7Legal Relations and Responsibilities

2.1 Safety Point of Contact . Designate, in writing, a Contractor Safety Point of Contact (CSPOC). The

Department will assign a Department employee for their point of contact designated as DSPOC. The Contract requires that the Contractor’s and subcontractor’s employees use the appropriate personal protecti ve equipment (PPE) (e.g., hardhats, safety vests, and protective toe footwear) to meet regulations . The Contractor will require that crew leaders and foremen (including subcontractors) have attended the required training.

2.2 Safety Preconstruction Meeting . In cooperation with the Engineer, schedule and attend a safety

preconst ruction meeting (may be a part of the preconstruction conference in accordance with Article 4.2., “Preconstruction Conference”). Attendees for this safety preconstruction meeting will be:  the Contractor,  subcontractors ,  the Department,  local law enforcement, and  other personnel who play an active role on the project .

2.3 Safety Contingency. T o improve the effectiveness of traffic handling and enhanc e safety during the course

of this project , a safety contingency fund may have been included in the project budget for traffic control plan adjustments and other safety -related improvements. Costs associated with the adjustments or improvements will be paid for in accordance with Article 9.7., “Payment for Extra Work and Force Account Method.” Article 9.7., “Payment for Extra Work and Force Account Method, ” is not intended to be used in lieu of bid items established by the Contract.

2.4 Public Safety and Convenience . In accordance with the Contract and as directed, p rovide for the safety

and convenience of the public and property. Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction to minimize disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage, and provide for ingress and egress to adjacent property . If the construction of the project requires the closing of a highway, as directed, coordinate the closure with the Engineer and work to ensure all lanes and ramps possible are available during peak traffic periods 45 before, during, and after significant traf fic generator events to avoid any adverse economic impact on the municipalities during:  dates or events as shown on the plans, and  other dates as directed. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. If the Engineer determines that any of the requirements of this Article have not been met, the Engineer may take corrective action. This will not change the legal responsibilities set forth in the Contract. The cost to the Department for this work will be deducted from any money due or to become due to the Contractor.

2.5 Use of Blue Warning Lights . Texas Transportation Code § 547.105 authorizes the use of warning lights to

promote safety and provides an effective means of gaining the traveling public’s attention as they drive in areas where construction crews are present. T o influence the public to move over when high- risk construction activities are taking place, minimize the use of blue warning lights. These lights must be used only while performing work on or near the travel lanes or shoulder where the traveling public encounters construction crews that are not protected by a standard work zone setup, such as a lane closure, a shoulder closure, or one- way traffic control. Refrain from leaving the warning lights engaged while traveling from one work location to another or while parked on the right of way away from the pavement or a work zone.

2.6 Barricades, Signs, and Traffic Handlin g. Comply with the requirements of Item 502 “Barricades, Signs,

and Traffic Handling,” and as directed. Provide traffic control devices as shown on the plans and in accordance with the TMUTCD and the Department’s Compliant Work Zone Traffic Control Device List (CWZTCDL) maintained by the Traffic Safety Division. When authorized or directed, provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic c ontrol should be changed, make all reasonable efforts to promptly contact the Engineer. Take prudent actions until the Engineer can be contacted. The Engineer will inspect the traffic control devices. Comply with the results of the inspection in the prescr ibed timeframe. The work performed and materials furnished in accordance with this Section and Item 502 have no bearing on the prosecution of Items 1– 10, “General Requirements and Covenants,” of the Contract. This includes, but is not limited to installing, relocating, and removing project limit advance warning signs.

2.6.1 Contractor Responsible Person and Alternate. Designate in writing a Contractor’s Responsible Person

(CRP) and an alternate to be the representative of the Contractor who is responsible for tak ing or directing corrective measures regarding the traffic control . The CRP or alternate must be accessible by tele phone 24 hr. per day and able to respond when notified. The CRP and alternate must comply with the requirements of Section 7.2.6.5 ., “Trainin g.”

2.6.2 Flaggers . Designate, in writing, a flagger instructor who will serve as a flagging supervisor and is responsible

for training and assuring that all flaggers are qualified to perform flagging duties. Certify to the Engineer that all flaggers will be tra ined and make available upon request a list of flaggers train ed to perform flagging duties . Provide flaggers as directed. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must dress appropriat ely; wear high- visibility safety apparel ; use flags, signs, stop -slow paddles, and other hand- signaling devices ; and follow the flagging procedures in the TMUTCD. Comply with the requirements of Section 7.2.6.5 ., “Training.”

2.6.3 Law Enforcement Personnel . Provide uniformed law enforcement personnel with patrol vehicles as

directed. Document the work zone traffic services provided in the manner prescribed by the Department. Law 46 enforcement personnel providing work zone traffic services must be tr ained for the service they perform. Comply with Section 7.2.6.5 ., “Training.”

2.6.4 Other Work Zone Personnel. Workers involved with traffic control, including the maintenance of the traffic

control, must comply with the requirements of Section 7 .2.6.5 ., “Traini ng.”

2.6.5 Training. Train w orkers involved with the traffic control using Department -approved training as shown on the

“Traffic Control Training” MPL. Coordinate enrollment, pay associated fees, and successfully complete Department -approved training or Contract or-developed training. Training is valid for the period prescribed by the provider. Except for law enforcement personnel training, refresher training is required every 4 yr. from the date of completion unless otherwise specified by the course provider. The Engineer may require training at a specified frequency instead of the period prescribed based on the Department ’s needs . Training and associated fees will not be measured or paid for directly, but will be subsidiary to pertinent Items. Certify to the Engi neer that workers involved in traffic control and other work zone personnel have been trained and make available upon request a copy of the certification of completion to the Engineer. The certification of completion includes:  name of provider and course t itle,  name of participant,  date of completion, and  date of expiration. Where Contractor -developed training or a Department -approved training course does not produce a certification, maintain a log of attendees. Make the log available upon request. Provide a log that is legible and includes:  printed name and signature of participant,  name and title of trainer, and  date of training. 2.6.5.1. Contractor -Developed Training . Develop and deliver Contractor -developed training meeting the minimum requirements established by the Department. The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting. The CRP or designated alternate may deliver the training instead of the Department -approved training. The work performed and materials furnished to develop and deliver the training will not be measured or paid for directly, but will be subsidiary to pertinent Items. 2.6.5.1.1. Flagger Training Mini mum Requirements . A Contractor ’s certified flagging instructor is permitted to train other flaggers. 2.6.5.1.2. Other Contractor -Developed Training for Other Work Zone Personnel . For other work zone personnel, the Contractor may provide training meeting the curriculum described below instead of Department -approved training. Minimum curriculum for Contractor -provided training is as follows. Contractor -developed t raining must provide information on the use of PPE, occupational hazards and health risks, and other pertinent topics related to traffic management . The type and amount of training will depend on the job duties and responsibilities. Develop training applicable to the work bei ng performed. Develop training to include the following topics.  Adopt a company safety motto: “ The Life You Save May Be Your Own,” or similar .  Purpose of the t raining includes the following. • “It’s the Law.” • Make work zones safer for w orkers and m otorist s. 47 • Understand w hat is n eeded for traffic control . • Save lives i ncluding your o wn.  Personal and co-w orker safety includes the following. • High -Visibility Safety Apparel . Discuss compliant requirements; inspect regularly for fading and reduced reflective properties ; if night operations are required, discuss the additional and appropriate required apparel in addition to special night work risks; and if moving operations are underway, discuss appropriate safety measures specific to the situation and traffic control plan. • Blind Areas . A blind area is the area around a vehicle or piece of construction equipment not visible to the operators, either by line of sight or indirectly by mirrors. Discuss the “Circle of Safety” around equipment and vehicles ; use of spotters; maintaining eye contact with equipment operators; and use of hand signals. • Runovers and Backovers. Remain alert at all times; keep a safe distance from traffic ; avoid turning your back to traffic , and if you must , then use a spotter; and stay behind protective barriers, whenever possible. It is not safe to sit on or lean against a concrete barrier; these barriers can deflect 4 ft. or more when struck by a vehicle. • Look out for each other and warn co- workers . • Be courteous to motorists . • Do n ot run across active roadways. • Workers must obey traffic laws and drive courteous ly while operating vehicles in the work zones . • Workers must be made aware of company distracted driving policies .  Nighttime Operations . Focus on projects with a nighttime elem ent.  Traffic Control Training. Basics of traffic control include the following. • Identify work zone traffic control supervisor and other appropriate persons to report issues to when they arise. • Emphasize that w ork zone t raffic control devices must be in clean and undamaged condition. If devices have been hit but not damaged, return them to their correct place and report to the traffic control supervisor . If devices have been damaged, replace with new devices and report to the traffic control supervisor . If devices are dirty, faded, or have missing or damaged reflective tape, clean or replace them and report to the traffic control supervisor . Show examples of unacceptable device conditions . Discuss various types of traffic control devices to be used and where spacing requirements can be found. • Channelizing Devices and Barricades with Slanted Stripes. Stripes must slant in the direction in which you want traffic to stay or move; d emonstrate this with a device. • Traffic Queuing. Workers must be made aware of traffic queuing and the dangers created by it. Workers must be instructed to immediately notify the traffic control supervisor and other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limi ts. • Signs . Signs must be straight and not leaning. Report problems to the traffic control supervisor or other as designated for immediate repair. Covered signs must be fully covered. If covers are damaged or out of place, report to the traffic control supervisor or other as designated.

7.1 Cultural Resources. Cease all work immediately if a site, building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way. The site, building, or location will be investigated and evaluated by the Department.

49 7.2. Protected and Imperiled Species and Wildlife . Cease all work immediately and within 50 ft. if a protected or imperiled species, or any species assumed to be protected or imperiled, or wildlife is encountered onsite. Allow any animals to leav e the area. Do not kill any wildlife. Contact Department environmental staff to investigate and evaluate any species or wildlife issues.

7.3 Migratory Birds. Bird and nes t removal must not occur during vegetation clearing, construction, or

maintenance activities on structures where birds or nests are present during the nesting season, as shown on the plans. If work will occur during the nesting season, measures to prevent nest establishment must be used before the start of nesting season or any activity. Contact Department environmental staff for assistance with birds and nests.

7.4 Texas Pollutant Discharge Elimination System (TPDES) Permits and Stormwater Pollution Prevention

Plans (SWP3s) .

7.4.1 Projects with Less than 1 Acre of Soil Disturbance Including Required Associated Project Specific

Locations (PSLs) in Accordance with TPDES Construction General Permit (CGP) No. TXR150000 . No construction site notice (CSN) posting will be required for soil disturbances within the right of way. Adhere to the requirements of the SWP3 and environmental layout as shown on the plans.

7.4.2 Projects with 1 Acre but Less than 5 Acres of Soil Disturbance Including Required Associated PSLs in Accordance with TPDES CGP No. TXR150000. The Department and the Contractor will operate under a

shared SWP3 for portions of the project in the right of way. The Department will be considered the primary operator with o perational control over plans and specifications as defined in TPDES C GP No. TXR150000 for construction activity in the r ight of way . The Department wil l post a small CSN and follow other requirements as defined in TPDES CGP No. TXR150000 as the entity having o perational control over plans and specifications for work shown on the plans in the right of way . The Contractor will be considered the primary operator with d ay-to-day operational control as defined in TPDES CGP No. TXR150000 for construction activity in the right of way . In addition to the Department’s actions, the Contractor will post a small CSN and follow other requirements as defined in TPDES CGP No. TXR150000 as the entity having d ay-to-day operational control of the work shown on the plans in the right of way . This is in addition to the Contractor being respons ible for TPDES C GP No. TXR150000 requirements for on- right-of-way and off -right-of-way PSLs . The Contractor will adhere to all requirements of the SWP 3 and environmental layout as shown on the plans. The Contractor will be responsible for implement ing the SWP3 for the project site as shown on the plans , in conformance with s pecifications, in accordance with TPDES CGP No. TXR150000, and as directed. Notification to Municipal Separate Storm Sewer System (MS4) operators (when applicable) upon project initiation and completion must be provided in accordance with TPDES CGP No. TXR150000 requirements. A signed copy of the small CSN will be provided to MS4 operators (where applicable) at least 2 days before commencing construction. With the Engineer’s concurrence upon the completion of soil disturbing activities and achieving permanent stabilization of 70% native background vegetation cover, the CSN may be removed.

7.4.3 Projects with 5 A cres or M ore of S oil Disturba nce Including Required Associated PSL s in

Accordance with TPDES CGP No. TXR150000. The Department and the Contractor will operate under a shared SWP3 for portions of the project in the right of way. The Department will be considered the primary operator with operational control over plans and specifications as defined in TPDES CGP No. TXR150000 for construction activities in the right of way . The Department wil l post a large CSN and file a N otice of Intent (NOI) ; Notice of C hange (NOC), if applicable, ; and Notice of T ermination (NOT) , along with other requirements in accordance with TPDES CGP No. TXR150000, as the entity having operational control over plans and specifications for work shown on the plans in the right of way . The Contractor w ill be considered the primary operator for day-to-day operational control as defined in TPDES CGP No. TXR150000 for construction activities in the right of way . In addition to the Department’s actions, the Contractor wi ll file a n NOI; NOC, if applicable ; and NOT and post a large CSN along with other 50 requirements as the entity having day -to-day operational control of the work shown on the plans in the right of way . This is in addition to the Contractor being responsible for TPDES C GP No. TXR150000 requirements for on- right-of-way and off -right-of way PSLs . Adhere to all requirements of the SWP3 and environmental layout as shown on the plans . 7.4.3.1. Notice of Intent (NOI). Contractor will s ubmit an NOI to TCEQ in accordance with TPDES CGP No. TXR150000 requirements. NOI must be submitted at least 7 days before commencement of construction activities at the project site. Contractor must file NOI under the same Regulated Enti ty Number (RN) as the Department. Provide a signed copy to the Engineer and any other MS4 operators (where applicable) at the time of submittal. The Department will submit their NOI before Contractor submission and will provide a copy for Contractor’s use in completing the Contractor’s NOI form . 7.4.3.2. Notice of Change (NOC) . Upon concurrence of the Engineer, s ubmit a n NOC to TCEQ within 14 days of discovery of a change or revision to the NOI as required by the CGP . Provide a signed copy of the NOC to the Engineer and any other MS4 operators (where applicable) at the time of submittal . 7.4.3.3. Notice of Termination (NOT) . Upon concurrence of the Engineer, s ubmit an NOT to TCEQ within 30 days of the Engineer’s approval that 70% native background vegetative cover is met or equivalent permanent stabilization has been employed in accordance with TPDES CGP No. TXR150000. Provide a signed copy of the NOT to the Engineer and any other MS4 operators (where applicable) at the time of submittal .

7.4.4 Training. All Contractor and subcontractor employees involved in soil disturbing activities, s mall or large

structures, storm water control measures, and seeding activities must complete training as prescribed by the Department . Training is provided by the Department at no cost to the Contractor and is valid for 3 yr. from the date of completion. The Engineer may require the following training at a frequency less than 3 yr. based on environmental needs .  “Environmental Management System: Awareness Training for the Contractor” (English and Spanish) (approximate running time 20 min.)  “Stormw ater: Environmental Requirements During Construction” (English and Spanish) ( approximate running time 20 min.) In addition to the standard training requirements, t he Contractor R esponsible Person —Enviro nmental (CRPE), alternate CRPE designated for emergencies, and Contractor’s superintendent must enroll in and complete the training listed on the Department Environmental Management System training matrix and maintain and make available upon request the certificate of completion. Training is provided by a third party and is valid for 3 yr. from the date shown on the certificate of completion. Training and associated fees will not be paid for directly , but will be subsidiary to Item 506, “ Temporary Erosion, Sedimentation, and Environmental Controls .”

7.5 Work in Waters of the United States. For work in the right of way, the Department will obtain any required Section 404 permits from USACE before work begins. Adhere to all agreements, mitigation plans, and

standard BMPs required by the permit. When Contractor -initiated changes in the construction method change the impacts on Waters of the United States , obtain new or revised Section 404 permits.

7.6 Work in Navigable Waters of the United States. For work in the right of way, the Department will obtain

any required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the permits and associated BMPs . When Contractor -initiated changes in the construction method change the impacts on Navigable Waters of the United States , obtain new or revised Section 9 permits.

7.7 Work over Recharge or Contributing Zone of Protected Aquifers . Make every reasonable effort to

minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by TCEQ. Use BMPs and perform work in accordance wi th the Contract requirements. 51 7.8. Project Specific Locations. For all PSLs on or off the right of way ( e.g., material sources, waste sites, parking areas, storage areas, field offices, staging areas, and haul roads), compl y with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment in accordance with Section 7.7.1., “Cultural Resources.” All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of environmental compliance activities, including environmental consultant reports and correspondence with the resource agencies. Provide documentation upon request . Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within Department right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, and asphalt plants. Ensure compliance with all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance.

7.9 Contractor Responsibility . If the Contractor initiates changes to the Contract and the Department approves

the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies.

16.1 Overweight Construction Traffic Crossing Structures . The Engineer may allow crossing of a structure not

open to the public within the work locations when divisible or non- divisible lo ads exceed legal weight limitations, including limits for load -posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be al lowed. Provide a manufacturer’s certificate of equipment weight that includes the weight distribution on the various axles and any additional parts , such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review by the Engineer. Permission may be granted if the Engineer finds that no damage or overstresses exceeding those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit.

16.2 Construction Equipment Operating on Structures . Cranes and other construction equipment use d to

perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed profes sional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review by the Engineer. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, c enter of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses exceeding those normally allowed for occasional overweight loads will occ ur.

16.3 Loads on Structures . Do not store or stockpile material on bridge structures without written permission. If

required, s ubmit a structural analysis and supporting documentation by a licensed professional engineer for review by the Engineer. Permission m ay be granted if the Engineer finds that no damage or overstresses exceeding those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective m easures as directed.

16.4 Hauling Divisible Overweight Loads on Pavement Within Work Locations . The Engineer may allow

divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. 54 17. CONTRACTOR’S RESPONSIBILITY FOR WORK Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause, whether arising from the execution or from the non-execution of the work. Protect all materials to be used in the work at all times, including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed by the Engineer. Repair damage to existing facilities or work caused by Contractor operations at the Contractor’s expense. Repair work for damage that was not due to the Contractor’s operations will not be paid for except as provided below.

17.1 Reimbursable Repair . Except for damage to appurtenances listed in Section 7.17.2.1., “Unreimbursed

Repair,” the Contractor will be reimbursed for repair of damage caused by:  motor vehicle, watercraft, aircraft, or railroad- train incident ;  vandalism ; or  Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of nature.

17.2 Appurtenances .

17.2.1 Unreimbursed Repair . Except for destruction (not reusable) due to Acts of God , reimbursement will not be

made for repair of damage to the following temporary appurtenances, regardless of cause:  signs,  barricades, and  other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are reimbursed in accordance with Section 7.17.2.2. , “Reimbursed Repair.” Truck- mounted attenuators, trailer attenuators, and portable changeable message signs are eligible for reimbursed repair in accordance with Section 7.17.2.2., “Reimbursed Repair.” Reimbursement will only be made when the Engineer directs the placement of the device in a location other than what is depicted in the Contract and the Contractor is unable to seek reimbursement from third- party insurance. Where the Contractor retains replaced appurtenances after completion of the project, the Department will limit the reimbursement to the cost that is above the salvage value at the end of the project.

17.2.2 Reimbursed Repair . Reimbursement will be made for repair of damage due to the causes listed in

17.3 Roadways and Structures. Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Department will not reimburse the Contractor for repair work to new construction,

unless the failure or damage is due to one of the causes listed in Section 7.17.1. , “Reimbursable Repair.” The Department will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor’s operations.

17.4 Detours . The Contractor will be responsible for the cost of maintenance of detours constructed under the

Contract, unless the failure or damage is due to one of the causes listed in Section 7.17.1., “Reimbursable Repair.” In addition, the Engineer will reimburse the Contractor for repairs to detours when failures occur for reasons beyond the Contractor’s control. Reimbursement will be made for repairs to detours constructed 55 unless the failure was due to materials and workmanship. The Department will be responsible for the cost of maintenanc e of existing streets and roadways used for detours or handling traffic.

17.5 Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance in accordance with this Section. This relief does not release the Contractor from responsibility for defective

materials or work or constitute final acceptance. The Engineer will direct the Contractor to remove advance warning signs upon issuance of relief from maintenance.

17.5.1 Isolated Work Locations . For isolated work locations, when all work is completed, including work in

accordance with Article 5.11., “Final Cleanup,” the Engineer may relieve the Contractor from responsibility for maintenance.

17.5.2 Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work in accordance with Article 5.11., “Final Cleanup,” with the

exception of vegetative establishment and maintenance periods and test and performance periods, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work.

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

17.5.4 When Directed by the Engineer . The Engineer may relieve the Contractor from the responsibility for

maintenance when directed.

17.6 Basis of Payment . When reimbursement for repair work is allowed and performed, payment will be made in

conformance with pertinent Items or in accordance with Article 4.4., “Changes in the Work.”

18.1 Definitions.

18.1.1 Electrical Work. Electrical work is work performed for:

 Item 610, “Roadway Illumination Assemblies,”  Item 614, “High Mast Illumination Assemblies,”  Item 616, “Performance Testing of Lighting Systems,”  Item 617, “Temporary Roadway Illumination,”  Item 618, “Conduit,”  Item 620, “Electrical Conductors,”  Item 621, “Tray Cable,”  Item 628, “Electric al Services,”  Item 680, “Highway Traffic Signals ,”  Item 681, “Temporary Traffic Signals,”  Item 684, “Traffic Signal Cables,”  Item 685, “Roadside Flashing Beacon Assemblies,”  Special Specification, “Duct Cable,”  other Items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks ,  the installation of conduit and wiring associated with Item 624, “Ground Boxes ” and Item 656, “Foundations for Traffic Control Devices ,” and  the installation of the conduit system for communication and fiber optic cable. Electrical work does not include the installation of communications or fiber optic cable, or the connections for low-voltage and inherently power -limited circuits, such as electronic or communications equipment. 56 Assembly and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered electrical work if no wiring, wiring connection, or conduit work is done at the time of assembly and placement.

18.1.2 Specialize d Electrical Work. Specialized electrical work is work that includes the electrical service and

feeders, sub- feeders, branch circuits, controls, raceways, and enclosures for the following:  pump stations,  moveable bridges,  ferry slips,  motor control centers,  facilities required in accordance with Item 504, “Field Office and Laboratory,”  rest area or other public buildings,  weigh -in-motion stations,  electrical services larger than 200 amps,  electrical services with main or branch circuit breaker sizes not shown in the Contract, and  any three- phase electrical power.

18.1.3 Certified Person . A certified person is a person who has passed the test from the Department’s course

TRF450, “TxDOT Roadway Illuminations and Electrical Installations ,” or other courses as approved by the Traffic Safety Division. Submit a current and valid TRF certification upon request. Texas A&M Engineering Extension Service (TEEX) certifications for “TxDOT Electrical Systems” course will not be accepted.

18.1.4 Licensed Electrician . A licensed electrician is a person with a current and valid unrestricted master

electrical license, or unrestricted journeyman electrical license, who is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times while electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on S tate s ystem work. The unrestricted journeyman and unrestricted master electric ian licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a wri tten test and demonstrating experience. The Engineer may accept other states’ electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on:  passing a test based on the NEC like that used by Texas licensing officials, and  sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas.

18.2 Work Requirements. The qualifications required to perform electrical work and specialized electrical work

are shown i n Table 1. 57 Table 1 Work R equirements Type of Work Qualifications to Perform Work Electrical work with plans Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Electrical work without plans Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed electrician or workers directly supervised by a licensed electrician Replace lamps, starting aids, and changing fixtures Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Conduit in precast section with approved working drawings Inspection by licensed electrician or certified person Conduit in cast -in-place section Inspection by licensed electrician or certified person All other electrical work (e.g., troubleshooting, repairs, and component replacement) Licensed electrician or workers directly supervised by a licensed electrician “Directly supervised by a licensed electrician” means that a licensed electrician is physically present during all electrica l work. “Directly supervised by a licensed electrician or certified person” means that a licensed electrician or certified person is physically present during all electrical work. A non- certified person may install conduit in cast -in-place concrete sections if the work is verified by a certified person before concrete placement. When IMSA certification is specified on the plans, the requirements shown in Table 1 will still apply to the installation of the conduit, ground boxes, electrical services, pole grounding, and electrical conductors installed in accordance with Item 620.

19.1 Minimum Wage Requirements for Federally Funded Contracts . Comply with the requirements of

FHWA -1273, “Required Contract Provisions Federal -Aid Construction Contracts.” For construction contracts, submit electronic payroll records to the Engineer using the Department’s payroll system. For federal -aid maintenance contracts, submit payroll records to the Engineer.

19.2 Minimum Wage Requirements for St ate-Funded Contracts . Comply with the requirements of

29 USC § 206 unless otherwise shown in the Contract . For construction contracts, submit electronic payroll records to the Engineer using the Department’s payroll system. For State-funded maintenance contracts, submit payroll records to the Engineer upon request. 58 20. SECURITY INCIDENTS

20.1 Reporting of Security Incidents . Immediately notify the Department’s Cyber Security Operations Center

(CSOC) via the Report Cybersecurity Incident form on txdot.gov of any potential cybersecurity incident or breach involving Department data. A breach of system security is the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data.

20.2 Liability for Costs Incurred . The Department reserves the right to hold the Contractor liable for all costs

incurred by the Department to resolve a security incident introduced by the Contractor, their subcontractors, or their suppliers .