Special Construction Contract Provisions (September, 1997) - SP-3

The following Special Provisions modify, amplify, or amend the General Provisions with respect to the clauses cited below and no other clauses or requirements of these items are waived or changed hereby. The Special Provisions shall take precedence over the General Provisions.

SP-1. Modify Section 10 - Definition of Terms
SP-2. Modify Section 20 - Proposal Requirements and Conditions
SP-3. Modify Section 30 - Award and Execution of Contract
SP-4. Modify Section 40 - Scope of Work
SP-5. Modify Section 50 - Control of Work
SP-6. Add to Section 60 - Control of Materials
SP-7 Modify Section 70 - Legal Regulations and Responsibility to Public
SP-8. Modify Section 80 - Prosecution and Progress
SP-9. Modify Section 90 - Measurement and Payment
SP-10. Certification of NPDES Permit

SP-3. Modify SECTION 30 - AWARD AND EXECUTION OF CONTRACT as follows:

In Paragraph 30-02 AWARD OF CONTRACT, change the first sentence to read:

The award of a contract, if it is to be awarded, shall be made within 60 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. No award shall be made until TxDOT has concurred in the owner's recommendation to make such award and has approved the owner's proposed contract to the extent that such concurrence and approval are required by 49 CFR Part 18.

Add Paragraph 30-09 BEGINNING OF WORK as follows:

If a Storm Water Pollution Prevention Plan (SW3P) is in cluded in this project, the Contractor, and all subcontractors implementing any measure identified on the SW3P, must submit to the Engineer a signed copy of the certification statement as described in Part IV.E.2 of the National Pollutant Discharge Elimination System permit (40 CFR Part 122) and in the Special Provision, SP-9 "Certification of NPDES Permit", no later than 48 hours prior to beginning work. The Contractor must participate in a pre-construction conference before work can begin, at which time these certifications will be required.

Add Paragraph 30-10 CERTIFICATE OF INSURANCE as follows:

Within 15 days after receipt of written notification of conditional award of the contract the bidder shall furnish to the Aviation Division the TxDOT - Aviation Division Certificate of Insurance form covering the below listed insurance coverages:

1. Worker's Compensation Insurance Amount - Statutory
2. Commercial General Liability Amount - $500,000 combined single limit
3. Texas Business Automobile Amount - Bodily Injury - $200,000 each person; $500,000 each occurrence
4. Property Damage - $ 20,000 each occurrence

This insurance shall be kept in force until the work described in this contract has been completed and accepted by the Department. If for any reason insurance coverage is not kept in force, all work will be stopped until an acceptable Certificate of Insurance is provided to the Department.

The Texas Department of Transportation (TxDOT) shall be included as an "Additional Insured" by Endorsement to policies issued for coverages listed in B and C above. A "Waiver of Subrogation Endorsement" in favor of TxDOT shall be a part of each policy for coverages listed in A, B and C above.