Special Provision – “Important Notice to Contractors (Contamination Information)”:

This special provision provides information concerning location, monitoring and testing requirements and responsibilities, excavation and de-watering procedures, as well as general preventive action information.

Special Provision to Item 7 – “Legal Relations and Responsibilities to the Public”:

Item 7 should be supplemented by a special provision providing for any additional insurance that may be required and for the prime construction contractor’s Health and Safety Plan. This special provision should indicate that a portion of the work is located within a contaminated area. The Health and Safety Plan should conform to all federal and state requirements for contractor personnel involved in construction activities within contaminated sites. Compliance with this plan is required for all contractors' onsite personnel. Additionally, a special provision to Item 7 should be included requiring the prime construction contractor to obtain a minimum amount of insurance, based on the limitations of amount of liability in the Civil Practice and Remedies Code - Section 101.023, to protect TxDOT. The prime construction contractor could include additional coverage, but it would be subject to competitive bids as overhead (special provision to Item 7). It is assumed that the bonding company would require pollution liability insurance for the contractor's bond for the project.

Special Provision “Control of Materials”: 6.10 – “Hazardous Materials”

should be amended to require the prime construction contractor to be responsible for removal or disposition of hazardous materials on any site owned or controlled by the State.

Special Provision to Item 110, “Excavation”: 110.2 - “Construction”

should be supplemented to provide information for handling contaminated excavation. The 110.4 - “Payment” schedule should be supplemented to provide special bid item descriptions to separate out the costs that are actually attributable to the contamination.

Special Provision to Item 400 – “Excavation and Backfill for Structures”:

Provision 400.31 - “Excavation” should be supplemented to provide information for disposal of contaminated excavation and de-watering activities. The 400.5 - “Payment” schedule should be supplemented to provide special bid item descriptions itemizing the costs actually attributable to the contamination.

Special Specification “Impermeable Liner”:

This specification may be needed to prevent contaminants from re-entering newly constructed storm sewers.

Other:

Special provisions should be provided for other items of work involving excavation of contaminated materials, such as drilled shafts and retaining walls.