Article 1 — Applicability
Wherever the following terms are used in these specifications or other Contract documents, the intent and meaning will be interpreted as shown below.
Article 2 — Abbreviations
AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee, Inc. AMPP Association for Materials Protection and Performance AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance -of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nond estructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S. Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Materials Specification EIA Electronic Industries Alliance EPA U.S. Environmental Protection Agency FHWA Federal Highway Administration, U.S. Department of Transportation FSS Federal Specifications and Standards (General Services Administration) GSA General Services Administration HUB Historically Underutilized Business 4 ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITE Institute of Transportation Engineers ITS Intelligent Transportation System LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List NCHRP National Cooperative Highway Research Program NCR Nonconformance Report NEC National Electrical Code (Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NPCA National Precast Concrete Association NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance OSHA Occupational Safety and Health Administration, U.S. Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PPI Plastics Pipe Institute PS&E Plans, Specifications, and Estimates PSL Project Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TMUTCD Texas Manual on Uniform Traffic Control Devices UL Underwriters Laboratory, Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association
Article 3 — Definitions
3.1 Abrasive Blastin g. Spraying blasts of pressurized air combined with abrasive media.
3.2 Actual Cost . Contractor’s actual cost to provide labor, material, equipment, and project overhead necessary
for the work.
3.3 Addendum . Change in proposal forms developed between advertising and bid submittal deadline.
5 3.4. Additive Alternate. A bid item contained in a proposal that is not a regular item or a replacement alternate bid item. The additive alternate item(s) include work that may be added to the base bid at the time of lett ing.
3.5 Advertisement . The public announcement required by law inviting bids for work to be performed or materials
to be furnished.
3.6 Affiliates . Two or more Bidders are affiliated if they share common officers, directors, or stockholders; a
family member of an officer, director, or stockholder of one Bidder serves in a similar capacity in another of the Bidders; an individual who has an interest in, or controls a part of, one Bidder either directly or indirectly also has an interest in, or controls a part of, another of the Bidders; the Bidders are so closely connected or associated that one of the Bidders, either directly or indirectly, controls or has the power to control another Bidder; one Bidder controls or has the power to control another Bidder; or the Bi dders are closely allied through an established course of dealings, including, but not limited to, the lending of financial assistance. Refer to 43 TAC § 9.12(g), “Affiliated Entities.”
3.7 Air Blasting . Spraying blasts of pressurized air free of oil and moist ure.
3.8 Air Temperature . The temperature measured in degrees Fahrenheit (°F) in the shade, not in the direct rays
of the sun, and away from artificial heat.
3.9 Anticipated Profit . Profit for work not performed.
3.10 Apparent Low Bidder . The Bidder determined to have the numerically lowest total bid as a result of the
tabulation of bids by the Department.
3.11 Architect of Record . A person registered as an architect or licensed as a landscape architect, in
conformance with State law, exercising overall responsibility for the design or a significant portion of the design and performing certain Contract administration responsibilities as described in the Contract; or a firm employed by the State to provide professional architectural services.
3.12 Arterial Highway . A highway used primarily for through traffic and usually on a continuous route.
3.13 Available Bidding Capacity. The Contractor’s approved bidding capacity less uncompleted work on Department Contracts.
3.14 Award . The Commission’s acceptance of a Contractor’s bid for a proposed Contract that authorizes the
Department to enter into a Contract.
3.15 Bid. The offer from the Bidder for performing the work described in the proposal.
3.16 Bid Bond. The security executed by the Contractor and the Surety furnished to the Department to guarantee
payment of liquidated damages if the Contractor fails to enter into an awarded Contract.
3.17 Bid Error . A mathematical mistake made by a Bidder in the unit price entered into the proposal.
3.18 Bidder . An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for
a proposed Contract.
3.19 Bidders Questionnaire. A prequalification form that reflects detailed equipment and experience data but
waives audited financial data.
3.20 Bidding Capacity . The maximum dollar value a Contractor may have under Contract with the Department at
any given time. 6 3.21. Blast Cleaning . Using one of the blasting methods including, but not limited to w ater blasting, low -pressure water blasting, high- pressure water blasting, abrasive blasting, water -abrasive blasting, shot blasting, slurry blasting, water - injected abrasive blasting, and brush blasting.
3.22 Bridge . A structure, including supports, erected over a depression or an obstruction (e.g., water, a highway,
or a railway) with a roadway or track for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 ft. between faces of abutments, spring lines of arches, or extreme ends of the openi ngs for multiple box culverts.
3.23 Brush Blasting . Sweeping lightly with an abrasive blast to remove loose material.
3.24 Building Contract . A Contract entered under Transportation Code, Chapter 223, Subchapter A,
“Competitive Bids,” for the construction or maintenance of a Department building or appurtenance facilities. Building Contracts are considered construction Contracts.
3.25 Callout Work . Contracts, or work items in Contracts, that require a Contractor’s response on an as -needed
basis (e.g., see Item 351, “Flexible Pavement Structure Repair”).
3.26 Certificate of Insurance. A form approved by the Department covering insurance requirements stated in the
Contract.
3.27 Change Order . Written order to the Contractor detailing changes to the specified work, item quantities, or
any other modification to the Contract.
3.28 Commission . The Texas Transportation Commission or authorized representative.
3.29 Concrete Construction Joint . A joint formed by placing plastic concrete in direct contact with concrete that
has attained its initial set.
3.30 Concrete Repair Manual . Department manual specifying methods and procedures for concrete repair as an
extension of the standard specifications.
3.31 ConcreteWorks© . Department -owned software for concrete heat analysis. Software is available on the
Department’s website.
3.32 Confidential Questionnaire . A prequalification form that reflects detailed financial and experience data.
3.33 Construction Contract . A Contract entered under Transportation Code § 223.001(b)(1), for the
construction, reconstruction, repai r, or maintenance of a segment of the State highway system.
3.34 Consultant . The licensed professional engineer or engineering firm, or the architect or architectural firm,
registered in the State of Texas and under Contract to the Department to perform profess ional services. The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record.
3.35 Contract . The agreement between the Department and the Contractor establishing the obligations of the
parties for furnishing of materials and performance of the work prescribed in the Contract documents.
3.36 Contract Documents. Elements of the Contract including, but not limited to, the plans, specifications incorporated by reference, special provisions, special specifications, Contract bonds, change orders, and
supplemental agreements.
3.37 Contract Time . The number of working days specified for completion of the work, including authorized
additional working days. 7 3.38. Contractor . The individual, partnershi p, limited liability company, corporation, or joint venture and all principals and representatives with which the Contract is made by the Department.
3.39 Control of Access. The condition in which the right to access of owners or occupants of abutting land or
other persons in connection with a highway is fully or partially controlled by public authority.
3.40 Control Point . An established point shown on the plans to provide vertical and horizontal references for
geometric control for construction.
3.41 Controlled Access Highway. Any highway to or from which access is denied or controlled, in whole or in
part, from or to abutting land or intersecting streets, roads, highways, alleys, or other public or private ways.
3.42 Cross -Sections. Graphic representations of the original ground and the proposed facility, at right angles to
the centerline or base line.
3.43 Culvert . Any buried structure providing an opening under a roadway for drainage or other purposes. Culverts
may also be classified as bridges. (See Section 1.3.22., “Bridge.”)
3.44 Cycle. The activity necessary for performing the specified work within the right of way project limits once.
3.45 Daily Road -User Cost . Damages based on the estimated daily cost of inconvenience to the traveling public
resulting from the work .
3.46 Debar (Debarment) . Disqualification of an entity from bidding on or entering into a Contract with the
Department, from participating as a subcontractor under a Contract with the Department, and from participating as a supplier of materials or equipment t o be used under a Contract with the Department. Refer to 43 TAC § 10.2, “Definitions.”.
3.47 Department . The Texas Department of Transportation (TxDOT).
3.48 Departmental Materials Specifications. Reference specifications for various materials published by the
Mater ials and Tests Division.
3.49 Detour . A temporary traffic route around a closed portion of a road.
3.50 Direct Traffic Culvert . Concrete box culvert whose top slab is used as the final riding surface or is to have
an overlay or other riding surface treatment.
3.51 Disadvantaged Business Enterprise. A for -profit small business certified through the Texas Unified
Certification Program in accordance with 49 CFR Part 26, that is at least 51% owned by one or more socially and economically disadvantaged individuals, or in the c ase of a publicly owned business, in which at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it .
3.52 Divided Highway . A highway with separate roadways intended to move traffic in opposite directions.
3.53 Easement . A real property right acquired by one party to use land belonging to another party for a specified
purpose.
3.54 Electronic Vault . The Department’s bi dding system where electronic bids are stored before bid opening.
3.55 Engineer . The Chief Engineer of the Department or the authorized representative of the Chief Engineer.
3.56 Equipment Watch. Publication containing equipment rental rates.
3.57 Escalation Ladder . A pr ocess to determine issue resolution during the course of the Contract.
8 3.58. Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections.
3.59 Family Member . A family member of an individual is the individual’s parent, parent’s spouse, stepparent,
stepparent’s spouse, sibling, sibling’s spouse, spouse, child, child’s spouse, spouse’s child, spouse’s child’s spouse, grandchild, grandparent, uncle, uncle’s spouse, aunt, aunt’s spouse, first cousin, or first cousin’s spouse. Refer to 43 TAC § 9.12(g), “Affiliated Entities.”
3.60 Force Account . Payment for directed work based on the actual cost of labor, equipment, and materials
furnished with markups for project overhead and profit.
3.61 Freeway. An expressway with full control of access.
3.62 Frontage Road. A local street or road auxiliary to and located along an arterial highway for service to
abutting property and adjacent areas and for control of access (sometimes known as a service road, access road, or insulator road).
3.63 Hazardous Materials or Waste. Hazardous materials or waste include, but are not limited to, explosives,
compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materi als, corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations.
3.64 High -Pressure Water Blasting . Water blasting with pressures between 5,000 and 10,000 psi.
3.65 Highway, Street, or Road . General terms denoting a public way for purposes of and related to vehicular,
pedestrian, and bicycle travel, including the entire area within the right of way including Intersections and Easements; all related structures, improvements, and appurtenances, including but not limited to the roadside and roadside facilities, drainage systems, signal systems, and other traffic in formation and control systems; or other structures or improvements that directly or indirectly serve public travel. Recommended usage in urban areas is highway or street , and in rural areas, highway or road.
3.66 Historically Underutilized Business (HUB) . A corporation, sole proprietorship, partnership, or joint venture
formed for the purpose of making a profit certified by the Texas Building and Procurement Commission, and 51% owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, Asian- Pacific Americans, Native Americans, or women, and have a proportionate interest and demonstrate active participation in the control, operation, and management of the business’ affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification.
3.67 In Writing . Communication memorialized, including written or electronic documentation by email or letter
only.
3.68 Incentive and Disincentive Provisions. An adjus tment to the Contract price of a predetermined amount for
each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion dates. The amount of the incentive and disincentive is determined based on estimated costs for engineering, traffic control, delays to the motorists, and other items involved in the Contract.
3.69 Independent Assurance Tests. Tests used to evaluate the sampling and testing techniques and equipment
used in the acceptance program. The tests are performed by the Department and are not used for acceptance purposes.
3.70 Inspector . The person assigned by the Engineer to inspect for compliance with the Contract any or all parts
of the work and the materials used. 9 3.71. Intelligent Transportation System . An integrated sy stem that uses video and other electronic detection devices to monitor traffic flows.
3.72 Intersection . The general area where two or more highways, streets, or roads join or cross, including the
roadway and roadside facilities for vehicular, pedestrian, and bicycle traffic movements within it.
3.73 Island . An area within a roadway from which vehicular traffic is intended to be excluded, together with any
area at the approach occupied by protective deflecting or warning devices.
3.74 Joint Venture . Any combination of individuals, partnerships, limited liability companies, or corporations
submitting a single bid proposal.
3.75 Lane Rental . A method to assess the Contractor daily or hourly rental fees for each lane, shoulder, or
combination of lanes and shoulders taken out of service.
3.76 Letting . The receipt, opening, tabulation, and determination of the apparent low Bidder.
3.77 Letting Official. The Executive Director or any Department employee empowered by the Executive Director
to officially receive bids and close the receipt of bids at a letting.
3.78 Licensed Professional Engineer . A person who has been duly licensed by the Texas Board of Professional
Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional Engineer.
3.79 Limits of Construct ion. An area with established boundaries, identified within the highway right of way and
easements, where the Contractor is permitted to perform the work.
3.80 Local Street or Road . A street or road primarily for access to residence, business, or other abutting
property.
3.81 Low-Pressure Water Blasting . Water blasting with pressures between 3,000 and 5,000 psi.
3.82 Major Item . An item of work included in the Contract that has a total cost equal to or greater than 5% of the
original Contract or $100,000 whichever is less. A major item at the time of bid will remain a major item. An item not originally a major item does not become one through the course of the Contract.
3.83 Material Producer List . Department -maintained list of approved products, materials, laboratories, service
providers, manufacturers, and producers.
3.84 Materially Unbalanced Bid . A bid that generates a reasonable doubt that award to the Bidder submitting a
mathematically unbalanced bid will result in the lowest ultimate cost to the State.
3.85 Materials Contract . A Contract entered under Transportation Code § 223.001(b)(2) and (3) for roadway
materials, maintenance materials, traffic control devices, or safety devices. These Contracts are designated as “MMC” and “TMC” for Maintenance Materials Contract s or Traffic Materials Contracts, respectively.
3.86 Materials Supplier’s Questionnaire. A prequalification form that reflects basic information, such as
company contact, signature authority, and other requirements, but waives financial, equipment, and experience data.
3.87 Mathematically Unbalanced Bid . A bid containing bid prices that do not reflect reasonable actual costs plus
a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs, and other indirect costs.
3.88 Median . The portion of a div ided highway separating the traffic lanes in opposite directions.
10 3.89. Milestone Date. The date that a specific portion of the work is to be completed before the completion date for all work under the Contract.
3.90 Monolithic Concrete Placement . The placement of plastic concrete in such manner and sequence to
prevent a construction joint.
3.91 National Holidays . January 1, the last Monday in May, July 4, the first Monday in September, the fourth
Thursday in November, December 24, and December 25.
3.92 Nonhazardous Recyclable Material . A material recovered or diverted from the nonhazardous waste stream
for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials.
3.93 Nonresident Bidder . A Bidder whose principal place of business is not in Texas. This includes a Bidder
whose ultimate parent company or majority owner does not have its principal place of business in Texas.
3.94 Nonresponsive Proposal . A proposal that does not meet the criteria for acceptanc e contained in the
proposal form.
3.95 Non-Site-Specific Contracts. Contracts where a geographic region is specified for the work and work
orders, with or without plans, detail the limits and work to be performed.
3.96 Notification . Either written or oral instruction to the Contractor. Voice mail is oral notification.
3.97 Pavement . That part of the roadway with a constructed surface for the use of vehicular traffic.
3.98 Pavement Structure. Combination of surface course and base course placed on a subgrade to support the
traffic load and distribute it to the roadbed.
3.98.1 Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface course.
3.98.2 Subgrade . The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are
constructed.
3.98.3 Subgrade Treatment . Modifying or stabilizing material in the subgrade.
3.98.4 Surface Course. Pavement structure layers designed to accommodate the traffic load. The top layer resists
skidding, traffic abrasion, and the disintegrating effects of clim ate and is sometimes called the wearing course.
3.99 Payment Bond . The security executed by the Contractor and the Surety, furnished to the Department to
guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.100. Performance Bond . The security executed by the Contractor and the Surety, furnished to the Department to guarantee the completion of the work in accordance with the terms of the Contract. 3.101. Plans . The drawings approved by the Engineer, including true reproductions of the drawings t hat may show the location, character, dimensions, and details of the work and are a part of the Contract. Documents may include drawings or digital files. 3.102. Power of Attorney for Surety Bonds . An instrument under corporate seal appointing an attorney -in-fact to act on behalf of a Surety in signing bonds. 3.103. Prequalification . The process for determining a Contractor’s eligibility to bid work. 11 3.104. Prequalification Statement . The forms on which required information is furnished concerning the Contractor’s ability to perform and finance the work. 3.105. Project Specific Location . A material source, plant, waste site, parking area, storage area, field office, staging area, haul road, or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. 3.106. Proposal . The offer from the Bidder submitted on the prescribed form, including addenda issued, giving unit bid prices for performing the work described in the plans and specifications. 3.107. Proposal Form . The form printed and sent to the Bidder by the Department or printed by the Bidder from the Department’s bidding system. 3.108. Proposal Guaranty. The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.109. Quality A ssurance (QA) . Sampling, testing, inspection, and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.110. Quality Control (QC) . Sampling, testing, and other process control activities conducted by the Contractor to monitor production and placement operations. 3.111. Ramp . A section of highway for the primary purpose of making connections with other highways. 3.112. Recurring Maintenance Work Contracts. Contracts or work for which maintenance is needed at the same location on more than one occasion (e.g., mowing Contracts for which mowing cycles are requested on multiple occasions). 3.113. Referee Tests. Tests requested to resolve differences between Contractor and Engineer test results. The referee laboratory is the Materials and Tests Division. 3.114. Regular Item . A bid item contained in a proposal and not designated as an additive alternate or replacement alternate bid item. 3.115. Rental Rate Blue Book for Construction Equipment . Publication containing equipment rental rates. 3.116. Repair . Performed under Transportation Code §223, Subchapter A for Highway Improvement Contracts and includes restoration of a Highway, Street, or Road by replacing or putting together, in whole or in part, what is torn, broken, or otherwise damaged. Repair denotes the process of restoring all or part of a Highway, Street, or Road that has been subjected to decay, waste, injury, partial destruction, erosion, dilapidation, degradation, etc. Repair includes work in Construction and Routine Maintenance Contracts . 3.117. Replacement Alter nate. A bid item identified the proposal form that a Bidder may substitute for a specific regular item of work. 3.118. Responsive Bid . A proposal that meets all requirements of the proposal form for acceptance. 3.119. Right of Way . A general term denoting land or proper ty devoted to transportation purposes. 3.120. Roadbed. The graded portion of a highway prepared as foundation for the pavement structure and shoulders. On divided highways, the depressed median type and the raised median type highways are considered to have two r oadbeds. Highways with a flush median are considered to have one roadbed. Frontage roads are considered separate roadbeds. 3.121. Road Master . A railroad maintenance official in charge of a division of railway. 12 3.122. Roadside . The areas between the outside edges of the shoulders and the right of way boundaries. Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.123. Roadway. The portion of the highway (including shoulders) used by the traveling public. 3.124. Routine Mainte nance Contract . A maintenance Contract entered under Transportation Code Subchapter A for Highway Improvement Contracts let through and executed as a result of the routine maintenance contracting procedure, to preserve and repair roadways, bridges, and rights of way, with all its components to its designed or accepted configuration. 3.125. Sandblasting, Dry . Spraying blasts of pressurized air combined with sand. 3.126. Sandblasting, Wet . Spraying blasts of pressurized water combined with sand. 3.127. Shot Blasting. Spraying blasts of pressurized air combined with metal shot. 3.128. Shoulder . That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.129. Sidewalk . Portion of the ri ght of way constructed exclusively for pedestrian use. 3.130. Slurry Blasting . Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.131. Small Business Enterprise. A firm (including affiliates) whose annual gross receipts do not exceed the U.S. Small Business Administration’s size standards for 4 consecutive yr. 3.132. Special Provisions. Additions or revisions to these standard specifications or special specifications. 3.133. Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications. 3.134. Specifications. Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract. References to DMSs, ASTM or AASHTO specifications, or Department bulletins and manuals imply the latest standard or tentative standard in effect on the date of the proposal. The Engineer will consider incorporation of subsequent changes to these documents in accordance with Item 4, “Scope of Work.” 3.135. State . The State of Texas. 3.136. State Holiday. A holiday authorized by the State Legislature excluding optional State holidays and not listed in Section 1.3.91., “National Holidays.” A list of State holidays can be found on the Department’s website. 3.137. Station . A unit of measurement consisting of 100 horizontal ft. 3.138. Subcontract . The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of m aterials and performance of the work prescribed in the Contract documents. 3.139. Subcontractor . An individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, a truck owner -operator, a wholly owned subsidiary, or specialty -type businesses such as security companies and rental companies. 3.140. Subsidiary . Materia ls, labor, or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 13 3.141. Substantial Completion of Work . The date (day) when all project work requi ring lane or shoulder closures or obstructions is completed, and traffic is following the lane arrangement as shown on the plans for the finished roadway; all pavement construction and surfacing are complete; and traffic control devices and pavement markings are in their final position, unless otherwise shown on the plans. The Engineer may make an exception for permanent pavement markings provided the lack of markings does not cause a disruption to traffic flow or an unsafe condition for the traveling publi c, and work zone pavement markings are in place. 3.142. Substructure . The part of the structure below the bridge seats but not including bearings, drilled shafts, or piling. Parapets, back walls, wing walls of the abutments, and drainage structures are considered parts of the substructure. 3.143. Superintendent . The representative of the Contractor who is available at all times and able to receive instructions from the Engineer or authorized Department representatives and to act for the Contractor. 3.144. Superstructure . The part of the structure above the bridge seats or above the springing lines of arches and including the bearings. Flatwork construction may be considered superstructure. 3.145. Supplemental Agreement . Written agreement entered into between the Contractor and the State and approved by the Surety, covering alterations and changes in the Contract. A supplemental agreement is used by the Department whenever the modifications include assignment of the Contract from one entity to another or other cases as desired by the Department. 3.146. Surety . The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3.147. Surplus Materials. Any debris or material related to the Contract not incorporated into the work. 3.148. Suspension. Action taken by the Department or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a highway improvement Contract as defined in Transportation Code, Chapter 223, Subchapter A. 3.149. Traffic Lane . The strip of roadway intended to accommodat e the forward movement of a single line of vehicles. 3.150. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 3.151. Truck Owner -Operator . An individual who owns and operates one truck for hire. 3.152. UT-Bridge . Department -owned software for steel girder erection. Software is available on the Department’s website. 3.153. UT-Lift. Department -owned software for steel girder erection. Software is available on the Department’s website. 3.154. Utility . Privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power, heat, gas, oil, water, waste, or stormwater that are not connected with the highway drainage, signal systems, or other products that directly or indirectly serve the public; the utility company. 3.155. Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing. 3.156. Water -Abrasive Blasting . Spraying blasts of pressurized water combined with abrasive media. 14 3.157. Water Blasting . Spra ying blasts of pressurized water of at least 3,000 psi. 3.158. Water -Injected Abrasive Blasting . Abrasive blasting with water injected into the abrasive and air stream at the nozzle. 3.159. Wholly Owned Subsidiary . A legal entity owned entirely by the Contractor or subc ontractor. 3.160. Work . The furnishing of all labor, materials, equipment, and incidentals necessary for the successful completion of the Contract. 3.161. Work Order . Written notice to the Contractor to begin the work. The work order may include the date when work and t ime charges will begin, the allowable number of working days, and plan sheets providing details specific to a location or to an item of work for non- site-specific work. A work order is part of the Contract. 3.162. Written Notice . Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular, registered, or certified mail and delivered to the last known business address; sent by facsimile to the last known phone number; or sent by email to the last known address. The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to provide current contact information will not be considered a failure to provide written notice.