party in writing that his or her status as a
       socially and economically disadvantaged individual has been challenged. The notice
       shall identify the challenging party and summarize the grounds for the challenge. The
       notice shall also require the challenged party to provide the RTA within a reasonable
       time information sufficient to permit it to evaluate his or her status as a socially and
       economically disadvantaged individual.
             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 106 of 129
9.4    The RTA shall evaluate the information available to it and make a proposed
determination of the social and economic disadvantage of the challenged party. The
RTA shall notify both parties of this proposed determination, in writing, setting forth the
reasons for its proposal. The RTA shall provide an opportunity to the parties for an
informal hearing, at which they can respond to this proposed determination in writing
and in person.

9.5   Following the informal hearing, the RTA shall make a final determination. The
RTA shall inform the parties in writing of the final determination, setting forth the
reasons for its decision.

9.6     During the pendency of a challenge under this attachment, the presumption
that the challenged party is a socially and economically disadvantaged individual shall
remain in effect.

9.7   The final determination of the RTA may be appealed to the Department of
Transportation by the adversely affected party under the procedures of 49 CFR 26.

10.    APPEALS.

10.1 Any firm which believes that it has been wrongly denied certification as a DBE
or joint venture by the RTA may file an appeal in writing, signed and dated, with the
Department of Transportation. The appeal shall be filed no later than 180 days after
the date of denial of certification. The Secretary of Transportation may extend the
time for filing or waive the time limit in the interest of justice, specifying in writing the
reasons for so doing. Third parties who have reason to believe that another firm has
been wrongly denied or granted certification as a DBE or joint venture may advise the
Secretary. This information is not considered an appeal pursuant to this Section.

10.2 The Secretary shall insure that a prompt investigation is made pursuant to
prescribed DOT Title VI investigation procedures. The Secretary may at his/her
discretion deny the DBE or joint venture in question eligibility to participate as a DBE
in DOT-assisted contracts let during the pendency of the investigation after providing
the DBE or joint venture in question an opportunity to show cause by written
statement to the Secretary why this temporary denial by the Secretary should not
occur. All parties shall cooperate fully with the investigation. Failure or refusal to
furnish requested information or other failure to cooperate is a violation of this
procedure.

10.3 The Secretary shall make one of the following determinations and inform the
DBE or joint venture in writing of the reasons for the determination:

       10.3.1 The DBE or joint venture is certified, or

       10.3.2 The DBE or joint venture is not eligible and is denied eligibility to
       participate as a DBE in any contract until a new application for certification is
       approved by the RTA.
      MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                            IFB NO. 2010-FC-18
                              Page 107 of 129
11.    SUBSTITUTION OF DBE SUBCONTRACTORS OR SUPPLIERS.

Should substitution of any DBE listed on the DBE Participation Form become necessary,
Contractor shall make good faith efforts, in cooperation with the RTA’s staff, to replace the
affected DBE with another DBE.

12.    CHANGE ORDERS.

Contractor shall make good faith efforts to meet the DBE percentage goal set out herein in
the performance of work under any change orders that may be issued under this Contract.

13.    DBE RECORDS.

Contractor shall maintain sufficient records to verify DBE participation. Such records shall
show the name and business address of each DBE participating in the Contract and the total
dollar amount actually paid each DBE and the date of payment. A quarterly report based on
these records and certified to be correct by Contractor shall be submitted with the appropriate
monthly invoice required under the Contract. RTA reserves the right to withhold any invoice
for payment unless the current report has been furnished.

14.    NONCOMPLIANCE.

Failure to comply with the requirements of these provisions shall be grounds for termination
of the Contract in whole or in part, for withholding payments due Contractor during the period
of noncompliance, or for assessing liquidated damages as provided herein.

15.    LIQUIDATED DAMAGES.

In the event Contractor fails to achieve the DBE participation goals set forth herein,
the RTA may assess, as liquidated damages and not as a penalty, an amount equal to
the difference in the final DBE percentage goal multiplied by the total Contract price
from the actual dollar amount of documented DBE participation in the Contract. The
above liquidated damages may be assessed since the calculation of actual damages
to the RTA would be difficult to determine due to the potential loss of all or part of any
federal funding available to the RTA and the costs and expenses incurred in
administering the RTA’s DBE program.

16.    INCORPORATION INTO CONTRACT.

The terms and conditions of these Special Provisions are incorporated into the Contract as
part of the Contract Documents and upon acceptance of the Contractor’s proposal shall be
fully binding upon the Contractor.




             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 108 of 129
CONSTRUCTION DRAWINGS (Exhibit A)




MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                      IFB NO. 2010-FC-18
                        Page 109 of 129
                        APPENDICES

(Note: All Documents Found Within This Section Are
 Required To Be Submitted With The Bid/Proposal)




   MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                         IFB NO. 2010-FC-18
                           Page 110 of 129
       PRICE SCHEDULE (Appendix A)




MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                      IFB NO. 2010-FC-18
                        Page 111 of 129
                                                                                   Appendix A
                                    PRICE SCHEDULE

IFB NO.:   2010-FC-18                    FIRM: __________________________

INSTRUCTIONS:

1)    Refer to "General Instructions" before completing Price Schedule and quote your best
      price.

2)    Submit one (1) signed original and two (2) copies of this Price Schedule to 5658
      Bear Lane, Corpus Christi, Texas 78405.

3)    Sealed Bids should be submitted in an envelope marked on the outside containing the
      bidder’s name and address and bid description addressed as required in the
      “Instructions to Bidders”, Section 6.0.

      Bids must be submitted in sufficient time to be received and time-stamped at the
      above location on or before the published due date and time shown on the Invitation
      for Bids. Bids received after the published time and date cannot be considered. Any
      bids which are mislabeled or do not indicate the BIDDER’s name or address as
      required above may be opened by the RTA solely for the purpose of identifying the
      BIDDER for return of the bid.

4)    The bids will be publicly opened and read aloud at the RTA Offices, 5658 Bear
      Lane, Corpus Christi, Texas immediately following the deadline. All interested
      parties are invited to attend. Once bids have been read aloud publicly,
      information related to tabulations/prices will not be given via phone, fax or any
      other communication until after the recommendation is approved by the Board
      of Directors.

5)    Additional clarification on the scope of work for each bid item is included in the Special
      Conditions.




                            ADDENDA ACKNOWLEDGEMENT

Receipt of the following addenda is acknowledged (list addenda number):




            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                  IFB NO. 2010-FC-18
                                    Page 112 of 129
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to contract with the
Owner to furnish all work in accordance with the attached specification and drawing, according
to the following unit prices:
                                         BASE BID
1.     700    SF            NEW RAMP SECTION, (including excavation, backfill, bedding,
                            expansion joints, dowels, 6" header curb, re vegetation of
                            disturbed areas (seeding or sod) and reinforcement), as shown on
                            the plans and as outlined in the specifications, complete in place.

$                           $
Unit Price (Figures)        Unit Price (Figures in Written Words)

$                           $
Total Price (Figures)       Total Price (Figures in Written Words)

2.     700    SF            NEW LANDING SECTION, (including excavation, backfill,
                            bedding, expansion joints, dowels, 6" header curb, re vegetation of
                            disturbed areas (seeding or sod) and reinforcement), as shown on
                            the plans and as outlined in the specifications, complete in place.

$                           $
Unit Price (Figures)        Unit Price (Figures in Written Words)

$                           $
Total Price (Figures)       Total Price (Figures in Written Words)

3.     170    SF            DETECTABLE WARNING (CAST IN PLACE COMPOSITE
                            TILES), (including installation),.

$                           $
Unit Price (Figures)        Unit Price (Figures in Written Words)

$                           $
Total Price (Figures)       Total Price (Figures in Written Words)




4.     1,800 SF             CONCRETE SHELTER PAD, (including excavation, backfill,
                            bedding, expansion joints, beams, dowels, re vegetation of
                            disturbed areas (seeding or sod), and reinforcement), as shown on
                            the plans and as outlined in the specifications, complete in place.
             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 113 of 129
$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

5.     2,000 SF            CONCRETE ROADWAY BUS PAD, (including excavation,
                           backfill, compaction, 12” flexible base, 8” concrete, expansion
                           joints, reinforcement, and demolition/disposal of the existing
                           asphalt and base material), as shown on the plans and as outlined
                           in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

6.     1,000 SF            CONCRETE BUS TURN-IN PAD, (including excavation, backfill,
                           compaction, 12” flexible base, 8” concrete, expansion joints,
                           reinforcement both single and double steel mats, and
                           demolition/disposal of the existing asphalt/concrete and base
                           material), as shown on the plans and as outlined in the
                           specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)




7.     500    SF           NEW SIDEWALK SECTION, (including excavation, backfill,
                           bedding, dowels, re vegetation of disturbed areas (seeding or sod)
                           and reinforcement), as shown on the plans and as outlined in the
                           specifications, complete in place.
$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)
             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 114 of 129
8.     80     LF           NEW CURB & GUTTER, (including backfill, bedding, expansion
                           joints, dowels, and reinforcement), as shown on the plans and as
                           outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

9.     100    SF           DEMOLITION OF EXISTING SIDEWALK, (including demolition
                           and removal, protection of the public), as shown on the plans and
                           as outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

10.    100    LF           DEMOLITION OF EXISTING CURB & GUTTER, (including
                           demolition and removal, protection of the public), as shown on the
                           plans and as outlined in the specifications, complete in place.
$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)



11.    120    LF           SAW CUT CONCRETE PAVEMENT (FULL DEPTH), as shown
                           on the plans and as outlined in the specifications, complete in
                           place.
$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

12.    120    LF           SAW CUT ASPHALT PAVEMENT (FULL DEPTH), as shown on
                           the plans and as outlined in the specifications, complete in place.
$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)
             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 115 of 129
13.    250    SF           PAVEMENT REPAIR, (including HMAC, base material, etc.), as
                           shown on the plans and as outlined in the specifications, complete
                           in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)


14.    100    LF           TYPE “C” CROSS WALK STRIPING AND STOP BAR (12”
                           WIDE), as shown on the plans and as outlined in the
                           specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)




15.    100    LF           TYPE “C” CROSS WALK STRIPING AND STOP BAR (24”
                           WIDE), as shown on the plans and as outlined in the
                           specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

16.    10     CY           MISC. CONCRETE WORK, (including excavation, backfill,
                           bedding, dowels, and reinforcement), as shown on the plans and
                           as outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 116 of 129
17.       1                  TRAFFIC CONTROL PLAN ALLOWANCE, as shown on the
                             plans and as outlined in the specifications, complete in place.

$       10,000.00            $       Ten Thousand Dollars
Unit Price (Figures)         Unit Price (Figures in Written Words)

$      10,000.00             $      Ten Thousand Dollars
Total Price (Figures)        Total Price (Figures in Written Words)

18.       1                  IRRIGATION SYSTEM ADJUSTMENT ALLOWANCE, re
                             vegetation of disturbed areas (seeding or sod), complete in place.

$       5,000.00             $       Five Thousand Dollars
Unit Price (Figures)         Unit Price (Figures in Written Words)

$      5,000.00              $      Five Thousand Dollars
Total Price (Figures)        Total Price (Figures in Written Words)




                        TOTAL BASE BID PRICE, Items 1 through 18

$
Total Price (In Figures)
$
Total Price (Figures in Written Words)



          ADDITIVE ALTERNATE BID (2012 OPTIONAL ONE YEAR CONTRACT)

1.     725     SF            NEW RAMP SECTION, (including excavation, backfill, bedding,
                             expansion joints, dowels, 6" header curb, re vegetation of
                             disturbed areas (seeding or sod) and reinforcement), as shown on
                             the plans and as outlined in the specifications, complete in place.

$                            $
Unit Price (Figures)         Unit Price (Figures in Written Words)

$                            $
Total Price (Figures)        Total Price (Figures in Written Words)

2.     725     SF            NEW LANDING SECTION, (including excavation, backfill,
                             bedding, expansion joints, dowels, 6" header curb, re vegetation of

              MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                    IFB NO. 2010-FC-18
                                      Page 117 of 129
                           disturbed areas (seeding or sod) and reinforcement), as shown on
                           the plans and as outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

3.     180    SF           DETECTABLE WARNING (CAST IN PLACE COMPOSITE
                           TILES), (including installation),.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)




4.     2,100 SF            CONCRETE SHELTER PAD, (including excavation, backfill,
                           bedding, expansion joints, beams, dowels, re vegetation of
                           disturbed areas (seeding or sod), and reinforcement), as shown on
                           the plans and as outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $

Total Price (Figures)      Total Price (Figures in Written Words)

5.     2,000 SF            CONCRETE BUS PAD, (including excavation, backfill,
                           compaction, 12” flexible base, 8” concrete, expansion joints,
                           reinforcement, and demolition/disposal of the existing asphalt and
                           base material), as shown on the plans and as outlined in the
                           specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 118 of 129
Total Price (Figures)      Total Price (Figures in Written Words)

6.     1,100 SF            CONCRETE BUS TURN-IN PAD, (including excavation, backfill,
                           compaction, 12” flexible base, 8” concrete, expansion joints,
                           reinforcement both single and double steel mats, and
                           demolition/disposal of the existing asphalt/concrete and base
                           material), as shown on the plans and as outlined in the
                           specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)




7.     500    SF           NEW SIDEWALK SECTION, (including excavation, backfill,
                           bedding, dowels, re vegetation of disturbed areas (seeding or sod)
                           and reinforcement), as shown on the plans and as outlined in the
                           specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

8.     100    LF           NEW CURB & GUTTER, (including backfill, bedding, expansion
                           joints, dowels, and reinforcement), as shown on the plans and as
                           outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

9.     100    SF           DEMOLITION OF EXISTING SIDEWALK, (including demolition
                           and removal, protection of the public), as shown on the plans and
                           as outlined in the specifications, complete in place.

$                          $
             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 119 of 129
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)


10.    100    LF           DEMOLITION OF EXISTING CURB & GUTTER, (including
                           demolition and removal, protection of the public), as shown on the
                           plans and as outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

11.    120    LF           SAW CUT CONCRETE PAVEMENT (FULL DEPTH), as shown
                           on the plans and as outlined in the specifications, complete in
                           place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)

12.    120    LF           SAW CUT ASPHALT PAVEMENT (FULL DEPTH), as shown on
                           the plans and as outlined in the specifications, complete in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)


13.    250    SF           PAVEMENT REPAIR, (including HMAC, base material, etc.), as
                           shown on the plans and as outlined in the specifications, complete
                           in place.

$                          $
Unit Price (Figures)       Unit Price (Figures in Written Words)

$                          $
Total Price (Figures)      Total Price (Figures in Written Words)



             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 120 of 129
14.    100       LF           TYPE “C” CROSS WALK STRIPING AND STOP BAR (12”
                              WIDE), as shown on the plans and as outlined in the
                              specifications, complete in place.

$                             $
Unit Price (Figures)          Unit Price (Figures in Written Words)

$                             $
Total Price (Figures)         Total Price (Figures in Written Words)



15.    100       LF           TYPE “C” CROSS WALK STRIPING AND STOP BAR (24”
                              WIDE), as shown on the plans and as outlined in the
                              specifications, complete in place.

$                             $
Unit Price (Figures)          Unit Price (Figures in Written Words)

$                             $
Total Price (Figures)         Total Price (Figures in Written Words)

16.    10        CY           MISC. CONCRETE WORK, (including excavation, backfill,
                              bedding, dowels, and reinforcement), as shown on the plans and
                              as outlined in the specifications, complete in place.

$                             $
Unit Price (Figures)          Unit Price (Figures in Written Words)

$                             $
Total Price (Figures)         Total Price (Figures in Written Words)

17.         1                 TRAFFIC CONTROL PLAN ALLOWANCE, as shown on the
                              plans and as outlined in the specifications, complete in place.

$       10,000.00             $       Ten Thousand Dollars
Unit Price (Figures)          Unit Price (Figures in Written Words)

$      10,000.00              $      Ten Thousand Dollars
Total Price (Figures)         Total Price (Figures in Written Words)


18.         1                 IRRIGATION SYSTEM ADJUSTMENT ALLOWANCE, re
                              vegetation of disturbed areas (seeding or sod), complete in place.

$       5,000.00              $       Five Thousand Dollars
Unit Price (Figures)          Unit Price (Figures in Written Words)

                MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                      IFB NO. 2010-FC-18
                                        Page 121 of 129
$      5,000.00              $      Five Thousand Dollars
Total Price (Figures)        Total Price (Figures in Written Words)



                   TOTAL ALTERNATE BID A PRICE, Items 1 through 18

$
Total Price (In Figures)
$
Total Price (Figures in Written Words)



                                         BID SUMMARY
1. TOTAL BASE BID (ITEMS 1-18)
$
Total Cost (In Figures)
$
Total Cost (In Written Words)

2. TOTAL ADDITIVE ALTERNATE BID A (ITEMS 1-18)

$
Total Cost (In Figures)
$
Total Cost (In Written Words)

3. TOTAL BASE BID + ADDITIVE ALTERNATE BID A

$
Total Cost (In Figures)
$
Total Cost (In Written Words)

THE BIDDER AGREES TO COMPLETE ALL WORK FOR THE BASE BID WITHIN                 365
CALENDAR DAYS, AFTER RECEIPT OF NOTICE TO PROCEED.




             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 122 of 129
                                                                                                          Appendix B
                                               CERTIFICATION FORM

In submitting this proposal, the undersigned certifies on behalf of its firm and any proposed subcontractors as follows:

(1)      Bid Validity Certification: If this offer is accepted within one hundred twenty (120) calendar days from the
         due date, to furnish any or all services upon which prices are offered at the designated point within the time
         specified;

(2)      Non-Collusion Certification: Has made this proposal independently, without consultation, communication,
         or agreement for the purpose of restricting competition as to any matter relating to this Request for Proposals
         with any other FIRM or with any other competitor,

(3)      Affirmative Action/DBE Certification: Is in compliance with the Common Grant Rules affirmative action and
         Department of Transportation’s Disadvantaged Business Enterprise requirements.

(4)      Non-Conflict Certification: Represents and warrants that no employee, official, or member of the Regional
         Transportation Authority's Board of Directors is or will be pecuniarily benefited directly or indirectly in this
         Contract,

(5)      Non-Inducement Certification: The undersigned hereby certifies that neither it nor any of its employees,
         representatives, or agents have offered or given gratuities (in the form of entertainment, gifts, or otherwise) to
         any director, officer, or employee of the Regional Transportation Authority with the view toward securing
         favorable treatment in the awarding, amending, or the making of any determination with respect to the
         performance of this Contract.

(6)      Non-Debarment Certification: Certifies that it is not included on the U. S. Comptroller General’s
         Consolidated List of Persons or Firms currently debarred for violations of various contracts incorporating labor
         standards provisions, and from Federal programs under DOT regulations 2CFR Parts 180 and 1200, or under
         the FAR at 48 CFR Chapter 1, Part 9.4

(7)      Integrity and Ethics: Has a satisfactory record of integrity and business ethics, in compliance with 49 U.S.C.
         Section 5325(j)(2)(A)

(8)      Public Policy: Is in compliance with the public policies of the Federal Government, as required by 49 U.S.C.
         Section 5325(j)(2)(B)

(9)      Administrative and Technical Capacity: Has the necessary organization, experience, accounting, and
         operational controls, and technical skills, or the ability to obtain them, in compliance with 49 U.S.C. Section
         5325(j)(2)(D)

(10)     Licensing and Taxes: Is in compliance with applicable licensing and tax laws and regulations

(11)     Financial Resources: Has, or can obtain, sufficient financial resources to perform the contract, as required
         by 49 U. S. C. Section 5325 (j)(2)(D)

(12)     Production Capability: Has, or can obtain, the necessary production, construction, and technical equipment
         and facilities.

(13)     Timeliness: Is able to comply with the required delivery or performance schedule, taking into consideration
         all existing commercial and governmental business commitments.

(14)     Performance Record: Is able to provide a satisfactory current and past performance record.


Signature                                                        Printed Name


Title                                                            Date

                MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                      IFB NO. 2010-FC-18
                                        Page 123 of 129
                                                                                Appendix C


                  CERTIFICATION AND STATEMENT OF QUALIFICATIONS

The undersigned BIDDER hereby further certifies that she/he has read all of the documents and
agrees to abide by the terms, certifications, and conditions thereof.

Signature:     ___________________________________________________________

Printed Name: ________________________________________________________________

Title:         ____________________________ Date: _____________________

Firm Name:     ___________________________________________________________

Business
Address:       ___________________________________________________________

Telephone:     Office: ______________________ Fax: _________________________

Firm Owner:    ____________________________ Firm CEO: ____________________

Taxpayer Identification Number:____________________________________________

Number of years in contracting business under present name: ___________________

Type of work performed by your company: ___________________________________
     Have you ever failed to complete any work awarded to you? _____________________

Have you ever defaulted on a Contract? _____________________________________

Taxpayer ID#: ________________________ Date Organized: ___________________

Date Incorporated: _____________________

Is your firm considered a disadvantaged business enterprise (DBE)? ______________

If you answered yes to the DBE question, explain type. ____________________

ADDENDA ACKNOWLEDGMENT

Receipt of the following addenda is acknowledged (list addenda number):

_______________________________________________________________



DUNS # _____________________________(Required) A DUNS number may be obtained from
         D & B by telephone (currently at 866-705-5711) or the internet (currently at
              MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                    IFB NO. 2010-FC-18
                                      Page 124 of 129
                                    http://fedgov.dnb.com/webform).


                                                                                              Appendix D
Forms 1 & 2 for Demonstration of Good Faith Efforts


FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION FORM

                                      DBE PARTICIPATION FORM
                           (RTA Disadvantaged Business Enterprises Program)

Purchase Order/IFB/RFP/RFQ No. 2010-FC-18

Project Name: Miscellaneous Concrete Construction Services

Name of Contractor: ____________________________


                                                                                      Dollar Amount and/or
   Name of DBE                                          Type of Work or Contract         Percentage (%)
    Participant                            Address       Items or Parts Provided




Please complete this DBE form per FTA Guideline 49 CFR 26.53. A good faith effort to include DBE
participation is required and should be listed and returned to the RTA.
If “None” a good faith effort documentation must be provided with this form.

Contractors are advised to view the RTA's Certified DBE Listing - http://www.tucp.org/ or
http://www.dot.state.tx.us/business/tucpinfo.htm for DBE Opportunities for this contract.

The undersigned Contractor hereby further certifies that she/he has read all of the attached Federal
Supplemental Conditions and agrees to abide by the terms, certifications, and conditions thereof.

The undersigned will enter into a formal agreement with the DBE Participants for work listed in this Schedule
upon execution of a contract with the Regional Transportation Authority.

NOTE: Any business listed above must be certified as a Disadvantaged Business Enterprise (DBE) or will be
provided an opportunity to be certified by the RTA.

Date: ______________________             __________________________________
                                                                         Name of Firm
                                                By: ________________________________

                                                 Name: _____________________________

                                                 Title: __________________________________


              MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                    IFB NO. 2010-FC-18
                                      Page 125 of 129
FORM 2: LETTER OF INTENT


Name of bidder/offeror’s firm: _______________________________

Address: ________________________________________________

City: _____________________________ State: _______ Zip: ______


Name of DBE firm: ________________________________________

Address: _________________________________________________

City: ________________________________State: _______ Zip: _____

Telephone: ___________________

Description of work to be performed by DBE firm:

-----------------------------------------------------------

-----------------------------------------------------------

-----------------------------------------------------------

-----------------------------------------------------------

The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The
estimated dollar value of this work is $ ___________.

Affirmation

The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as
stated above.

By __________________________________________________________
     (Signature)                (Title)

If the bidder/offeror does not receive award of the prime contract, any and all representations in this
Letter of Intent and Affirmation shall be null and void.

(Submit this page for each DBE subcontractor.)




               MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                     IFB NO. 2010-FC-18
                                       Page 126 of 129
                                                                                Appendix E


                          Buy America Certificate
Certification required for procurement of steel, iron, or manufactured
products (required for contracts over $100,000).

               Certificate of Compliance with 49 C.F.R. 661
The bidder or offeror hereby certifies that it will meet the requirements of Section
165(a) of the Surface Transportation Assistance Act of 1982 and the regulations
of 49 C.F.R. 661.

Date ________________________________________________________________

Signature _____________________________________________________________

Printed Name: ________________________________________________________

Title _________________________________________________________________

Company Name________________________________________________________


                                        or

            Certificate of Non-Compliance with 49 C.F.R. 661
The bidder or offeror hereby certifies that it cannot comply with the requirements
of Section 165(a) of the Surface Transportation Assistance Act of 1982 and the
regulations of 49 C.F.R. 661.7.

Date ________________________________________________________________

Signature ____________________________________________________________

Printed Name: ________________________________________________________

Title _________________________________________________________________

Company Name________________________________________________________


            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                  IFB NO. 2010-FC-18
                                    Page 127 of 129
                                                                                  Appendix F
                    Corpus Christi Regional Transportation Authority
                     DISCLOSURE OF INTERESTS CERTIFICATION


FIRM NAME: _____________________________________________________________

STREET:_______________________CITY__________________ZIP:______________

FIRM is:      1. Corporation


DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate
sheets.

1. State the names of each “employee” of the Regional Transportation Authority having an
“ownership interest” constituting 3% or more of the ownership in the above named “firm”.

NAME                                       JOB TITLE AND DEPARTMENT (IF KNOWN)

__________________________                 _____________________________________

__________________________                 _____________________________________

2. State the names of each “official” of the Regional Transportation Authority having an
“ownership interest” constituting 3% or more of the ownership in the above named “firm”.

NAME                                       TITLE

__________________________                 _____________________________________

__________________________                 _____________________________________

3. State the names of each “board member” of the Regional Transportation Authority
having an “ownership interest” constituting 3% or more of the ownership in the above named
“firm”.

NAME                                       BOARD, COMMISSION OR COMMITTEE

__________________________                 _____________________________________

__________________________                 _____________________________________




            MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                  IFB NO. 2010-FC-18
                                    Page 128 of 129
4.     State the names of each employee or officer of a “consultant” for the Regional
Transportation Authority who worked on any matter related to the subject of this contract and
has an “ownership interest” constituting 3% or more of the ownership in the above named
“firm”

NAME                                          CONSULTANT

__________________________                    _____________________________________

__________________________                    _____________________________________

CERTIFICATE

I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the Regional Transportation Authority, Texas as
changes occur.

    Certifying Person: __________________________ Title:_____________________
                    (Type or Print)

Signature of Certifying Person: ________________________ Date: _________




             MISCELLANEOUS CONCRETE CONSTRUCTION SERVICES (FISCAL YEAR 2011)
                                   IFB NO. 2010-FC-18
                                     Page 129 of 129

				
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