CAMERON COUNTY Bid Proposal, Contract, & 2021 Specifications Documents

PROJECT: ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

Bid No. 210203

The packet includes all required County forms.

For questions & answers, please contact:

PROJECT ENGINEER: BENJAMIN L. WORSHAM, P.E., P.T.O.E. COUNTY ENGINEER 1390 W. EXPRESSWAY 83 SAN BENITO, TEXAS 78586 (956) 247-3500

BID PROPOSAL, CONTRACT & SPECIFICATIONS

Cameron County Commissioners’ Court

Hon. Eddie Trevino, Jr. County Judge

Ms. Sofia C. Benavides County Commissioner, Pct. 1

Mr. Joey Lopez County Commissioner, Pct. 2

Mr. David A. Garza County Commissioner, Pct. 3

Mr. Gustavo Ruiz County Commissioner, Pct. 4

Cameron County Department of Transportation

Pete Sepulveda, Jr. County Administrator

Benjamin L. Worsham, P.E. County Engineer

TABLE OF CONTENTS

Pages

SECTION 1: BID PROPOSAL DOCUMENTS Note: Section 1 – A, B, C are to be submitted as part of the Bid Proposal documents.

A. BID PROPOSAL ………………………………………………………………………………. 1-26 Invitation to Bid and Advertisement Instruction for Submitting Bids Instruction to Bidders (Special Provisions) Technical Special Instruction to Bidders Bid Proposal List of Sub-Contractors Addendum Acknowledgement Bid Bond Statement of Bidder's Qualifications Certificate as to Corporate Principle

B. CAMERON COUNTY PURCHASING DEPT. FORMS …………………………… 1-15 (These forms must be submitted with the bid proposal) Attachment A: Vendor References Attachment B: Non-Collusion Affidavit of Prime Bidder Attachment C: Residence Certification Attachment D: Non-Lobbying Certification Attachment E: Order Adopting Contracting Rules for Persons Indebted to County Attachment F: Regarding Debarment, Suspension, Ineligibility Attachment G: Conflict of Interest Questionnaire Attachment H: Disclosure of Interest

TABLE OF CONTENTS Page 1

TABLE OF CONTENTS

Pages

SECTION 2: CONTRACT DOCUMENTS …………………………………………...… 1-10 Standard Form of Agreement Performance Bond Payment Bond Attorney’s Review Certifications Notice of Award Letter

SECTION 3: GENERAL CONDITIONS …………………………………..……………………… 1-33 Terms and Conditions General Conditions of the Agreement Prevailing Wage Requirements Special Provisions

SECTION 4: TECHNICAL SPECIFICATIONS ITEM 105 REMOVING TREATED AND UNTREATED BASE AND ASPHALT PAVEMENT ITEM 161 COMPOST ITEM 204 SPRINKLING ITEM 210 ROLLING ITEM 216 PROOF ROLLING ITEM 247 FLEXIBLE BASE ITEM 247-003 SPECIAL PROVISION ITEM 300 ASPHALTS, OILS, AND EMULSIONS ITEM 301 ASPHALT ANTISTRIPING AGENTS ITEM 305 SALVAGING, HAULING, AND STOCKPILING RECLAIMABLE ASPHALT PAVEMENT ITEM 310 PRIME COAT ITEM 316 SEAL COAT ITEM 320 EQUIPMENT FOR ASPHALT CONCRETE PAVEMENT ITEM 340 DENSE-GRADED HOT-MIX ASPHALT (SMALL QUANTITY) ITEM 340-003 SPECIAL PROVISION ITEM 432 RIPRAP ITEM 500 MOBILIZATION ITEM 502 BARRICADES, SIGNS AND TRAFFIC HANDLING ITEM 502-008 SPECIAL PROVISION ITEM 506 TEMPORARY EROSION, SEDIMENTATION AND ENVIRONMENTAL CONTROLS

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ITEM 506‐002 SPECIAL PROVISION ITEM 520 WEIGHING AND MEASURING EQUIPMENT ITEM 556 PIPE UNDERDRAINS ITEM 585 RIDE QUALITY FOR PAVEMENT STRUCTURES ITEM 662 WORK ZONE PAVEMENT MARKINGS ITEM 666 RETROREFLECTORIZED PAVEMENT MARKINGS ITEM 666‐007 SPECIAL PROVISION ITEM 668 PREFABRICATED PAVEMENT MARKINGS ITEM 672 RAISED PAVEMENT MARKERS ITEM 677 ELIMINATING EXISTING PAVEMENT MARKINGS AND MARKERS ITEM 678 PAVEMENT SURFACE PREPARATION FOR MARKINGS ITEM 5901 SS PLASTIC SPEED BUMP

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SECTION 1-A

BID PROPOSAL DOCUMENTS

CAMERON COUNTY PURCHASING DEPARTMENT INVITATION TO BID

BID NUMBER: 210203 (to be issued by purchasing dept.) BID TITLE: ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

DATE DUE: FEBRUARY 11, 2021 DUE NO LATER THAN 11:00 AM

Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 11:01 a.m. (as per Purchasing Dept. time clock) on deadline due date. Bids received later than the date and time above will not be considered. Please return bid ORIGINAL ONE (1) in sealed envelope. Be sure that return envelope shows the Bid Number, Description and is marked “SEALED BID”.

RETURN BID TO: by U.S. mail or delivered to the Cameron County Purchasing Department County Courthouse 1100 E. Monroe St, 3rd Floor, Room 345 Brownsville, Texas 78520.

For additional information or to request addendum email: Mike Forbes or Dalia Loera at [email protected] or [email protected] YOU MUST SIGN BELOW IN INK; FAILURE TO SIGN WILL DISQUALIFY THE OFFER. All prices must be typewritten or written in ink.

Company Name: ______

Company Address: ______

City, State, Zip Code: ______

Historically Underutilized Business (State of Texas) Certification VID Number: ______

Telephone No.______Fax No.______e-mail______

SIGNATURE: ______Print Name: ______

How did you find out about this Bid? ______(ex: Newspaper, Web, Mail)

Is Bidder’s principal place of Business within Cameron County? Yes - No (circle one)

Note: (Your signature attests to your offer to provide the goods and/or services in this bid according to the published provision of this bid. When an award letter is issued, this Bid becomes the contract. If a Bid required specific Contract is to be utilized in addition to this Bid, this signed Bid will become part of that contract. When an additional Contract is required a Bid award does not constitute a contract award and Bid / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued.

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Advertisement to be published in the following newspaper(s) classified ads section:

Newspaper(s)

BROWNSVILLE HERALD, BROWNSVILLE TX

Advertisement to be published on the following dates:

1ST Sunday: January 24, 2021

2ND Sunday: January 31, 2021

NOTE: Cameron County will place the AD in the newspaper(s).

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Cameron County Purchasing Department Instruction for Submitting Bids

These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Bidders”) on behalf of Solicitations including, but not limited to, Invitations to Bid and Requests for Quotes.

Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your bid with all appropriate supplements and/or samples. Prior to returning your sealed bid response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php Addendums Column (updated Addendums). These Addendums must be signed and returned with your bid in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual Bid award information can be accessed at: http://www.co.cameron.tx.us/administration/purchasing_department/bids_rfp(q)_and_addms_and_tabs.php Review this document in its entirety. Be sure your Bid is complete, and double check your Bid for accuracy.

Cameron County is an Equal Employment Opportunity Employer.

Review this document in its entirety. Be sure your bid is complete, and double check your bid for accuracy.

GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the bidder as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any bid NOT MEETING the Minimum Requirements specified will be rejected.

GOVERNING LAW: This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidder is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this Bid, the Change(s) and addition(s) will be forwarded to all vendors involved (as quickly as possible) in the form of a written addendum only.

Verbal changes to Bids/RFP’s/RFQ’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to Bids / RFP / RFQ will not apply.

Note: Sign the Vendor’s Affidavit Notice. Complete Attachments A, B, C, D, E, F, G, H, I return all with your bid

CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter 176 of the Local Government Code by a person

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doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions can be downloaded at the following web site: http://www.co.cameron.tx.us/purchasing/Forms/conflictofinterest.pdf

DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.”

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. can be downloaded at the following web site: http://www.co.cameron.tx.us/Purchasing/Disclosure%20of%20Interest.pdf

TEXAS ETHICS COMMISSION FORM 1295

All Bids prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor.

All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of Bid award. There is no charge for this TEC online process.

Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm )

If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. tab Link: http://www.co.cameron.tx.us/administration/purchasing_department/index.php

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BIDDER SHALL SUBMIT BID ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE BID PACKET. In the event of inclement weather and County Offices are officially closed on a bid deadline day, bids will be received unit 2:00 p.m. of the next business day. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock.

BIDS SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE.

BIDDERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding bidders are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: http://www.co.cameron.tx.us/judge/agenda.htm

SUCCESSFUL VENDOR WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of the award.

OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other bidders, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your bid package.

PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR BID. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID. ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. Each bid shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Bids must be in the Purchasing Department BEFORE the hour and date specified.

2. Bids MUST give full firm name and address of the bidder. Failure to manually sign bid will disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT.

3. Bids CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason.

4. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN BID. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent.

5. Any Catalog, brand name or manufacturer’s reference used in a bid invitation is descriptive-NOT restrictive-it is to indicate type and quality desired. Bids on brand of like nature and quality will be considered. If bid is based on other than reference specifications, proposal must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete descriptions should be made part of the bid. If bidder takes no exception to specifications or reference data, he will be required to furnish brand names, numbers, etc. as specified.

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6. Samples, when requested, must be furnished free of expense to the County. If not destroyed in examination, they will be returned to the bidder on request, at his expense. Each sample should be marked with bidder’s name, address, and County bid number. DO NOT ENCLOSE OR ATTACH SAMPLE TO BID.

7. Written and verbal inquires pertaining to bids must give Bid Number and Company.

8. NO substitutions or cancellations permitted without written approval of Director of Purchasing.

9. The County reserves the right to accept or reject all or any part of any bid, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total bid. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) Bid was received. Cameron County reserves the right to hold all Bids for 60 days from the due date of receipt without actions.

10. Bid unit price on quantity specified – extend and show total. In case or errors in extension, UNIT prices shall govern. If both alphabetic and numeric (unit prices) are required and a discrepancy is found between both on the same line item whichever unit price confirms the line total will govern. If neither confirms then the alphabetic price will govern. If there is no line total requested then the alphabetic unit price shall govern. If combined / sum of line totals do not match the Bid total then the Bid total will be corrected to reflect the sum of the line totals. If there is a discrepancy between the alphabetic and numeric Base Bid Total / Total Bid amount, the alphabetic Base Bid Total / Total Bid will take precedence. Bids subject to unlimited price increase will not be considered, but limited to Preventive Maintenance Annual Local Labor Union Wage Rate adjustments. ALL PRICING WILL REMAIN FIRM UNLESS THIS BID ALLOWS FOR OPEN MARET PRICE INCREASES (AS SO SPECIFIED WITHIN). When inserting number of days or percentage % in Bid (ex: number of days to deliver or install or complete work, etc. or percentage over vendor’s cost or percentage discount off list price) avoid using a range (ex: 30-90 days or 15% to 20 % cost plus) but use only one number for number of days or percentage. If a range is used the County will consider the higher number or worst-case scenario from the County’s standpoint in making bid comparisons / tabulations.

11. This is a bid inquiry only and implies no obligation on the part of Cameron County.

12. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by Cameron County.

13. Partial bids will not be accepted unless awarded by complete category or line item. To be awarded by total bid.

14. It is expected that the bidder will meet all state and federal safety standards and laws in effect on the date of the bid for the item(s) being specified, and the particular use for which they are meant.

15. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked.

16. Alternate Bid pricing: Bidder should include all alternate pricing on your bid price page. Cameron County will not award Bid to a Bidder if alternate is left blank and County will be making award to include alternate(s). In order to avoid not being considered for award include all alternate pricing on your Bid price page.

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Cameron County Engineering Instructions to Bidders (Special Provisions)

1. It shall be the bidder’s responsibility to ensure delivery of his proposal to the proper place and at the proper time.

2. Bids shall be addressed as follows: Attn: Cameron County Purchasing Dept. Bid Date: February 11, 2021 Time: 11:00 am

3. Use of Separate Bid Forms:

These Contract Documents include a complete set of bidding and Contract forms which are for the convenience of bidders and may be detached from the Contract Document, filled out, and executed.

4. Interpretations of Addenda:

No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the County Engineer. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of the Engineer at least three days before Bids are opened. In addition, all Addenda will be mailed or telecopy to each person holding contract Documents, but it shall be the Bidder's responsibility to inquire as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

5. Inspection of Site: Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there, relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract documents.

The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it, due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing, and the Owner will be justified in rejecting any claim based on facts regarding which the Contractor should have been on notice as a result thereof.

6. Alternative Bids: No alternative bids will be considered unless alternative bids are specifically requested by the technical specifications, or bid proposal package. Base bids must be provided for each

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item, even though an alternative bid item is also specified.

7. Bids:

A. All Bids must be submitted on forms supplied by the Owner and shall be subject to all requirements of the Contract Documents including the Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder.

B. Bid Documents including the Bid, the Bid Guaranty, the Non-Collusion Affidavit and the Statement of Bidder's Qualifications (If required) shall be enclosed in an envelope, which shall be sealed and clearly labeled with the words "Bid Documents", name of Bidder, date and time of the Bid opening in order to guard against premature opening of the Bid.

C. The Owner may consider as irregular any Bid on which there is an alteration to or departure from the Bid Form hereto attached and at its option may reject the same.

D. If the contract is awarded, it will be awarded by the Owner to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents.

E. Each Bidder shall include in his Bid the following information:

Principals Names Social Security Number Home addresses, including City, State & Zip Code Firm Name Treasury Number Address City, State & Zip Code

8. Bid Guaranty:

A. The Bid must be accompanied by a Bid Guaranty which shall not be less than 5 percent (5%) of the amount of the Bid. At the option of the Bidder, the guaranty

B. may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a bid bond in the form attached. The Bid bond shall be secured by a guaranty or a surety company Licensed to do business in the State of Texas. The amount of such Bid bond shall be within the maximum amount specified for such Company. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of County of Cameron. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the

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Contract documents. C. Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegram, if representing an increase in excess of ten percent (10%) of the original Bid, the Bid will not be considered.

D. Certified checks or bank drafts, or the amount thereof, Bid Bonds and negotiable U.S. Government bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids.

9. Collusive Agreement: A. Each Bidder submitting a Bid to the Owner for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not entered into a collusive agreement with any other person, firm, or corporation in regard to any Bid submitted.

B. Before executing any subcontract the successful Bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit substantially in the form to be provided by the Owner. Copies are available upon request.

10. Statement of Bidder's Qualifications:

Each Bidder shall submit on the form furnished for that purpose a statement of the Bidder's qualifications, his experience record in organization and equipment available in the contract, his organization and equipment available for the work contemplated and, when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the contract.

11. Sub-Contractors:

All Sub-Contractors must be approved by the Owner. A list of all proposed Sub-Contractors must be furnished to the Owner, prior to the start of construction. 12. Interpretation of Quoted Prices: In case of difference in written words and figures in a Proposal, the amount stated in written words shall govern.

13. Unit Prices:

The unit price for each of the several items in the proposal of each Bidder shall include its pro rata share of overhead for both labor and materials so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the

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quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost shall not increase or decrease the original contract award price by more than twenty-five percent (25%), except for work not covered in the Drawings and Technical Specifications.

14. Rejection of Bids:

Bids may be rejected if they show any alteration of works or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, any alteration or words or figures, or erasures not initialed by the person or persons signing the proposal, or irregularities of any kind.

15. Time for Receiving Bids: Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the County that the late arrival of the bid was solely due to delay in the mails for which the bidder was not responsible, such bid will be received and considered.

16. Opening of Bids:

The County shall, at the time and place fixed for the opening of bids, cause each bid to be publicly opened and read aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present.

17. Withdrawal of Bids:

Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly.

18. Award of Contract: Rejection of Bids

A. The Contract will be awarded to the responsible Bidder submitting the lowest responsive Bid complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date. The Owner, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest.

B. The Owner reserves the right to consider as unqualified to do work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this Contract.

C. Time is of the essence in this Contract and the Owner may weigh the calendar days or working days bid in award of the Contract. The calendar days or working days will be

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valued equal to the liquidated damages charged per day of delay.

19. Execution of Agreement: Performance and Payment Bond A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require (not to exceed four (4) copies).

B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph "a" above, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him, in performing the work. Such bond shall be in the same form as that included in the Contract Documents and shall bear the same date as, or a date sub-sequent to that of the Agreement.

The current Power of Attorney for the person who signs for any surety company and issued be attached to such bond. This bond shall be signed by a guaranty or surety company authorized to do business in the State of Texas.

C. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant, based upon reasons determined sufficient by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount of which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable Bid is received by re-advertising, the defaulting bidder shall have no claim against the Local Public Agency for a refund. D. Full (100%) performance and payment bonds are required on all contracts in excess of $25,000.00. The only exception is that if the contract is less than $50,000.00, the entity may hold all payment, with no interim payments made, until final completion and presentation of lien releases from all subcontractors and suppliers, in lieu of the performance bond. Such bonds must be issued by a corporate surety authorized to do business in the State of Texas.

20. This project will be awarded for construction in accordance with these specifications and upon approval by the Owner.

21. Insurance: The Contractor and his sureties shall indemnify and hold harmless the Owner and all its officials, agents, and employees from all suits, action or claims of any character, name and

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description brought for, or on account of any injuries or damages received or sustained by any person or persons or property, by or from said Contractor or his employee or by or in consequence of any negligence in safeguarding the work or by or on account of any claims or amounts recovered under the Workmen's Compensation Laws or any other law, ordinance, order or decree.

As further and additional evidence of such indemnifications the contractor shall furnish Certificates of Insurance providing that his interests are adequately covered by the following minimum requirements:

A. Workmen's Compensation: Statutory Requirements

B. General Liability: 1. Bodily Injury $ 300,000 $300,000 2. Property Damage $ 100,000 $ 100,000 3. Personal Injury $ 300,000

C. Vehicular Liability:

1. Bodily Injury $ 250,000 $500,000 2. Property Damage $100,000

This coverage is to include all cars and trucks, equipment owned, rented, hired or leased and others of non-ownership nature used by employees in and around or in connection with this Contract.

D. Public Liability - Contractor's Protective:

1. Bodily injury $ 100,000. - $ 300,000. 2. Property damages S 100,000. - $ 100,000.

22. Certificate of Insurance:

The successful bidder will furnish a completed Certificate of Insurance with the executed contract. This Certificate of Insurance shall include all applicable policies and their numbers. These policies will cover all sub-contractors and the sub-contractors Certificate of Insurance will also be submitted covering the same amount stated above for the Contractor. 23. In case of discrepancies or conflicts between the specifications, bid documents or contract documents, the following order of priority shall govern: 1. Bid Documents 2. Instructions to Bidders 3. Special Instructions to Bidders 4. Supplemental General Conditions 5. Technical specifications 6. Standard Form of Agreement 7. Special Conditions of the Agreement 8. Other Contract Documents 24. The award of the low bid does not constitute award of a contract. A contract will be binding

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 13

on both parties when executed by both parties and a purchase order is issued.

County Engineering Technical Special Instructions to Bidders

1. DRAWINGS/PLANS

The Contractor shall review the drawings for this particular project and plan his work to be compatible with conditions shown on the drawings.

Discrepancies between drawings and specifications shall promptly be brought to the attention of the County Engineer.

2. PROVISIONS FOR TRAFFIC

The Contractor shall be required to accommodate traffic circulation at all times. The traveling public shall be protected from hazards through the construction site area.

The Contractor shall provide for barricades, signs, cones, lights, signals and other such type devices for protection of the Public and for handling traffic within the project area, and such will be provided in accordance with the Texas Manual on Uniform Traffic Control Devices, (TMUTCD). (The Engineer may direct that additional control devices or flagmen be placed if in his opinion they are warranted.)

The above shall be provided at no additional cost to the Owner.

3. UNDERGROUND UTILITES

The drawings show as much information as can be reasonably obtained by an Engineering survey party and from City, County and Utility Company records regarding the location and nature of pipelines, storm sewers, water lines, sanitary sewer, telephone conduits, etc. However, the accuracy or completeness of such information is not guaranteed. It shall be the Contractor's responsibility to locate such underground features sufficiently in advance to preclude damage to same, by contacting owners of same or any other means required to complete construction. The Contractor shall be responsible to remove and relocate all drainage culverts, fencing, mail boxes and etc. at no additional cost to the Owner.

In the event of damage to underground facilities whether shown or not in the drawings, the Contractor shall make the necessary repairs to place the facilities back in service at no increase in the Contractor's price and all such repairs shall conform to the requirements of the company or agency servicing the facility. Payment will be made only on those utility adjustments for which a bid item has been proposed on this contract. All other utility adjustments damaged or disturbed by the Contractor will be returned to satisfactory service at no additional cost to the owner.

4. WORK ON PRIVATE PROPERTY

The Contractor will contact all property owners and make arrangements for accessing these properties to perform this work. The Contractor shall then inspect each site to determine all particulars involved in performing this work. The Contractor shall then review the proposed work with the property owner and the Engineer or their designated representatives.

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 14

The Contractor shall specifically note that all yard areas, landscaping, or other improvements shall be replaced to their original or better condition unless otherwise approved in writing by the property owner. It is strongly recommended that the Contractor obtain adequate photographic or video documentation of all existing property conditions and/or improvements prior to beginning any work on private property and upon completion of the work and site restoration. Any disputes arising between the property owner and the Contractor on properties that have not been properly documented will typically be ruled in favor of the property owner. All work done on private property shall carry the same one year warranty as provided for in the contract documents.

5. TESTING OF MATERIALS

Testing shall be done by an independent laboratory and paid for directly by the owner. The cost of any failure shall be reimbursed to the owner by the Contractor. Testing results shall be submitted to the Engineer for review and approval.

6. SURPLUS EXCAVATION

Soil taken from the excavation may be spread on the adjacent areas with permission from the property owners. Written approval must be provided to the Engineer prior to placement. If no adjacent areas can be found it shall be the Contractor's responsibility to complete legal disposal.

Old concrete, objectionable material and all obstructions are to be removed off the project regardless whether or not they are shown on the plans. Separate payment will be made for this work. Material must be disposed of in a legal manner.

7. FINAL GRADING CLEAN-UP

It is the intent of these specifications that the entire project site be uniformly graded and dressed to provide a smooth pleasing appearance of all disturbed areas.

8. DEMOLITION/CONSTRUCTION NOTICE REQUIREMENT

Contractor shall notify the Cameron County Engineering Department at least 72 hours prior to commencing demolition/construction.

Contractor shall notify other Entities and Utility Companies affected by this project at least 48 hours prior to commencing demolition/construction.

9. ADDITIONAL PROJECT REQUIREMENTS

N/A

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 15

To: Cameron County

Ladies/Gentlemen:

The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for:

ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit:

BASE BID: ______($ ______) ALT BID #1: ______($ ______) PROJECT TIMELINE: 30 WORKING DAYS

BID ITEMS:

The undersigned hereby declares that they have visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by their bid or bids, that they agree to do the work, and that no representations made by the County are in any sense a warranty, but are mere estimates for the guidance of the Contractor.

Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials, The bid bond attached to this proposal, in the amount of 5% of the highest amount bid is to become the property of Cameron County in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby.

The undersigned further declares that they will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above-mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth.

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 16

BID PROPOSAL

The undersigned, having examined the Plans, Specifications, Instructions to Bidders, and other proposed Contract Documents, and having visited the site and examined the conditions affecting the work, hereby proposed to do all the work and to furnish all necessary superintendence, labor, machinery, equipment, tools, materials and complete all the work upon which he binds, all as required by said Contract Documents, and binds himself, upon acceptance to the form prescribed by the Owner, for performing and completing the said work within the time stated, and maintaining the same during construction, or as otherwise required by the detailed specifications, for the following stated amount, to wit:

CAMERON COUNTY ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS ------PROJECT NAME

Place: Cameron County Purchasing Department, Purchasing Department, 1100 E. Monroe St. 3rd Floor, Rm. 345, Brownsville, Texas 78520 Date: February 11, 2021; 11:00 AM

Proposal of , a corporation organized and existing under the laws of the State of ______. or a Partnership or Individual doing business as ______.

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 17

ITEMIZED BID See Attachment “A”

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 18

Cameron County Parks **** BID PROPOSAL SHEETS ****

ADOLPH THOMAE PARK PROJECT Item Code ALT UNIT BID PRICE ONLY, Unit Approx. UNIT BID PRICE ONLY, ITEM COST WRITTEN IN WORDS Quantities WRITTEN IN FIGURES WRITTEN IN FIGURES 247 6041 FLEX. BASE (CMP IN PLACE)(TY A GR 1-2)(FINAL POS) CY 34.00

______DOLLARS

and______CENTS 305 6018 1 SALV, HAUL, & STKPL RCL APH PV (2") SY 29,090.00

______DOLLARS

and______CENTS 310 6009 PRIME COAT (MC-30) GAL 5,818.00

______DOLLARS

and______CENTS 340 6104 1 D-GR HMA (SQ) TY-D SAC-B PG64-22 TON 3,316.00

______DOLLARS

and______CENTS 500 6001 MOBILIZATION LS 1.00

______DOLLARS

and______CENTS 502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1.50

______DOLLARS

and______CENTS

506 6041 BIODEG EROSN CONT LOG (INSTL)(12") LF 180.00

______DOLLARS

and______CENTS

506 6043 BIODEG EROSN CONT LOG (REMOVE) LF 180.00

______DOLLARS

and______CENTS 666 6120 RE PM MARK TY 1 (Y) 4" (BRK) (100MIL) LF 2,008.00

______DOLLARS

and______CENTS 666 6126 RE PM MARK TY 1 (Y) 4" (SLD) (100MIL) LF 4,827.00

______DOLLARS

and______CENTS

668 6055 PRE PM TY B(ACC PRK)(BL&WH)(W/BORDR)LG EA 11.00

______DOLLARS

and______CENTS

668 6200 TY B (Y)(ARROW) EA 4.00

______DOLLARS

and______CENTS

672 6009 REFL PAV MRKR TY II-A-A EA 101.00

______DOLLARS

and______CENTS

Adolph Thomae JR. County Park (Roadway And Parking Lot Rehabilitation) (1 of 2) Cameron County Parks **** BID PROPOSAL SHEETS ****

ADOLPH THOMAE PARK PROJECT Item Code ALT UNIT BID PRICE ONLY, Unit Approx. UNIT BID PRICE ONLY, ITEM COST WRITTEN IN WORDS Quantities WRITTEN IN FIGURES WRITTEN IN FIGURES 5901 6001 PLASTIC SPEED BUMP INSTALL (8') EA 8.00

______DOLLARS

and______CENTS 5901 6002 PLASTIC SPEED BUMP REMOV EA 8.00

______DOLLARS

and______CENTS

TOTAL BID $

TOTAL IN WORDS (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will prevail.) The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids to waive any minor informalities in the bidding.

Materials Note: Cameron County shall provide the flexbase (Item 247), Prime Coat Oil (Item 310), and ACP (Item 340) materials to the project site. Bids shall include all costs associated with the complete installation and construction of these materials as specified in the plans, general notes, and specifications.

ALTERNATIVE NO. 1 305 6015 1 SALV, HAUL, & STKPL RCL ASPH (1 1/2") SY 29,090.00

______DOLLARS

and______CENTS 340 6104 1 D-GR HMA (SQ) TY-D SAC-B PG64-22 TON 2,488.00

______DOLLARS

and______CENTS

ALTERNATIVE NO. 1 TOTAL BID $

TOTAL IN WORDS (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will prevail.) The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids to waive any minor informalities in the bidding.

Adolph Thomae JR. County Park (Roadway And Parking Lot Rehabilitation) (2 of 2)

LIST OF SUBCONTRACTORS

To be submitted in a separate envelope with the Bid Proposal

Project: ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

To: Cameron County

The undersigned submit the following names of subcontractors to be used in performing the Contract. Each subcontractor is required to submit a standard Qualification Statement clearly indicating prior project experience and references.

SUBCONTRACTORS TYPE/OTHER ______NAME______

1. Site Work and Paving ______

2. Concrete ______

3. Masonry ______

4. Finish Carpentry ______

5. Plaster ______

6. Wood Flooring ______

7. Painting ______

8. Elevator ______

9. HVAC ______

10. Plumbing ______

11. Electrical ______

12. Environmental ______

13. Other ______

All Qualification Statements will be reviewed by the Project Engineer or the Project Architect, who will make appropriate recommendations to Cameron County.

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 21

ADDENDUM ACKNOWLEDGEMENT

Receipt of the following addenda is acknowledged (addenda number):

Respectfully Submitted:

Name: ______

By: ______(Signature)

Address: ______(P.O. Box) (Street)

______(City) (State) (Zip)

Telephone: ______(Area Code)

NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers.

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 22

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, AND , as SURETY are held and firmly bound unto Cameron County hereinafter called the OWNER in the penal sum of percent not to exceed ______Dollars,($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, which whereas the Principal has submitted the accompanying Bid, dated ______, 2021, for ______.

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter in such Contract and give such bond within the time specified, the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work of supplies or both, if the latte be in excess of the former, then the above obligation shall be void and of no effect, otherwise, to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this is instrument under their several seals this ____ day of ______, 2021 the name and corporate seal of each corporate party being here to affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body.

ATTEST: Affix Corporate Seal BY: ______

ATTEST: Affix Corporate Seal BY: ______

ATTEST: Affix Corporate Seal BY: ______

Countersigned BY: ______Attorney-in Fact, State of ______

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 23

STATEMENT OF BIDDER’S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information he desires.

Name of Bidder: Date Organized ______Address: Date Incorporated ______Number of years in contracting business under present name .

CONTRACTS ON HAND: Contract Amount $ Completion Date ______

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? ______

List the projects most recently completed by your firm (include projects of similar importance): Project Amount $ Mo/Yr. completed ______Major equipment available for this contract: ______Attach a resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project.

Credit available: $ Bank reference: ______The undersigned hereby authorizes and requests any person, firm, or corporations to furnish any information requested by the in verification of the recitals comprising this Statement of Bidder’s Qualifications.

Executed this day of ______, 2021

By: (signature) Title: ______

(Print Name) ______

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 24

CERTIFICATE AS TO CORPORATE PRINCIPLE

I, ______, certify that I am the ______, Secretary of the Corporation named as principal in the within bond; that ______, who signed the said bond on behalf of the principal was then ______of Said corporation; that I know their signature, and their signature there to in genuine; and that Said bond was duly signed, and attested to for and in behalf of said corporation by authority of this governing body.

______(Corporate Seal)

Title ______

Power-of- Attorney for person signing for Surety Company must be attached to bond.

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 25

SECTION 1-A: BID PROPOSAL DOCUMENTS Page 26

SECTION 1-B

CAMERON COUNTY PURCHASING DEPT. FORMS ATTACHMENTS A – H

ATTACHEMENT A THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this bid. THIS FORM MUST BE RETURNED WITH YOUR BID.

REFERENCE ONE

Government/Company/Name: ______

Address: ______

Contact/Person/and Title: ______

Phone/______e-mail address: ______

Contract Period: ______Scope of Work______

REFERENCE TWO Government/Company/Name:

______

Address: ______

Contact/Person/and Title: ______

Phone/______e-mail address: ______

Contract Period: ______Scope of Work______

REFERENCE THREE Government/Company/Name: ______

Address: ______

Contact/Person/and Title: ______

Phone/______e-mail address: ______

Contract Period: ______Scope of Work______

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 2

ATTACHMENT B THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

STATE OF TEXAS COUNTY OF CAMERON NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

The undersigned certifies that the bid prices contained in this bid have been carefully checked and are submitted as correct and final and if bid is accepted (within 90 days unless otherwise noted by vendor), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications.

BEFORE ME, the undersigned authority, A Notary Public in and for the State of ______, on this day personally appeared ______who, after having first been duly sworn, upon oath did depose and say;

That the foregoing Bid submitted by______hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said Bid has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder. The Bidder is not a member of any trust, pool, or combination to control the price of products or services Bid on, or to influence any person to Bid or not to Bid thereon. I further affirm that the Bidder has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted Bid. The contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. Name and Address of Bidder: ______

______

Telephone number______Fax number______

______Signature

Name:______Title:______

SWORN AND SUBSCRIBE BEFORE ME, this ______day of______, ______.

______Notary Public in and for County State

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 3

ATTACHMENT C THIS FORM MUST BE ATTACHED WITH THE BID PROPOSAL

RESIDENCE CERTIFICATION

Pursuant to Texas Government Code δ2252.001 et seq., as amended, Cameron County requests Residence Certification. δ2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of δ2252.001 are stated below:

“Nonresident bidder” refers to a person who is not a resident.

“Resident bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

I certify that ______is a Resident (Company Name) Bidder of Texas as defined in Government Code δ2252.001.

I certify that ______is a Nonresident (Company Name)

Bidder as defined in Government Code δ2252.001 and our principal place of business is

______. (City and State)

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 4

ATTACHMENT D THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

NON - LOBBYING CERTIFICATION

CAMERON COUNTY EXPRESSLY REQUESTS THAT BIDDERS / PROPOSERS NOT DISCUSS THIS ENGAGEMENT OR THIS BIDDER’S / PROPOSER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER BIDDERS / PROPOSERS OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-BID OR PRE-PROPOSAL CONFERENCES, EVALUATION COMMITTEE SCHEDULED VENDOR PRESENTATIONS OR VENDOR INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE PURCHASING AGENT /PURCHASING DEPARTMENT AT ANY TIME.

01. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to Bid/RFP/RFQ, other than questions to the Assistant County Auditor/Purchasing Officer?

______

02. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any other Bidder or Proposer concerning this Invitation to Bid/RFP/RFQ?

______

______(Signature of person submitting this Bid) Date

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 5

ATTACHMENT E THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

ORDER NO. 2007O2005 THE STATE OF TEXAS § § COUNTY OF CAMERON §

ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY

WHEREAS, pursuant to V.T.C.A., Local Government Code, Section 262.0276, a commissioners court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county;

WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules;

NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County:

1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest bidder or successful proposer; and

2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due.

3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court.

ADOPTED this 13 day of March, 2007.

Taxpayer Identification Number (T.I.N.):______

Cameron County Acct #’s: Real Estate ______Personal Property______

01. Is the person or the firm submitting this Bid current with all local and State taxes?

______Signature of person submitting this Bid Date

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 6

ATTACHMENT F THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

CERTIFICATION Regarding Debarment, Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;

b. Have not within a three-year period preceding this bid/proposal and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid/proposal and/or application had one or more public transactions terminated of cause or default.

Signature: ______Print Name: ______

Title: ______Telephone Number:______Date: ______

If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal.

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 7

Attachment F-2

Architects, Engineers, Construction

The applicant certifies, to the best of his or her knowledge and belief, that the information noted below for it and its principals are accurate:

a. List all previous law suits with Public entities and the results of such suits over the past 7 years.

______

b. List all projects that have exceeded Budget, what % over budget and why – over the past 5 years.

______

c. List all projects that have exceeded the project completion due date, how many days over and why – over the past 5 years.

______

Company’s Name: ______Signature: ______Print Name: ______

Title: ______Telephone Number: ______Date: ______

If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal.

THIS FORM MUST BE RETURNED WITH YOUR BID

(attach pages if necessary due to space limitations)

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 8

ATTACHMENT G THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

CONFLICT OF INTEREST QUESTIONNAIRE

NOTE: MUST BE FILLED OUT AND SUBMITTED WITH THE BID/RFP/RFQ. IF DISCLOSING: BIDDER / PROPOSER MUST ALSO FILE WITH THE COUNTY CLERK’S OFFICE. THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF. For vendor or other person doing business with local governmental entity

This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity.

OFFICE USE ONLY Date Received:

2. Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money .

4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire.

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 9

CONFLICT OF INTEREST QUESTIONNAIRE (CON’T)

For vendor or other person doing business with local governmental entity

5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity?

Yes No

C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each affiliation or business relationship.

6. Describe any other affiliation or business relationship that might cause a conflict of interest.

7. Does any individual with the firm submitting BID, RFP, RFQ have any business relationship with any County Official or County employee within the third degree of Consanguinity kinship or the second degree of Affinity kinship? (see attached Nepotism Chart)

______Signature of person doing business with the governmental entity Date

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 10

NEPOTISM CHART

AFFINITY KINSHIP Relationship by Marriage The chart below shows • Affinity Kinship (relationship by marriage) • Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 - .025

CONSANGUINITY KINSHIP Relationship by Blood

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 11

ATTACHMENT H THIS FORM MUST BE ATTACHED TO THE BID PROPOSAL

DISCLOSURE OF INTERESTS

MUST BE FILLED OUT AND SUBMITTED WITH THE BID/RFP/RFQ. IF DISCLOSING: BIDDER / PROPOSER MUST ALSO FILE WITH THE COUNTY CLERK’S OFFICE.

THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF

Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information. Every question must be answered. If the question is not applicable, answer with “N/A.” By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government.

Date ______

FIRM NAME: ______

ADDRESS: ______

City & State: ______

FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) ______

a) For purpose of this chapter, a person has a substantial interest in a business entity if :

(1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or

(2) funds received by the person from the business entity exceeds 10 percent of the person’s gross income for the previous year.

b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more.

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 12

DISCLOSURE OF INTERESTS (CONTINUED)

c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section.

Name Title Department

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 Cameron County as changes occur.

Certifying Person: ______Title:______(Type or Print)

Signature of Certifying Person: ______Date: ______

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 13

Attachment I

HOUSE BILL 89 VERIFICATION (REVISED)

I, ______, [Person Name] the undersigned representative of ______[Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Cameron County, Texas. Signature: ______Date: ______Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

3. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. (HB 793 – exemptions).

EXEMPTIONS APPLY TO THE FOLLOWING:

□ between a governmental entity and a company with less than 10 full-time employees □ has a value of less than $100,000 paid wholly or partly from public funds of the governmental entity

THIS FORM MUST BE RETURNED WITH YOUR BID

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 14

DISCLOSURE QUESTIONS

If additional space is necessary, please use the reverse side of this page or attach separate sheet.

1. State the names of each “employee, elected official, or member of Commissioners Court” of Cameron County having Substantial Interest in Business Entity Local Govt. Code 171.002

SECTION 1 B: CAMERON COUNTY PURCHASING DEPT. FORMS (ATTACHMENTS A-H) Page 15

SECTION 2

CONTRACT DOCUMENTS

STANDARD FORM OF AGREEMENT

STATE OF TEXAS §

COUNTY OF CAMERON §

THIS AGREEMENT, made and entered into this ______day of ______, A.D. 2021, by and between the COUNTY OF CAMERON in the STATE OF TEXAS, hereafter called County, and ______of the City of ______Cameron county, Texas, hereinafter termed Contractor.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the County, and under the conditions expressed in the bond bearing every date herewith, the Contractor, hereby agrees with the County, to commence and complete the construction of certain improvements described as follows:

ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, special Conditions of the Agreement, Technical Specifications and Plans and at his (or their)own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories, with the conditions and prices stated in the Proposal attached hereto, in accordance with all General Conditions of the Agreement, Special Conditions of the Agreement, Technical Specifications and Plans and in accordance with the Plans, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications therefore, together with the Contractor’s written approval, and the General Conditions of the Agreement, Special Conditions of the Agreement, Technical specifications and Plans and the Construction Bonds hereto attached, all of which are made a part thereof and collectively evidence and constitute the entire contract.

The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within 30 working days, after the date of the written notice to commence work.

The County agrees to pay the Contractor in current funds the sum of $ ______for the performance of the Contract in accordance with the proposal submitted therefore, subject to additions and deductions as provided in the General Conditions of the Agreement, and to make payment on account thereof as provided therein.

Contractor further agrees not to do any work unless he has received a valid Purchase Order issued by Cameron County for payment of the work to be accomplished.

This instrument contains the entire agreement between the parties relating to the rights herein granted and Obligations herein assumed. Any oral representations or modifications concerning this instrument shall be

SECTION 2: CONTRACT DOCUMENTS Page 2

of no force or effect, expecting a subsequent modification in writing, signed by the party to be charged. This Agreement may be amended, provided that no amendment, modification, or alternation of terms of this Agreement shall be binding unless the same is in writing and duly executed by the parties hereto.

All notices to Cameron County shall be sent by certified or registered mail, addressed to:

Eddie Trevino Jr.., Cameron County Judge, Cameron County Courthouse, 1100 E. Monroe St., Brownsville, Texas 78520, or at such other address as the County may otherwise designate. All notices to the Contractor shall be sent certified or registered mail, addressed to:

Attn: , or at such other address as said Contractor may otherwise designate in writing.

This Agreement shall be governed by the laws of the State of Texas and venue shall be in Cameron County.

IN WITNESS WHEREOF, the parties of these presents have executed this Agreement in quadruplicate in the year and day first above written.

______Eddie Trevino Jr., County Judge Contractor

ATTEST: ______ATTEST: ______Sylvia Garza-Perez, County Clerk Notary Public (Seal) (Seal)

SECTION 2: CONTRACT DOCUMENTS Page 3

PERFORMANCE BOND

THE STATE OF TEXAS

COUNTY OF CAMERON

KNOW ALL MEN BY THESE PRESENT: that

______(Name of Contractor or Company)

______(Address) a hereinafter called Principal, and______(Corporation/Partnership) (Name of Surety Company

______(Address)

,hereinafter called Surety, are held and firmly bound unto CAMERON COUNTY hereinafter called OWNER, in the penal sum of $ ______dollars and cents in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the OWNER dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of:

ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the WORK to be performed there under or the SPECIFICATIONS accompanying the same in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or the WORK or to the SPECIFICATIONS.

SECTION 2: CONTRACT DOCUMENTS Page 4

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS THEREOFF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the______day of ______, 2021.

ATTEST: ______Principle

ATTEST:

______By ______(s) (Principle Secretary) (SEAL)

______(Witness to Principle) (Print / Type Name)

______(Address) (Address)

______

ATTEST:

______By ______(s) (Surety Secretary) (SEAL)

______(Witness to Surety) (Attorney in Fact)

______(Address) (Address)

______

NOTE: Date of the BOND must not be prior to date of contract. If CONTRACTOR is Partnership, all partners should execute the BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 550 as amended) and must be authorized to transact business in the state where the PROJECT is located.

SECTION 2: CONTRACT DOCUMENTS Page 5

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENT: that

______(Name of Contractor or Company)

______(Address)

a ______hereinafter called Principal, and (Corporation/Partnership)

______(Name of Surety Company)

______(Address) hereinafter called Surety, are held and firmly bound unto CAMERON COUNTY hereinafter called OWNER, in the penal sum of $ dollars and ____cents in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents.

THE CONDITION OF THE OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of:

ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that the said Principal shall faithfully repair or replace any defective material installed and workmanship performed by said Principal and embraced by the above mentioned contract, the Engineer's Specifications and Drawings in every particular and according to the true intent and meaning of said Contract,

Specifications and Drawings hereinafter considered annexed. The Principal also agrees to commence work within 5 working days after notification is received from the Owner and proceed with said defective work (8) eight hours per day continuously until completed. If emergency work notification is given by the Owner, which may result in damages, the Contractor shall execute the emergency repairs immediately until such defective work is finished to the Owner's approval. Damages resulting from said defective materials and work that was originally installed by the said Principal shall be made good by the Principal.

SECTION 2: CONTRACT DOCUMENTS Page 6

The Principal agrees to indemnify and to hold the Owner and the Engineer harmless from and against any and all damages, claims, demands, suits, judgments and costs including attorney's fees and expenses for or on account of damage to property of any person, firm, corporation, or Government agency, or death of or injury to any person or persons (including property and employees of the Owner, the Contractor, and employees of the Contractor) directly or indirectly arising out of, or caused by or in connection with the performance of or failure to perform any work covered by this Bond by the Principal Contractor, his sub- contractors, or their or the Contractor's agents, servants, or employees of the project.

The contractor will be held accountable for all insurance coverage including those of sub-contractors, and provide that all the above mentioned work will be covered with insurance.

Now, therefore, the condition of this obligation is such that the said material and work is guaranteed against defective workmanship and materials for a period of one year from date of completion.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due.

IN WITNESS WHEREOF, this instrument is executed in 4 parts, one of which shall be deemed an original, this ______day of______, 2021.

ATTEST: ______(Principal)

ATTEST:

BY (s) (Principal Secretary) (SEAL)

______(Witness as to Principal) (Print/Type Name)

______(Address) (Address)

ATTEST:

______(Surety) Attorney in Fact (Signature) (Seal)

______(Witness as to Surety) (Print/Type Name)

______

SECTION 2: CONTRACT DOCUMENTS Page 7

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

NOTE: An executed Power-Of-Attorney for person signing for surety must be attached to bond.

SECTION 2: CONTRACT DOCUMENTS Page 8

ATTORNEY'S REVIEW CERTIFICATION

I, the undersigned, ______the duly authorized and acting legal representative of the , do hereby certify as follows:

I have examined the attached contract(s) and surety bonds and I am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

Attorney's signature: Date:

Print Attorney's Name:

SECTION 2: CONTRACT DOCUMENTS Page 9

NOTICE OF AWARD

TO:

ATTN:

PROJECT DESCRIPTION: ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement and Invitation to Bid dated ______[Day, Date, Year].

You are hereby notified that your BID has been accepted in the amount of $ ______.

You are required by the Instruction to Bidders to execute the Agreement and furnish the required CONTRACTOR’S, certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER’S acceptance of your BID as abandoned and as forfeiture of your BID SECURITY. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER.

Dated on the ______day of ______,2021.

OWNER: CAMERON COUNTY

BY:

TITLE: COUNTY ENGINEER

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by ______, this the _____ day of ______, 2021.

BY:

TITLE: CONTRACTOR/BIDDER

SECTION 2: CONTRACT DOCUMENTS Page 10

SECTION 3

GENERAL CONDITIONS

TERMS AND CONDITIONS

ADDENDA: When specifications are revised, the Cameron County Purchasing Department will issues an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package.

ADVERTISING: Seller shall not advertise or publish, without Buyer’s Prior consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with proper request for information from an authorized representative of the federal, state or local government.

AWARD: Cameron County may hold all bids for a period of Sixty (60) days. Cameron County reserves the right to delete any item it considers too expensive. Bid prices are to be F.O.B. Cameron County. All discounts will be considered in determining the lowest, responsible bidder. Cameron County reserves the right to award this contract on the basis of LOWEST AND BEST BID in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not awarded a contract, the offeror may appear before the Commissioners Court and present evidence concerning bidders responsibility after officially notifying the office of the Purchasing Agent of his intent to appear. A written purchase order or notice of award mailed or otherwise furnished to the successful bidder within the time of acceptance specified in this package results in a binding contract without further action by either party.

BONDS: If this bid requires submission of bid guarantee and performance bond - there will be a separate page explaining those requirements. Bids submitted without the required bid bond or cashier’s check is not acceptable.

CANCELLATION AND TERMINATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to, and not in lieu of, any other remedies, which Buyer may have in law or equity.

TERMINATION: The performance of work under this order may be terminated in whole, or in part, by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Seller of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to, and not in lieu of, rights of Buyer set forth.

Cameron County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Cameron County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper

SECTION 3: GENERAL CONDITIONS Page 2

amount of time, and/or to properly perform any and all services required to Cameron County’s satisfaction and/or to meet all other obligations and requirements. Cameron County may terminate the contract without cause upon thirty (30) days written notice.

COLOR SELECTION: Determination of colors of materials is a right reserved by using department unless otherwise specified in bid. Unspecified colors shall be quoted as standard colors, NOT colors, which require up-charges or special handling. Unspecified fabrics or vinyl should be construed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept items and demand correct shipment without penalty, subject to other legal remedies.

CONTRACT RENEWALS: Renewals may be made ONLY by Commissioners Court approval and agreement between Cameron County and the offeror. To determine Annual / Anniversary renewal status - if renewed by Commissioners Court or terminated - please contact Letty Roberts at 956-574-8135 e-mail: [email protected] or Mike Forbes at 956-550-1360 e-mail: [email protected] or Beverly Findley at 956-982-5478 [email protected] in the County Purchasing Dept. or Dylbia Jeffries 956-550-1340 [email protected] of Bruce Hodge at 956-550-7229 at [email protected] at County Legal Dept.. Any price escalations are limited to those stated by the original RFP/RFQ. Annual RFP/RFQ renewal – Price Increases: All Annual RFP/RFQ’s with a one (1) year renewal option requires that the awarded Proposer must notify Cameron County of any anticipated price increases to the current Annual RFP/RFQ (in writing) at least two months prior to the annual renewal award date unless otherwise specified within the specific provisions of the RFP. This allows the County sufficient time to plan for re-advertising for Proposals due to a vendor required price increase. If Vendor fails to notify the County within time noted it shall be assumed that there will be no price increase for the following year’s award period if renewed. This procedure doe not apply to any Annual RFP/RFQ’s which allow for Open Market Price increases or Cost allowance increases during the RFP/RFQ award period (as so specified in the RFP/RFQ documents).

DISCRIMINATION: In order to comply with the provisions of fair employment practices, the contractor agrees as follows: 1.) the contractor will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; 2) in all solicitations or advertisements for employees, the contractor will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; 3) the contractor will furnish such relevant information and reports as requested by the County for the purpose of determining compliance with these regulations; and 4) failure of the contractor to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated or suspended in whole or in part.

DISQUALIFICATION OF OFFEROR: Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Cameron County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code δ15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

SECTION 3: GENERAL CONDITIONS Page 3

Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services.

EVALUATION: Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical for the County. It shall be based on all factors, which have a bearing on price and performance of the items in the user environment. All bids are subject to tabulation by the Cameron County Purchasing Department and recommendation to Cameron County Commissioners Court. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria for making a recommendation. The Cameron County Purchasing Department reserves the right to contact any offeror, at any time, to clarify, verify or request information with regard to any bid.

PROTEST PROCEDURES: Procedure - This protest procedure is available to vendors responding to this Bid requesting a debriefing conference. Debriefing Conference — A debriefing conference must be requested in writing to the Purchasing Department within five (5) business days from the date of the Bid award by the Cameron County Commissioners’ Court.

Protests are made - I. To the Purchasing Department after the debriefing conference, Vendor protests shall be received, in writing, by the Purchasing Department within five (5) business days after the vendor debriefing conference. 2. To County Auditor only after protesting first to the Purchasing Department and its resolution is not satisfactory to the protesting party. Protests to County Auditor shall be received, in writing, within five (5) business days after the vendor has received notification of a decision on the protest from Use Purchasing Department. 3. To the Commissioners Court, only after the protest to the County Auditor and Purchasing Department was not resolved satisfactory to the protestor. Protests to the Commissioners Court shall be made within five (5) business days after the vendor has received notification of the County Auditor’s decision.

Grounds for protest — I. Errors were made in computing the score. 2. The County failed to follow procedures established in the Bid, the Purchasing policy: Acquisition or applicable state or federal laws or regulations. 3. Bias, discrimination or conflict of interest on the part of an evaluator Protests not based on these criteria shall not be considered.

Format and Content - Protesting vendors shall include in their written protest to the Cameron County Purchasing Department, all facts and arguments upon which they rely. Vendors shall, at a minimum, provide: I. Information about the protesting vendor; name of firm, mailing address, phone number and name of individual responsible for submission of the protest. 2. Information about it the acquisition and the acquisition method. 3. Specific and complete statement of the County’s action(s) protested. 4. Specific reference to the grounds for the protest. 5. Description of the relief or corrective action requested. 6. For protests to County Auditor or the Commissioners Court, a copy of the Purchasing Department’s written decision on the protest.

Review Process: 1 upon receipt of a vendor protest, the Purchasing Department shall postpone further steps in the acquisition process until the vendor protest has been resolved. 2. The Department’s internal protest review procedures

SECTION 3: GENERAL CONDITIONS Page 4

consist of the following: a) The Purchasing Department shall perform an objective review of the protest by individuals not involved in the acquisition protested. The review shall be based on the written protest material submitted by the vendor. b) A written decision will be delivered to the vendor within five business days after receipt of the protest, unless more time is needed. The protesting vendor shall be notified if additional time is necessary.

County Auditor Review Process: I. The vendor may protest to County Auditor in writing within five business days after the vendor has received notification of the agency decision. 2. County Auditor shall consider all the available facts and issue a decision in writing within five business days after receipt of the protest, unless more it is needed. The protesting vendor shall be notified if additional time is necessary. The County Auditor’s decision constitutes the final step of the protest process, except protests which may be reviewed by the Commissioner’s Court. County Auditor may choose to convene a Protest Review Board (Board). The Board shall be advisory to the County Auditor and its scope of review shall be limited to procedural issues raised by the protesting vendor.

Final Determination - The final determination shall. 1. Find the protest lacking in merit and uphold the agency’s action; or 2. Find only technical or harmless errors in the agency’s acquisition process conduct, determine the agency to be in substantial compliance, and reject the protest; or 3. Find merit in the protest and provide the agency options which may include a) Correct its errors and reevaluate all proposals, and/or b) Reissue the vendor solicitation document; or c) Make other findings and determine other courses of action as appropriate.

Commissioners Court Review Process - Protests to the Commissioners Court may be made only for Commissioners Court approved acquisitions, and only after review by County Auditor. Protests of the decisions of County Auditor shall be made by letter to the County Judge, Commissioners Court, who may establish procedures to resolve the protest. Protests shall be received by the County Judge, Commissioners Court, within five business days after the decision of County Auditor in order to be considered. The resulting decision is final, with no further administrative appeal available.

FISCAL FUNDING: A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form to Cameron County. All charges and physical activity related to delivery, installation, removal and redelivery should be the responsibility of the offeror.

GRATUITIES AND PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: Any elected or appointed official who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the County, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar affidavits, than the member is not required to abstain from further participation. Attached and included is a disclosure of all of this Company’s business or pecuniary financial relationships with officers or employees of Cameron County or County entities (if any such relationships exists) must be

SECTION 3: GENERAL CONDITIONS Page 5

attached and included with Bid submitted. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent, or representative of the Seller, to any officer or employee of Cameron County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a contract. In the event this contract is cancelled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. Consistent and continued tie bidding could cause rejection of bids by the County and/or investigation for Anti-Trust violations. Bidder guarantees that he has not retained a person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business.

HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION: If Bidder is a Certified Historically Underutilized Business (HUB), please include a copy of your HUB Certificate with your Bid. This information will assist Cameron County in the percentage tracking of HUB utilization.

LOCAL BIDDER’S PRINCIPAL PLACE OF BUSINESS - 3% PREFERENCE: (consideration of location) The County Commissioner’s Court may award to the lowest bidder or the bidder whose principal place of business is within Cameron County if the Commissioner’s Court determines, in writing, that the local bidder offers the County the best combination of contract price and additional economic development opportunities for Cameron County created by the contract award, including the employment of residents of Cameron County and increased tax revenues to Cameron County. This option exists only within 3% pricing of the lowest bid price. In order to provide the County Commissioner’s Court adequate information for assisting in considering this option, the bidder should submit with each bid the following information for Commissioner’s Court review with all information requested to be detailed and $$$ current quantifiable numeric data. 1. Where is your principal place of business (i.e.: Corporate Headquarters) City, County, State, Signature of Bidder, Title, and Date? Along with this information, submit information with responses to the following questions. 2. Why and how bidder believes that the local bidder offers the County additional economic development opportunities for Cameron County created by the contract award? 3. How will award to local bidder benefit the employment of residents of Cameron County? 4. How many employees does bidder employ within Cameron County and how many employees are affected financially by award/purchase? 5. How will award to local bidder increased tax revenues to Cameron County? This information should be provided and updated with each bid submitted to the County. If bidder is local and within 3% of the lowest bid, this information will be submitted to Commissioner’s Court along with tabulation sheet. . There has been no mandatory requirement or Policy established by Commissioners Court which requires submitting answers to these questions or attending Commissioners Court meetings for the awarding of bids relative to 3% local preference. however individual Commissioners may or nay not have preferences (relative to these issues) when making their decision. This paragraph will he revised upon policy change made by Commissioners Court.

SECTION 3: GENERAL CONDITIONS Page 6

MAINTENANCE: Maintenance required for equipment bid should be available in Cameron County by a manufacturer authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Cameron County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly.

MATERIAL SAFETY DATA SHEETS: Under the “Hazardous Communication Act”, commonly known as the “Texas Right To Know Act”, an offeror must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the offeror to furnish this documentation will be cause to reject any bid applying thereto.

NAME BRANDS: Specifications may reference name brands and model numbers. It is not the intent of Cameron County to restrict these bids in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Cameron County shall act as sole judge in determining equality and acceptability of products offered.

PRICING: Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there is any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

PROTESTS: All protests should be coordinated through the Purchasing Office prior to award recommendation to Commissioners Court.

RECYCLED MATERIALS: Cameron County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. County will be the sole judge in determining product preference application. SCANNED RE-TYPED RESPONSE – FLOPPY DISK: If in its bid response, offeror either electronically scans, re- types, or in some way reproduces the County’s published bid package, then in event of any conflict between the terms and provisions of the County’s published bid specifications, or any portion thereof, and the terms and provisions of the bid response made by offeror, the County’s bid specifications as published shall control. Furthermore, if an alteration of any kind to the County’s published bid specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation.

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FLOPPY DISK: If offeror obtained the bid specifications on a floppy disk in order to prepare a response, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever to the County’s published bid specifications, the County’s bid specifications as published shall control. Furthermore, if an alteration of any kind to the County’s published bid specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation.

SILENCE OF SPECIFICATIONS: The apparent silence of 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 specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. Substitute items will not be accepted unless approved (in advance) .

SUPPLEMENTAL MATERIALS: Offerors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the bid, must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid.

TITLE TRANSFER: Title and Risk of Loss of goods shall not pass to Cameron Count until Cameron County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for instructions. The place of delivery shall be shown under the “Special Requirements/Instructions” section of this bid package and/or on the Purchase Order as a “Deliver To:” address.

USAGE REPORTS: Cameron County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this ITB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Cameron County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased.

WARRANTY PRICE: (a) The price to be paid by the Buyer shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches

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this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability to Seller for breach or Seller’s actual expense. (b) The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the bid. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold and services provided to the County shall conform to the standards and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and O.S.H.A. Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Cameron County may return the product for correction or replacement at the offeror’s expense. If offeror fails to make the appropriate correction within a reasonable time, Cameron County may correct at the offeror’s expense.

Offerer warrants that product sold and services provided to the County shall conform to the standards and laws established by the U.S. Department of Homeland Security, Occupational Safety and Health Administration and O.S.H.A. Act of 1970.

WARRANTY PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings and descriptions, the specifications shall govern.

SAFETY WARRANTY: Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at Seller’s expense. Have you attached the required warranty information to the bid (if applicable)? Yes, No.

APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning “the Uniform Commercial Code” as adopted in the State of Texas as effective and in force on the date of this agreement.

ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Any contract entered

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into pursuant to this request is not assignable, nor the duties thereunder, by either party, without the written consent of the other party in the contract County Judge and County Auditor.

CONTRACT OBLIGATION: Cameron County Commissioners Court must award the contract and the County Judge or other person authorized by the Cameron County Auditor must sign the contract before it becomes binding on Cameron County or the offerors. Department heads are NOT authorized to sign agreements for Cameron County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

ERRORS AND OMISSIONS: Errors and Omissions in the Bid of any provision herein described will not be construed as to relieve the Vendor of any responsibility or obligation, requisite to the complete and satisfactory implementation, operation, and support of any and all equipment, systems or services.

FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly, or in part, to carry out its obligations under this agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term “Force Majeure” as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely with the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgement of the party having the difficulty.

HOLD HARMLESS AGREEMENT: Contractor, the successful offeror, shall indemnify and hold Cameron County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor’s performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor’s liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to the County upon request.

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INFRINGEMENTS: There will be no warranty by buyer against infringements. As part of this contract for sales, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within two (2) weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will hold Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void, except that Buyer will pay Seller the reasonable cost of his/her search as to infringement. The contractor agrees to protect the County from claims involving infringement of patents or copyrights.

INTERPRETATION PAROLE EVIDENCE: 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 of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement, even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to Control.

MODIFICATIONS: This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.

O.S.H.A: Offeror must meet all Federal and State OSHA requirements.

RIGHT TO ASSURANCE: Whenever one (1) party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give written assurance of their intent to perform. In the event that a demand is made, and no assurance is given within five (5) days the demanding party may treat this failure as an anticipatory repudiation of the contract.

SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in Cameron County, Texas.

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GENERAL CONDITIONS OF THE AGREEMENT

Contract and Contract Documents The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein frilly set forth

DEFINITIONS Whenever used in any of the Contract Documents, the following meanings shall be given to the terms here in defined: A. The term “Contract” means the Contract executed between the County of Cameron, hereinafter called the Locality and ______hereinafter called Contractor, of which these GENERAL CONDITIONS, form a part. B. The term “Project Area” means the area within which is the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. C. The term “Engineer” means the Cameron County Engineer, Engineer in charge, serving the Locality with architectural or engineering services, his successor, or any other person or persons, employed by the Locality for the purpose of directing or having in charge the work embraced in this Contract. D. The term “Contract Documents” means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings).

SUPERVISION BY CONTRACTOR A. Except where the Contractor is an individual and gives his personal supervision to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. B. The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. SUBCONTRACTS A. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor as eligible to participate in federally funded contracts. B. No proposed subcontractor shall be disapproved by the city/county except for cause. C. The Contractor shall be as frilly responsible to the city/county for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract,

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E. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Locality. FITTING AND COORDINATION OF WORK The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. PAYMENTS TO CONTRACTOR A Partial Payments 1. The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices, Copies of all invoices shall be available for inspection of the Engineer. 2. Monthly or partial payments made by the Locality to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Locality. Such payments shall not constitute a waiver of the right of the Locality to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Locality in all details, B. Final Payment 1. After final inspection and acceptance by the Locality of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. 2. The Locality before paying the final estimate shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Locality deems it necessary in order to protect its interest. The Locality may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract, 3. Any amount due the Locality under Liquidated Damages, shall be deducted from the final payment due the contractor. C. Payments Subject to Submission of Certificates Each payment to the Contractor by the Locality shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors.

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D. Withholding Payments The Locality may withhold from any payment due the Contractor whatever is deemed necessary to protect the Locality, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Locality and will not require the Locality to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Locality elects to do so. The failure or refusal of the Locality to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. CHANGES IN THE WORK A. The Locality may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the County Commissioners Court prior to execution of same. B. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Locality authorizing the Contractor to proceed with the change, No claim for an adjustment of the Contract Price will be valid unless so ordered. C. If applicable unit prices are contained in the Agreement, the Locality may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%). D. Each change order shall include in its final form: 1. A detailed description of the change in the work. 2. The Contractor’s proposal (if any) or a confirmed copy thereof 3. A definite statement as to the resulting change in the contract price and/or time. 4. The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 5. The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. CLAIMS FOR EXTRA COST A. If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Locality, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. B. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued.

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C. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Locality and work shall not proceed except at the Contractors risk, until written instructions have been received by him from the Locality. D. If, on the basis of the available evidence, the Locality determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. EXTRA WORK The term “EXTRA WORK” as used in the agreement shall be understood to mean and include all work that may be required by the Engineer or Locality to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor’s proposal. It is agreed that the Contractor shall perform all Extra Work under the direction of the Engineer when presented with a written Work Order signed by the Engineer; Subject, however, to the right of the Contractor to require a written confirmation of such Extra Work Order by the Locality. It is also agreed that the compensation to be paid the Contractor for performing said Extra Work shall be determined by one or more of the following methods: Method (a): By agreed unit prices; Method (b): By agreed lump sum; Method (c): If neither Method (a) nor Method (b) can be agreed the “actual field cost” of the work plus ten (10) percent. In the event said Extra Work be performed and paid for under Method (c), then the provisions of this paragraph shall apply and the “actual field cost” is hereby defined to include the cost of all workmen, such as foremen, time keepers, mechanics and laborers, and materials, supplies, trucks, rental of machinery and equipment for the time actually employed or used on such Extra Work plus actual transportation changes necessarily incurred if the kind of equipment or machinery is not already on the job, together with the power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Construction and Maintenance Bonds, Public Liability and Property Damage and Workmen’s Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Engineer or Locality, or by them agreed. The Engineer may direct the form in which accounts of the “actual field cost” shall be kept and may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used, otherwise these matters shall be determined by the Contractor. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The ten (10) percent of the “actual field cost” to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the “actual field cost” as contract defined, save that where the Contractor’s Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate same, excluding staff, shall included in the “actual field cost”. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make written request to the Engineer for written order authorizing Extra Work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefore, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written order and shall keep an accurate account of the “actual field cost” thereof, as provided

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under Method (c). The Contractor will thereby preserve the right to submit the matter for payment, as herein above described. TERMINATION, DELAYS, AND LIQUIDATED DAMAGES A. Right of the Locality to Terminate Contract. In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Locality may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Locality shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Locality may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the Locality for any excess cost incurred In such event the Locality may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. C. Liquidated Damages for Delays. If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Locality as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of Two-Hundred and Fifty Dollars ($250.00 ‘for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Locality for the amount thereof C. Hindrance and Delays. No damages for delays shall be paid to the Contractor by the Locality, except for any unreasonable delays caused by the Locality. D. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: (1) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; (2) Any acts of the Locality; (3) Causes not reasonably foreseeable by the parties to this Contract at the time of the Execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Locality, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. Provided, however, that the Contractor promptly notifies the Locality within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Locality shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Locality shall extend the time for completing the work for a period of time commensurate with the period of excusable delay.

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ASSIGNMENT OR NOVATION The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Locality; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Locality. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractors rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. DISPUTES A. All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Locality for decision. Any claim not presented within the lime limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Locality. B. The Contractor shall submit in detail his claim and his proof thereof. C. If the Contractor does not agree with any decision of the Locality, he shall in no case allow the dispute to delay the work but shall notify the Locality promptly that he is proceeding with the work under protest. TECHNICAL SPECIFICATIONS AND DRAWINGS Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Locality, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. SHOP DRAWINGS A. All required shop drawings, machinery details, layout drawings, etc. shall be submitted U the Engineer in copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. B. Any drawings submitted without the Contractor’s stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. C. If a shop thawing is in accordance with the contract or involves only a minor adjustment in the interest of the Locality not involving a change in contract price or time; the Engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing.

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REQUESTS FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the Locality for any additional information not already in his possession which should be furnished by the Locality under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply frilly with the provision of this section. MATERIALS AND WORKMANSHIP A. Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles- incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as “equal to” any particular standard, the Engineer shall decide the question of equality. B. The Contractor shall furnish to the Locality for approval the manufacturer’s detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. C. Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. D. Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. E. The Locality may require the Contractor to dismiss from the work such employee or employees as the Locality or the Engineer may deem incompetent, or careless, or insubordinate. SAMPLES, CERTIFICATES AND TESTS A. The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor’s bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor’s own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. B. Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. C. Approval of any materials shall be general only and shall not constitute a waiver of the Locality’s right to demand fill compliance with Contract requirements. After actual deliveries, the Engineer will have such

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check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. D. Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: 1. The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; 2. The Contractor shall assume all costs of re-testing materials which fail to meet contract requirements; 3. The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; 4. The Locality will pay all other expenses. PERMITS AND CODES A. The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Locality. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the Locality will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the Locality, B. The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. C. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract.

CARE OF WORK A. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. B. The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. C. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Locality is authorized to act at his

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discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Locality. D. The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations.

E. The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Locality from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Locality may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises.

ACCIDENT PREVENTION A. No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. B. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. C. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Locality with reports concerning these matters D. The Contractor shall indemnify and save harmless the Locality from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. E. The Contractor shall provide trench protection for all trenches in excess of a depth of five (5) feet, in the manner specified in the technical specifications and drawings. SANITARY FACILITIES The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations.

USE OF PREMISES A. The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Locality, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment.

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B. The Contractor shall comply with all reasonable instructions of the Locality and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades REMOVAL OF DEBRIS, CLEANING, ETC. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. INSPECTION A. All materials and workmanship shall be subject to inspection, examination, or test by the Locality and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Locality shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Locality may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Locality. B. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Locality will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. C. The Contractor shall notify the Locality sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Locality, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Locality. D. Should it be considered necessary or advisable by the Locality at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. F. Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. F. Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Locality or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract.

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REVIEW BY LOCALITY The Locality and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Locality through its authorized representatives or agents. FINAL INSPECTION When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Locality in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Locality will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon there after as is practicable. DEDUCTION FOR UNCORRECTED WORK If the Locality deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Locality and subject to settlement, in case of dispute, as herein provided. INSURANCE The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Locality. A. Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workers Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractors Workers Compensation Insurance. B. Contractors Public Liability and Property Damage Insurance and Vehicle Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor’s Public Liability Insurance, Contractor’s Property Damage Insurance and Vehicle Liability Insurance in the following amounts: See Special Conditions of the Agreement. C. Proof of Insurance: The Contractor shall furnish the Locality with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: ‘The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Locality.”

WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Locality free from any claims, liens, or charges. Neither the Contractor -nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Locality. The provisions of this paragraph shall be inserted in all subcontracts

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and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. WARRANTY OF WORKMANSHIP AND MATERIALS Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Locality or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there from which shall appear within a period of twelve (12) months from the date of final acceptance of the work.

COMPLIANCE WITH AIR AND WATER ACTS In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: 1. Any facility to be utilized in the performance of this contract or any subcontract shall P be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2. He will comply with all requirements of Section 114 of the Clean Air Act, as amended. EQUAL EMPLOYMENT OPPORTUNITY A. The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, or national origin The 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, or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising- layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the owner. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

D. The goals and timetables for minority and female participation are as follows: Timetables Goals for Goals for Minority female participation participation in each trade in each trade These goals are applicable to all the Contractors construction work (whether or not it is federal or federally assisted) performed in the covered area.

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E. The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. F. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. G. A single goal for minorities and a separate single goal for women have been established. The 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. H. The Contractor shall not use the goals and timetables or affirmative action standards b discriminate against any person because of race, color, religion, sex, or national origin. I. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. J. 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. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SECTION 109 OF THE -HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. TILE PROVISION OF LOCAL TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES A. To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The Contractor will include this clause in every subcontract for work in connection with the project.

NON SEGREGATED FACILITIES The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to per-form their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term “segregated facilities” means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation. and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.

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JOB OFFICES A. The Contractor and his subcontractors may maintain such office and storage facilities n the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Locality shall be consulted with regard to locations B. Upon completion of the improvements, or as directed by the Locality, the Contractors shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract.

PARTIAL USE OF SITE IMPROVEMENTS The Locality may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: A. The use of such sections of the Improvements shall in no way impede the completion the remainder of the work by the Contractor. B. The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. C. The period of guarantee stipulated in the Section 132 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. CONTRACT DOCUMENTS AND DRAWINGS The Local Public Agency will furnish the Contractor without charge 4_copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. CONTRACT PERIOD The work to be performed under this contract shall commence within the time stipulated by the Locality in the Notice to Proceed, and shall be fully completed within 150 calendar days thereafter. LIQUIDATED DAMAGES Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Locality the sum of Two Hundred Fifty dollars ( $ 250.00 ) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion.

RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS (NOTE: This only applies to TCDP Contracts beginning with 1988.)

A. Definitions “Component” as used in this clause means those articles, materials and supplies incorporated directly into the product. “Contractor or sub-contractor of a foreign country” as used in this clause means any Contractor or - subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen

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or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country. 1. If 50% or more of the Contractor or subcontractor is owned by a citizen or national of the foreign country; 2. If the title to 50% or more of the stock of the Contractor or subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country; 3. If 50% or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country. 4. In the case of a partnership, if any general partner is a citizen of the foreign country. 5. In the case of a corporation, if its president or other chief executive officer or the chairman of its board of directors is a citizen of the foreign country or the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory or possession thereof; or 6. In the ease of a contractor or subcontractor who is a joint venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in (1) through (5) of this clause. ‘Product’ as used in this clause means construction materials--i.e. articles, materials and supplies brought to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product, the Locality will consider a product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the components mined, produced or manufactured in the foreign country exceed 50% of the cost of all its components. B. Restrictions: The Contractor shall not: 1. Knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U S. films published by the United States Trade Representative (USTR); or 2. Supply any product under this contract of a country included on the list of foreign. 3. USTR List. The current list contains only one country--Japan 4. Certification: The contractor may rely upon the certification of a prospective subcontractor that it is not a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR and that products supplied by such subcontractor for use on the Federal public works project under this contract are not products of a foreign country included on the list of foreign countries that discriminate against U.S. films published by the USTR, unless such Contractor has knowledge that the certification is erroneous. 5. Subcontracts: The contractor shall incorporate this clause, including this paragraph in all subcontracts. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon or fail to resume work within ten (10) days after written notification from the Locality or the Engineer, or the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this contract or this Agreement or with the specifications hereto attached, then and in that case, the Surety on the bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for work, may be held for use on the work by the Locality or the Surety on the construction bond, or another Contractor, in completion of

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the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with extra work, where credit shall be allowed as provided for under Paragraph 17, Extra Work), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion herein before provided for within ten (10) days after services of such notice, then the Locality may provide for completion of the work in either of the following elective manners: A. The Locality may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Locality may deem necessary to complete the work and charge the expense of such labor, material, machinery, equipment, tools and supplies to said Contractor and the expense so charged shall be deducted and paid by the Locality out of such money as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is more than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Locality; Or B. The Locality, under sealed bids, after five (5) days notice published one or more times in a newspaper having a general circulation in the County of the location of the work, may let a contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Locality under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound theretofore. When the work shall have been substantially completed the Contractor and his Surety shall be notified and Certificates of Completion and Acceptance shall be issued as provided in Paragraph 25 herein-above, a complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety shall pay the balance due as reflected by said statement within twenty-one (21) days after the date of such Certificate of Completion. In the event the statement of the account shows that the cost to complete the work is less than that which would have been the cost to the Locality had the work been completed by the Contractor under the terms of this contract and when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Locality, then all machinery, equipment tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price and the Contractor and/or his Surety fail to pay the amount due the Locality within the time designated hereinabove, and there remains any machinery, equipment, tools, material or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or otherwise giving such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Locality to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Locality may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor, as the Locality may elect.

The Locality shall release any machinery, equipment, tools, materials or supplies, which remain on the work and belong to persons other than the Contractor or his Surety, to their proper Localities without notice to the Contractor.

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ABANDONMENT BY THE LOCALITY In case the Locality shall fail to comply with the terms of this contract and should fail or refuse to comply with said terms within ten (15) days after written notifications by the Contractor, the Contractor may suspend or wholly abandon the work, and may remove there from all machinery, tools and equipment. And thereupon the Engineer shall make an estimate of the total earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor, to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Locality, all other sums that may have been retained by the Locality, under the terms of this Agreement, and shall certify same to the Locality who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor, the balance shown by said final statement as due the Contractor under the terms of this Agreement. BONDS It is therefore agreed by the parties of this contract that the Contractor shall execute a performance bond and a payment bond, each in the sum of one hundred (100) percent, in the forms provided for this purpose, and it agreed that this contract shall not be in effect until such bonds are furnished and approved by the Locality.

SECTION 3: GENERAL CONDITIONS Page 28

PREVAILING WAGE LEGAL REQUIREMENTS

The Contractor’s attention is called to Articles 5159A and 5160 of the Revised Civil statutes of Texas which Statutes must be complied with. These articles are as follows: ARTICLE 5159A SECTION 1: Not less than the general prevailing rate of per diem wages for work of a similar character in the locality which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work, shall be paid to all laborers, workmen and mechanics employed by or on behalf of any County, City and County, City, Town, District or other political subdivision of the State, engaged in the construction of public works, exclusive of maintenance work. Laborers, workmen and mechanics employed by contractors or subcontractors in the execution of any contract or contracts for public works with the State, or any officer or public body thereof, or in the execution of any contract or contracts for public works, with any County, City and County, City, Town, District or other political subdivision of this State, or any officer or public body thereof, shall be deemed to be employed upon public work. SECTION 2: The public body awarding any contract for public work on behalf of the State, or on behalf of any County, City and County, City, Town, District or other political subdivision thereof or otherwise undertaking any public work, shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workmen or mechanic needed to execute the contract, and shall specify in the call for bids for said contract, and in the contract itself, what the general prevailing rate of per diem wages in the said locality is for each craft or type of workmen needed to execute the contract, also the prevailing rate for legal holiday and overtime work, and it shall be needed to execute the contract, also the prevailing rate for legal holiday and overtime work, and it shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract. The Contractor shall forfeit as a penalty to the State, County, City and County, City, Town, District or other political subdivision on whose behalf the contract is made or awarded, Ten Dollars ($10.00) for each laborer, workman or mechanic employed for each calendar the, or portion thereof, such laborer, workman or mechanic is paid less than the stipulated rates for any work done under said contract, by him, or by any subcontractor under him, and the said public body awarding the contract shall cause to be inserted in the contract a stipulation to this effect. It shall be the duty of such public body awarding the contract, and its agents and officers to take cognizance of complaints of all violations of the provisions of this Act committed in the course of the execution of the contract, and when making payments to the contractor of monies becoming due under said contract to withhold and retain there from all sums and amounts which shall have been forfeited pursuant to the herein said stipulation and the terms of this Act; provided, however, that no sum shall be so withheld, retained or forfeited, except from the final payment, without a frill investigation by the awarding body. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of said subcontractor’s failure to comply with the terms of this Act, and if payment has already been made to him the contractor may recover from him the amount of the penalty or forfeiture in a suit at law. SECTION 3: The contractor and each subcontractor shall keep, or cause to be kept, an accurate record showing the names and occupations of all laborers, workmen and mechanics employed by him, in connection with the said public work, and showing the actual per diem wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of the public body awarding the contract, its officers and agents. SECTION 4: Any construction or repair work done under contract, and paid for in whole or in part out of public funds, other than work done directly by any public utility company pursuant to order of the Railroad Commission or other public authority, whether or not done under public supervision or direction or paid for wholly or in part out of public funds, shall be held to be “public works” within the meaning of political subdivision of this State in which the building, highway, road, excavation, or other structures, project,

SECTION 3: GENERAL CONDITIONS Page 29

development or improvement is situated in all cases in which the contract is awarded by the State, or any public body thereof; and shall be held to mean the limits of the County, City and County, City, Town, District or other political subdivision on whose behalf the contract is awarded in all other cases. The term “general prevailing rate of per diem wages” shall be the rate determined upon as such rate by the public body awarding the contract, or authorizing the work, whose decision in the matter shall be final. Nothing in this act, however, shall be construed to prohibit the payment to any laborer, workman or mechanic employed on any public work as aforesaid of more than the said general prevailing rate of wages. ARTICLE 5160 Bond for Wages: Any person or persons, firm or corporation, entering into a formal contract with this State or its counties or school districts or other subdivisions thereof or any municipality therein for the construction of any public building, or the prosecution and completion of any public work shall be required, before, commencing such work, to execute the usual Penal Bond, with additional obligation that such contractor shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract. Any person, company, or corporation who has furnished labor or materials used in the construction or repair or any public building or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the State or any adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claims and judgment of the State or municipality. If the full amount of the liability of the surety on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due to the State or municipality, the remainder shall be distributed pro-rata among said interveners. Provided, further, that all claims for labor and materials furnished to said Contractor, and all claims for labor and material furnished to any contractor shall be itemized and sworn to as required by Statutes as to mechanic’s lien claims, and such claims shall be filed with the County Clerk of the County, in which said work is being prosecuted, within ninety days from the date of the delivery of said material and the performance of said work. The County Clerk shall note on the mechanic’s lien record, the name of the claimant, the amount claimed, the name of the contractor and the name of the county, School District, other subdivisions, or municipality with which the contract was made; and the County Clerk shall index the claim under the name of the contractor and under the name of the County, School District, other subdivision or municipality; with which the contract was made. Provided further, that after completion and acceptance of completed project all moneys due contractor under said contract shall be held by the state or its counties or school districts or other subdivision, thereof or an affidavit made by Contractor that all just bills for labor and material under this contract has been paid in by the Contractor. Acts 1913, P.185; Acts 1929, 4P leg. P.4881. Ch. 22 paragraph I.

SECTION 3: GENERAL CONDITIONS Page 30

GENERAL PROVISIONS

Project: ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS

Scope of Work: ROADWAY RESURFACING, RESTORATION AND REHABILITATION

To minimize disturbance of the surrounding areas, the Contractor shall conduct all of the construction only within those portions of the site which are required and indicated on the plans. Any existing structures and/or utilities not pertaining to this project damaged by this Contractor will be replaced or repaired at the Contractor's expense. See plans for details and appurtenances. All labor, materials, equipment, supervision and other services required for this construction will be furnished in accordance with plans and specifications as prepared by ______

Schedule and Sequence of Construction

The Contractor shall, prior to beginning work, prepare and submit a proposed schedule of work to the Engineer for his approval.

Upon award of contract, the Owner will allow the Contractor 10 davs to order or fabricate materials needed to successfully complete this project. If materials are delivered prior to expiration of days allowed, the Contractor may commence work after letter to begin has been sent by Engineer.

The Contractor shall not close the road nor begin construction until all materials requiring fabrication away from the project site have been delivered to the project site and/or a site approved by the Engineer.

Traffic Control

The Contractor shall place all barricades, warning signs, and all traffic control devices in accordance with that prescribed by the 1980 Texas Manual on Uniform Traffic Control Devices.

No street or driveway shall be closed to through traffic.

Inspection of Work

The Engineer shall inspect the work covered under this contract or the Owner's authorized representative. The quality of the material and the quality of the construction and related equipment shall be of satisfaction of the Inspector. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of the contract.

Testing and Acceptance of Improvements

The Owner reserves the option of testing any and all materials used in this construction. An independent laboratory designated and paid by the Owner, unless otherwise stated in the specifications of the items to be tested will make all testing. All costs for testing of completed construction specified herein, i.e., subgrade, caliche base, HMAC thickness, shall be at the owner's designated lab's expense in accordance with accepted

SECTION 3: GENERAL CONDITIONS Page 31

practice and ASTM Standards. The Engineer shall be notified of work in Progress that will require testing for acceptance for scheduling 24 hours in advance of the actual testing. All test results, not performed by the Engineer shall be submitted to the Engineer and Owner on a timely basis.

Disposal of Surplus Materials

The Contractor shall at his own expense make arrangements for the disposal of surplus material such as broken concrete, broken pipes, trees, brush, and all other unwanted backfill material. All materials including asphalt and broken concrete from existing structures, etc. shall not be used or spoiled within the county right-of-way but shall be removed from the project by the Contractor. Payment shall be considered subsidiary to the various bid items.

Dust Control

The proposed construction will require considerable truck and construction traffic creating dust. The Contractor shall use appropriate means, i.e., watering, speed of traffic, etc. to minimize the dust and nuisance to the project's vicinity.

Final Clean-Up

The Contractor shall not bury any brush, trash, surplus, discarded materials, temporary services, broken pipes, concrete structures, or any kind of debris within the project area. The Contractor shall leave the work site in a neat and orderly condition. Waste materials removed from the site shall be disposed of at locations satisfactory to the Owner and the Engineer.

Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all brush, trash, surplus and discarded materials, temporary services, pipes, concrete structures and debris of every kind. Fences, driveways, mailboxes, sidewalks and any existing improvements within the area damaged by the Contractor shall be reconstructed to their original conditions at the Contractor's expense.

Competency of Bidders

The Bidder must be capable of performing each of the various items of work bid upon. Upon requests, the successful Bidder shall submit a complete statement of his financial resources and his experience in similar work. The successful Bidder, also upon request, will submit a list of his equipment that will be available for the work.

Guarantee of Work

All workmanship, equipment and materials, furnished or installed by the Contractor shall be guaranteed for a period of at least one (1) year against faulty workmanship or defective materials. The warranty period shall begin on the date of acceptance of the project by the Owner and extend for a period of 365 days thereafter. The Owner may at his option, require that the Contractor post a performance bond in the amount of ten (10) percent of final total cost of the project to provide surety for the guarantee.

SECTION 3: GENERAL CONDITIONS Page 32

Subsidiary Items

The Contractor will be responsible for all construction shown on the plans and detailed in the specifications. If an item of construction is not listed in the bid proposal that item will be subsidiary to other items on the proposal. An item shown on the plans, but not listed on the bid proposal does not relieve the Contractor from the responsibility of the work. It will be the Contractor's responsibility to place the cost of the subsidiary item with the cost of a primary item on the proposal.

Emergencies

The Contractor, prior to beginning work, shall provide the County of Cameron and the Engineer with current telephone numbers (home, office, pager and mobile) where the Contractor can be contacted 24 hours per day, including weekends, in case of emergencies related to the project.

SECTION 3: GENERAL CONDITIONS Page 33

SECTION 4

TECHNICAL SPECIFICATIONS

ADOLPH THOMAE JR. COUNTY PARK ROADWAY AND PARKING IMPROVEMENTS 105

Item 105 Removing Treated and Untreated Base and Asphalt Pavement

1. DESCRIPTION

Break, remove, and store or dispose of existing asphalt pavement, including surface treatments, and treated or untreated base materials.

2. CONSTRUCTION

Break material retained by the Department into pieces not larger than 24 in. unless otherwise shown on the plans. Remove existing asphalt pavement before disturbing stabilized base. Avoid contamination of the asphalt materials and damage to adjacent areas. Repair material damaged by operations outside the designated locations.

Stockpile materials designated salvageable at designated sites when shown on the plans or as directed. Prepare stockpile site by removing vegetation and trash and by providing for proper drainage. Material not designated to be salvaged will become the property of the Contractor. When this material is disposed of, do so in accordance with federal, state, and local regulations.

3. MEASUREMENT

This Item will be measured by the 100-ft. station along the baseline of each roadbed, by the square yard of existing treated or untreated base and asphalt pavement in its original position, or by the cubic yard of existing treated or untreated base and asphalt pavement in its original position, as calculated by the average end area method. Square yard and cubic yard measurement will be established by the widths and depths shown on the plans and the lengths measured in the field.

4. PAYMENT

The work performed in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Removing Treated and Untreated Base and Asphalt Pavement” of the depth specified. This price is full compensation for breaking the material, loading, hauling, unloading, stockpiling or disposing; repair to areas outside designated locations for removal; and equipment, labor, tools, and incidentals.

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161

Item 161 Compost

1. DESCRIPTION

Furnish and place compost as shown on the plans.

2. MATERIALS

Furnish compost that has been produced by aerobic (biological) decomposition of organic matter and meets the requirements of Table 1. Compost feedstock may include, but is not limited to, leaves and yard trimmings, biosolids, food scraps, food-processing residuals, manure or other agricultural residuals, forest residues, bark, and paper. Ensure compost and wood chips do not contain any visible refuse, other physical contaminants, or any substance considered harmful to plant growth. Do not use materials that have been treated with chemical preservatives as a compost feedstock or as wood chips. Do not use mixed municipal solid waste compost. Provide compost meeting all applicable 40 CFR 503 standards for Class A biosolids and TCEQ health and safety regulations as defined in the TAC, Chapter 332, including the time and temperature standards in Subchapter B, Part 23. Meet the requirements of the United States Composting Council (USCC) Seal of Testing Assurance (STA) program.

Before delivery of the compost, provide quality control (QC) documentation that includes the following:  the feedstock by percentage in the final compost product,  a statement that the compost meets federal and state health and safety regulations,  a statement that the composting process has met time and temperature requirements,  a copy of the producer’s STA certification, and  a copy of the lab analysis, performed by an STA-certified lab, verifying that the compost meets the requirements of Table 1.

Provide a copy of the current TCEQ compliance statement signed by the facility manager when furnishing biosolids compost. Table 1 Physical Requirements for Compost Property Test Method Requirement 95% passing 5/8" Particle Size TMECC1 02.02-B, “Sample Sieving for Aggregate Size Classification” 70% passing 3/8" TMECC 04.06, “Heavy Metals and Hazardous Elements”: 04.06-As, Arsenic 04.06-Cd, Cadmium 04.06-Cu, Copper 04.06-Pb, Lead Heavy Metals Content Pass 04.06-Hg, Mercury 04.06-Mo, Molybdenum 04.06-Ni, Nickel 04.06-Se, Selenium 04.06-Zn, Zinc Salinity TMECC 04.10-A, “1:5 Slurry Method, Mass Basis” 5.0 dS/m Max2 pH TMECC 04.11-A, “1:5 Slurry pH” 5.5–8.5 Maturity TMECC 05.05-A, “% Emergence and Relative Seedling Vigor” > 80% Organic Matter Content TMECC 05.07-A, “Loss-On-Ignition Organic Matter Method” 25-65% (dry mass) Stability TMECC 05.08-B, “Carbon Dioxide Evolution Rate” ≤ 8 Fecal Coliform TMECC 07.01-B, “Fecal Coliforms” 1,000 MPN/g Max 1. Test Methods for the Examination of Composting and Compost, published by the United States Department of Agriculture and the USCC. 2. A soluble salt content up to 10.0 dS/m for compost used in compost-manufactured topsoil will be acceptable.

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161 Maintain compost in designated stockpiles at the producer’s site. The Department reserves the right to sample compost at the jobsite. Material may be tested to verify compliance with this Specification by a STA-certified lab. Make payment to the STA-certified lab approved by the Department. Submit lab invoices for passing tests to the Department for reimbursement. Maintain a complete record of all test reports for the previous and current calendar year.

2.1. Compost Manufactured Topsoil (CMT). Use CMT consisting of 75% topsoil blended with 25% compost measured by volume. Use topsoil conforming to Article 160.2., “Materials.”

2.2. Erosion Control Compost (ECC). Use ECC consisting of 50% untreated wood chips blended with 50% compost measured by volume. Use wood chips less than or equal to 5 in. in length with 95% passing a 2-in. screen and less than 30% passing a 1-in. screen.

2.3. General Use Compost (GUC). Use GUC consisting of 100% compost.

3. CONSTRUCTION

Prepare the types of compost for use on the project and stockpile at the jobsite.

3.1. Compost Manufactured Topsoil (CMT). After excavation and embankment work is complete, remove and dispose of objectionable material from the topsoil before blending. Use equipment capable of blending CMT uniformly to the full depth as specified. Roll the CMT with a light corrugated drum.

3.2. Erosion Control Compost (ECC). Use only on slopes 3:1 or flatter. Apply a 2-in. uniform layer after excavation and embankment work is complete unless otherwise shown on the plans or directed. Use a light roller or other suitable equipment when rolling is specified.

3.3. General Use Compost (GUC). Apply in a uniform layer as a top dressing on established vegetation to the depth shown on the plans. Do not bury existing vegetation. Apply GUC as a backfill ingredient, in a planting soil mixture, for planting bed preparation, or as mulch, when shown on the plans.

4. MEASUREMENT

This Item will be measured by the 100-ft. station along the baseline of each roadbed, by the square yard complete in place, or by the cubic yard in vehicles at the point of delivery.

For ECC cubic yard measurement, the quantity will be the composite material, compost and topsoil or wood chips.

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Compost Manufactured Topsoil,” “Erosion Control Compost,” and “General Use Compost” as follows:

For measurement by the station and square yard, payment will be for the depth specified;

For measurement by the cubic yard, payment will be made for material measured in vehicles.

This price is full compensation for loading, hauling, stockpiling, blending, placing, rolling, sprinkling, equipment, labor, materials (including topsoil for CMT and wood chips for ECC), tools, and incidentals. Costs associated with passing quality assurance (QA) testing will be paid for in accordance with the requirements of Article 9.7., “Payment for Extra Work and Force Account Method,” at invoice price with no add-ons.

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204

Item 204 Sprinkling

1. DESCRIPTION

Apply water for dust control, earthwork, or base construction.

2. MATERIALS

Furnish water free of industrial wastes and other objectionable matter.

3. EQUIPMENT

Use sprinklers and spray bars equipped with positive and rapidly working cut-off valves.

4. CONSTRUCTION

Apply water at a uniform rate and in the required quantity, or as directed.

5. MEASUREMENT

This Item will be measured by the 1,000 gal. applied.

6. PAYMENT

Unless sprinkling is specified as a pay item, the work performed and materials furnished in accordance with this Item will not be paid for directly but will be subsidiary to pertinent Items.

When sprinkling is specified on the plans as a pay item, the work performed and water furnished will be paid for at the unit price bid for “Sprinkling (Base),” “Sprinkling (Earthwork),” or “Sprinkling (Dust Control).” This price is full compensation for furnishing and applying water; furnishing and operating sprinklers and measuring devices; and hauling, equipment, labor, fuel, materials, tools, and incidentals.

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210

Item 210 Rolling

1. DESCRIPTION

Compact embankment, subgrade, base, surface treatments, broken concrete pavement, or asphalt pavement using rollers. Break up asphalt mats, pit run material, or base materials.

2. EQUIPMENT

Use any type of roller to meet the production rates and quality requirements of the Contract unless otherwise shown on the plans or directed. Use equipment that meets the requirements of this Item when specific types of equipment are required. The Engineer may allow the use of rollers that operate in one direction only when turning does not affect the quality of work or encroach on traffic. Table 1 Roller Requirements1 Roller Materials to be Load Roller Type Contact Pressure Speed Compacted (tons) (mph) Embankment, ≥ 325 lb. per inch of Steel wheel subgrade, base, ≥ 10 2–3 wheel width asphalt concrete Embankment, 125–550 psi per Tamping – 2–3 subgrade tamping foot Heavy Embankment, ≥ 550 psi per – 2–3 tamping subgrade tamping foot Type A  6 Embankment, Type B  6 Per equipment Vibratory subgrade, base, Type C as specification and as As approved asphalt concrete shown on the approved plans Embankment, Light subgrade, surface 2–6 4.5–9.0 ≥ 45 psi pneumatic treatment Asphalt Concrete 4–12

Embankment, 2–6 subgrade, base, 12–25 ≥ 80 psi, as directed Medium surface treatment pneumatic

Asphalt Concrete 4–12 Embankment, subgrade, base, Heavy previously broken ≥ 25 ≤ 150 psi 2–6 pneumatic concrete pavement, other pavements Embankment, Grid breaking up existing 5–13 – 2–3 asphalt mats or base 1. Unless otherwise specified in the Contract.

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210 2.1. Static Steel Wheel Rollers. Furnish single, double, or triple steel wheel, self-propelled power rollers weighing at least 10 tons capable of operating in a forward and backward motion. Ensure all wheels are flat. The Contractor may use vibratory rollers in the static mode when static steel wheel rollers are required.

For single steel wheel rollers, pneumatic rear wheels are allowed for embankment, subgrade, and base. Provide rear wheels for triple steel wheel rollers with a minimum diameter of 48 in., a minimum width of 20 in., and a minimum compression of 325 lb. per inch of wheel width.

2.2. Tamping Rollers. Furnish self-propelled rollers with at least one self-cleaning metal tamping drum capable of operating in a forward or backward motion with a minimum effective rolling width of 5 ft. Mount drums in a frame so that each drum moves independently of the other for rollers with more than one drum. Operate rollers in static or vibratory mode.

2.2.1. Tamping Roller (Minimum Requirement). Provide tamping feet that exert a static load of 125 to 550 psi and project at least 3 in. from the surface of the drum for all tamping rollers except for heavy tamping rollers.

2.2.2. Heavy Tamping Roller. Provide tamping rollers that have:  2 metal tamping drums, rolls, or shells, each with a 60-in. minimum diameter and a 5-ft. minimum width, or  1 rear and 2 forward drums, each with a 60-in. minimum diameter. Arrange drums so that the rear drum compacts the space between the 2 forward drums and the minimum overall rolling width is 10 ft.

Equip drums with tamping feet that:  project at least 7 in. from the drum surface,  have an area of 7 to 21 sq. in.,  are self-cleaning,  exert a static load of at least 550 psi, and  are spaced at 1 tamping foot per 0.65 to 0.70 square feet of drum area.

2.3. Vibratory Rollers. Furnish self-propelled rollers with at least one drum equipped to vibrate. Select and maintain amplitude and frequency settings per manufacturer’s specifications to deliver maximum compaction without material displacement or shoving, as approved. Furnish the equipment manufacturer’s specifications concerning settings and controls for amplitude and frequency. Operate rollers at speeds that will produce at least 10 blows per foot unless otherwise shown on the plans or approved. Pneumatic rear wheels are allowed for embankment, subgrade, and base. Equip each vibrating drum with:  separate frequency and amplitude controls,  controls to manually start and stop vibration, and  a mechanism to continuously clean the face of the drum.

For asphalt-stabilized base and asphalt concrete pavement, furnish a roller that also has the ability to:  automatically reverse the direction of the rotating eccentric weight,  stop vibration before the motion of the roller stops, and  thoroughly moisten the drum with water or approved asphalt release agent.

2.3.1. Drum (Type A). Furnish a roller with a static weight less than 6 tons and a vibratory drum.

2.3.2. Drum (Type B). Furnish a roller with a minimum static weight of 6 tons and a vibratory drum.

2.3.3. Drum (Type C). Furnish a roller as shown on the plans.

2.4. Pneumatic Tire Rollers. Pneumatic tire rollers consist of rubber tire wheels on axles mounted in a frame with either a loading platform or body suitable for ballast loading. Arrange the rear tires to cover the gaps between adjacent tires of the forward group. Furnish rollers capable of forward and backward motion. Compact asphalt pavements and surface treatments with a roller equipped with smooth-tread tires. Compact

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210 without damaging the surface. Moisten the wheels with water or an approved asphalt release agent when necessary.

Select and maintain the operating load and tire air pressure within the range of the manufacturer’s charts or tabulations to attain maximum compaction throughout the lift, as approved. Furnish the manufacturer’s chart or tabulations showing the contact areas and contact pressures for the full range of tire inflation pressures and for the full range of loadings for the particular tires furnished. Maintain individual tire inflation pressures within 5 psi of each other. Provide uniform compression under all tires.

2.4.1. Light Pneumatic Tire. Furnish a unit:  with at least 9 pneumatic tires,  with an effective rolling width of approximately 5 ft.,  capable of providing a total uniform load of 4.5 to 9 tons, and  with tires capable of maintaining a minimum ground contact pressure of 45 psi.

2.4.2. Medium Pneumatic Tire. Furnish a unit:  with at least 7 pneumatic tires,  with an effective rolling width of approximately 7 ft.,  capable of providing a total uniform load of 12 to 25 tons, and  with tires capable of maintaining a minimum ground contact pressure of 80 psi or 90 psi as directed.

2.4.3. Heavy Pneumatic Tire. Furnish a unit:  with at least 4 pneumatic-tired wheels mounted on axles carrying no more than 2 wheels,  with wheels arranged to carry approximately equal loads on uneven surfaces,  with a width between 8 and 10 ft. that can turn 180° in the crown width,  capable of providing a total uniform load of at least 25 tons,  with tires capable of maintaining a maximum ground contact pressure of 150 psi, and  with liquid-filled tires inflated to such a level that liquid will flow from the valve stem when the stem is in the uppermost position.

2.5. Grid Rollers. Furnish rollers that have 2 cylindrical cages with a minimum diameter of 66 in. and a minimum width of 32 in. Mount cages in a rigid frame with weight boxes. Use a cage surface of cast or welded steel fabric grid with bars 1-1/2 in. wide, spaced on 5-in. centers in each direction, that undulate approximately 1 in. between the high and low points.

Furnish rollers capable of providing a total load of 5 to 13 tons and capable of being operated in a forward or backward motion.

2.6. Alternate Equipment. The Contractor may use alternate compaction equipment that produces results equivalent to the specified equipment as approved. Discontinue the use of the alternate equipment and furnish the specified equipment if the desired results are not achieved.

3. CONSTRUCTION

Perform this work in accordance with the applicable Items using equipment and roller speeds specified in Table 1. Use only rubber-tired equipment to push or pull compaction equipment on base courses. Use equipment that does not damage material being rolled.

4. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items.

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216

Item 216 Proof Rolling

1. DESCRIPTION

Proof-roll earthwork, base, or both to locate unstable areas.

2. EQUIPMENT

2.1. Specified Equipment. Furnish rollers that weigh at least 25 tons when loaded. The maximum acceptable load is 50 tons. Provide rollers that meet the requirements of Section 210.2.4., “Pneumatic Tire Rollers.”

2.2. Alternative Equipment. The Contractor may use alternate compaction equipment that produces results equivalent to the specified equipment in the same period of time as approved. Discontinue the use of the alternative equipment and furnish the specified equipment if the desired results are not achieved.

3. CONSTRUCTION

Perform proof rolling as directed. Adjust the load and tire inflation pressures within the range of the manufacturer’s charts or tabulations, as directed. Make at least 2 coverages with the proof roller. Offset each trip of the roller by at most one tire width. Operate rollers at a speed between 2 and 6 mph, as directed. Correct unstable or nonuniform areas, if found, in accordance with the applicable Item.

4. MEASUREMENT

Rolling will be measured by the hour operated on surfaces being tested.

5. PAYMENT

The work performed and equipment furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Proof Rolling.” This price is full compensation for furnishing and operating equipment and for labor, materials, tools, and incidentals.

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247

Item 247 Flexible Base

1. DESCRIPTION

Construct a foundation course composed of flexible base.

2. MATERIALS

Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications. Notify the Engineer of the proposed material sources and of changes to material sources. The Engineer may sample and test project materials at any time before compaction throughout the duration of the project to assure specification compliance. Use Tex-100-E material definitions.

2.1. Aggregate. Furnish aggregate of the type and grade shown on the plans and meeting the requirements of Table 1. Each source must meet Table 1 requirements for liquid limit, plasticity index, and wet ball mill for the grade specified. Do not use additives, such as but not limited to lime, cement, or fly ash to modify aggregates to meet the requirements of Table 1 unless shown on the plans. Table 1 Material Requirements Property Test Method Grade 1–2 Grade 3 Grade 42 Grade 5 Sampling Tex-400-A Master gradation sieve size

(cumulative % retained) 2-1/2" 0 0 0 1-3/4" 0–10 0–10 0–5 Tex-110-E 7/8" 10–35 – As shown on 10–35 3/8" 30–65 – the plans 35–65 #4 45–75 45–75 45–75 #40 65–90 50–85 70–90 As shown on Liquid Limit, % Max Tex-104-E 40 40 35 the plans As shown on Plasticity Index, Max1 10 12 10 the plans Tex-106-E As shown on As shown on the As shown on As shown on Plasticity index, Min1 the plans plans the plans the plans As shown on Wet ball mill, % Max 40 – 40 the plans Tex-116-E Wet ball mill, % Max increase As shown on 20 – 20 passing the #40 sieve the plans Min compressive strength, psi lateral pressure 0 psi 35 – As shown on – Tex-117-E lateral pressure 3 psi – – the plans 90 lateral pressure 15 psi 175 – 175 1. Determine plastic index in accordance with Tex-107-E (linear shrinkage) when liquid limit is unattainable as defined in Tex-104-E. 2. Grade 4 may be further designated as Grade 4A, Grade 4B, etc.

2.1.1. Material Tolerances. The Engineer may accept material if no more than 1 of the 5 most recent gradation tests has an individual sieve outside the specified limits of the gradation.

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When target grading is required by the plans, no single failing test may exceed the master grading by more than 5 percentage points on sieves No. 4 and larger or 3 percentage points on sieves smaller than No. 4.

The Engineer may accept material if no more than 1 of the 5 most recent plasticity index tests is outside the specified limit. No single failing test may exceed the allowable limit by more than 2 points.

2.1.2. Material Types. Do not use fillers or binders unless approved. Furnish the type specified on the plans in accordance with the following:

2.1.2.1. Type A. Crushed stone produced and graded from oversize quarried aggregate that originates from a single, naturally occurring source. Do not use gravel or multiple sources.

2.1.2.2. Type B. Crushed or uncrushed gravel. Blending of 2 or more sources is allowed.

2.1.2.3. Type C. Crushed gravel with a minimum of 60% of the particles retained on a No. 4 sieve with 2 or more crushed faces as determined by Tex-460-A, Part I. Blending of 2 or more sources is allowed.

2.1.2.4. Type D. Type A material or crushed concrete. Crushed concrete containing gravel will be considered Type D material. Crushed concrete must meet the requirements in Section 247.2.1.3.2., “Recycled Material (Including Crushed Concrete) Requirements,” and be managed in a way to provide for uniform quality. The Engineer may require separate dedicated stockpiles in order to verify compliance.

2.1.2.5. Type E. Caliche, iron ore or as otherwise shown on the plans.

2.1.3. Recycled Material. Reclaimed asphalt pavement (RAP) and other recycled materials may be used when shown on the plans. Request approval to blend 2 or more sources of recycled materials.

2.1.3.1. Limits on Percentage. Do not exceed 20% RAP by weight, when RAP is allowed, unless otherwise shown on the plans. The percentage limitations for other recycled materials will be as shown on the plans.

2.1.3.2. Recycled Material (Including Crushed Concrete) Requirements.

2.1.3.2.1. Contractor-Furnished Recycled Materials. Provide recycled materials, other than RAP, that have a maximum sulfate content of 3,000 ppm when tested in accordance with Tex-145-E. When the Contractor furnishes the recycled materials, including crushed concrete, the final product will be subject to the requirements of Table 1 for the grade specified. Certify compliance with DMS-11000, “Evaluating and Using Nonhazardous Recyclable Materials Guidelines,” for Contractor furnished recycled materials. In addition, recycled materials must be free from reinforcing steel and other objectionable material and have at most 1.5% deleterious material when tested in accordance with Tex-413-A. For RAP, do not exceed a maximum percent loss from decantation of 5.0% when tested in accordance with Tex-406-A. Test RAP without removing the asphalt.

2.1.3.2.2. Department-Furnished Required Recycled Materials. When the Department furnishes and requires the use of recycled materials, unless otherwise shown on the plans:  Department-required recycled material will not be subject to the requirements in Table 1,  Contractor-furnished materials are subject to the requirements in Table 1 and this Item,  the final product, blended, will be subject to the requirements in Table 1, and  for final product, unblended (100% Department-furnished required recycled material), the liquid limit, plasticity index, wet ball mill, and compressive strength is waived.

Crush Department-furnished RAP so that 100% passes the 2 in. sieve. The Contractor is responsible for uniformly blending to meet the percentage required.

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2.1.3.2.3. Department-Furnished and Allowed Recycled Materials. When the Department furnishes and allows the use of recycled materials or allows the Contractor to furnish recycled materials, the final blended product is subject to the requirements of Table 1 and the plans.

2.1.3.3. Recycled Material Sources. Department-owned recycled material is available to the Contractor only when shown on the plans. Return unused Department-owned recycled materials to the Department stockpile location designated by the Engineer unless otherwise shown on the plans.

The use of Contractor-owned recycled materials is allowed when shown on the plans. Contractor-owned surplus recycled materials remain the property of the Contractor. Remove Contractor-owned recycled materials from the project and dispose of them in accordance with federal, state, and local regulations before project acceptance. Do not intermingle Contractor-owned recycled material with Department-owned recycled material unless approved.

2.2. Water. Furnish water free of industrial wastes and other objectionable matter.

2.3. Material Sources. Expose the vertical faces of all strata of material proposed for use when non-commercial sources are used. Secure and process the material by successive vertical cuts extending through all exposed strata, when directed.

3. EQUIPMENT

Provide machinery, tools, and equipment necessary for proper execution of the work.

3.1. Provide rollers in accordance with Item 210, “Rolling.” Provide proof rollers in accordance with Item 216, “Proof Rolling,” when required.

3.2. When ride quality measurement is required, provide a high speed or lightweight inertial profiler certified at the Texas A&M Transportation Institute. Provide equipment certification documentation. Display a current decal on the equipment indicating the certification expiration date.

4. CONSTRUCTION

Construct each layer uniformly, free of loose or segregated areas, and with the required density and moisture content. Provide a smooth surface that conforms to the typical sections, lines, and grades shown on the plans or as directed.

Stockpile base material temporarily at an approved location before delivery to the roadway. Build stockpiles in layers no greater than 2 ft. thick. Stockpiles must have a total height between 10 and 16 ft. unless otherwise approved. After construction and acceptance of the stockpile, loading from the stockpile for delivery is allowed. Load by making successive vertical cuts through the entire depth of the stockpile.

Do not add or remove material from temporary stockpiles that require sampling and testing before delivery unless otherwise approved. Charges for additional sampling and testing required as a result of adding or removing material will be deducted from the Contractor’s estimates.

Haul approved flexible base in clean trucks. Deliver the required quantity to each 100-ft. station or designated stockpile site as shown on the plans. Prepare stockpile sites as directed. When delivery is to the 100-ft. station, manipulate in accordance with the applicable Items.

4.1. Preparation of Subgrade or Existing Base. Remove or scarify existing asphalt concrete pavement in accordance with Item 105, “Removing Treated and Untreated Base and Asphalt Pavement,” when shown on

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the plans or as directed. Shape the subgrade or existing base to conform to the typical sections shown on the plans or as directed.

When new base is required to be mixed with existing base, deliver, place, and spread the new flexible base in the required amount per station. Manipulate and thoroughly mix the new base with existing material to provide a uniform mixture to the specified depth before shaping.

Proof roll the roadbed in accordance with Item 216, “Proof Rolling,” before pulverizing or scarifying when shown on the plans or directed. Correct soft spots as directed.

4.2. Placing. Spread and shape flexible base into a uniform layer with an approved spreader the same day as delivered unless otherwise approved. Construct layers to the thickness shown on the plans. Maintain the shape of the course. Control dust by sprinkling, as directed. Correct or replace segregated areas as directed, at no additional expense to the Department.

Place successive base courses and finish courses using the same construction methods required for the first course.

4.3. Compaction. Compact using density control unless otherwise shown on the plans. Multiple lifts are permitted when shown on the plans or approved. Bring each layer to the moisture content directed. When necessary, sprinkle the material in accordance with Item 204, “Sprinkling.”

Begin rolling longitudinally at the sides and proceed towards the center, overlapping on successive trips by at least 1/2 the width of the roller unit. Begin rolling at the low side and progress toward the high side on superelevated curves. Offset alternate trips of the roller. Operate rollers at a speed between 2 and 6 mph as directed.

Rework, recompact, and refinish material that fails to meet or that loses required moisture, density, stability, or finish requirements before the next course is placed or the project is accepted. Continue work until specification requirements are met. Perform the work at no additional expense to the Department.

Before final acceptance, the Engineer will select the locations of tests and measure the flexible base depth in accordance with Tex-140-E. Correct areas deficient by more than 1/2 in. in thickness by scarifying, adding material as required, reshaping, recompacting, and refinishing at the Contractor’s expense.

4.3.1. Ordinary Compaction. Roll with approved compaction equipment as directed. Correct irregularities, depressions, and weak spots immediately by scarifying the areas affected, adding or removing approved material as required, reshaping, and recompacting.

4.3.2. Density Control. Compact to at least 100% of the maximum dry density determined by Tex-113-E, unless otherwise shown on the plans. Maintain moisture during compaction within ±2 percentage points of the optimum moisture content as determined by Tex-113-E. Measure the moisture content of the material in accordance with Tex-115-E or Tex-103-E during compaction daily and report the results the same day to the Engineer, unless otherwise shown on the plans or directed. Do not achieve density by drying the material after compaction.

The Engineer will determine roadway density and moisture content of completed sections in accordance with Tex-115-E. The Engineer may accept the section if no more than 1 of the 5 most recent density tests is below the specified density and the failing test is no more than 3 pcf below the specified density.

4.4. Finishing. After completing compaction, clip, skin, or tight-blade the surface with a maintainer or subgrade trimmer to a depth of approximately 1/4 in. Remove loosened material and dispose of it at an approved location. Seal the clipped surface immediately by rolling with a pneumatic tire roller until a smooth surface is

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attained. Add small increments of water as needed during rolling. Shape and maintain the course and surface in conformity with the typical sections, lines, and grades as shown on the plans or as directed.

Correct grade deviations greater than 1/4 in. in 16 feet measured longitudinally or greater than 1/4 in. over the entire width of the cross-section in areas where surfacing is to be placed. Correct by loosening and adding, or removing material. Reshape and re-compact in accordance with Section 247.4.3., “Compaction.”

4.5. Curing. Cure the finished section until the moisture content is at least 2 percentage points below optimum or as directed before applying the next successive course or prime coat.

4.6. Ride Quality. This section applies to the final travel lanes that receive a 1 or 2 course surface treatment for the final surface, unless otherwise shown on the plans. Measure ride quality of the base course after placement of the prime coat and before placement of the surface treatment, unless otherwise approved. Use a certified profiler operator from the Department’s MPL. When requested, furnish the Engineer documentation for the person certified to operate the profiler.

Provide all profile measurements to the Engineer in electronic data files within 3 days after placement of the prime coat using the format specified in Tex-1001-S. The Engineer will use Department software to evaluate longitudinal profiles to determine areas requiring corrective action. Correct 0.1-mi.sections having an average international roughness index (IRI) value greater than 100.0 in. per mile to an IRI value of 100.0 in. per mile or less for each wheel path, unless otherwise shown on the plans.

Re-profile and correct sections that fail to maintain ride quality until placement of the next course, as directed. Correct re-profiled sections until specification requirements are met, as approved. Perform this work at no additional expense to the Department.

5. MEASUREMENT

Flexible base will be measured as follows:  Flexible Base (Complete In Place). The ton, square yard, or any cubic yard method.  Flexible Base (Roadway Delivery). The ton or any cubic yard method.  Flexible Base (Stockpile Delivery). The ton, cubic yard in vehicle, or cubic yard in stockpile.

Measurement by the cubic yard in final position and square yard is a plans quantity measurement. The quantity to be paid for is the quantity shown in the proposal unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

Measurement is further defined for payment as follows.

5.1. Cubic Yard in Vehicle. By the cubic yard in vehicles of uniform capacity at the point of delivery.

5.2. Cubic Yard in Stockpile. By the cubic yard in the final stockpile position by the method of average end areas.

5.3. Cubic Yard in Final Position. By the cubic yard in the completed and accepted final position. The volume of base course is computed in place by the method of average end areas between the original subgrade or existing base surfaces and the lines, grades, and slopes of the accepted base course as shown on the plans.

5.4. Square Yard. By the square yard of surface area in the completed and accepted final position. The surface area of the base course is based on the width of flexible base as shown on the plans.

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5.5. Ton. By the ton of dry weight in vehicles as delivered. The dry weight is determined by deducting the weight of the moisture in the material at the time of weighing from the gross weight of the material. The Engineer will determine the moisture content in the material in accordance with Tex-103-E from samples taken at the time of weighing.

When material is measured in trucks, the weight of the material will be determined on certified scales, or the Contractor must provide a set of standard platform truck scales at a location approved by the Engineer. Scales must conform to the requirements of Item 520, “Weighing and Measuring Equipment.”

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for the types of work shown below. No additional payment will be made for thickness or width exceeding that shown on the typical section or provided on the plans for cubic yard in the final position or square yard measurement.

Sprinkling and rolling, except proof rolling, will not be paid for directly but will be subsidiary to this Item unless otherwise shown on the plans. When proof rolling is shown on the plans or directed, it will be paid for in accordance with Item 216, “Proof Rolling.”

Where subgrade is constructed under this Contract, correction of soft spots in the subgrade will be at the Contractor’s expense. Where subgrade is not constructed under this Contract, correction of soft spots in the subgrade will be paid in accordance with pertinent Items or Article 4.4., “Changes in the Work.”

6.1. Flexible Base (Complete In Place). Payment will be made for the type and grade specified. For cubic yard measurement, “In Vehicle,” “In Stockpile,” or “In Final Position” will be specified. For square yard measurement, a depth will be specified. This price is full compensation for furnishing materials, temporary stockpiling, assistance provided in stockpile sampling and operations to level stockpiles for measurement, loading, hauling, delivery of materials, spreading, blading, mixing, shaping, placing, compacting, reworking, finishing, correcting locations where thickness is deficient, curing, furnishing scales and labor for weighing and measuring, and equipment, labor, tools, and incidentals.

6.2. Flexible Base (Roadway Delivery). Payment will be made for the type and grade specified. For cubic yard measurement, “In Vehicle,” “In Stockpile,” or “In Final Position” will be specified. The unit price bid will not include processing at the roadway. This price is full compensation for furnishing materials, temporary stockpiling, assistance provided in stockpile sampling and operations to level stockpiles for measurement, loading, hauling, delivery of materials, furnishing scales and labor for weighing and measuring, and equipment, labor, tools, and incidentals.

6.3. Flexible Base (Stockpile Delivery). Payment will be made for the type and grade specified. For cubic yard measurement, “In Vehicle” or “In Stockpile” will be specified. The unit price bid will not include processing at the roadway. This price is full compensation for furnishing and disposing of materials, preparing the stockpile area, temporary or permanent stockpiling, assistance provided in stockpile sampling and operations to level stockpiles for measurement, loading, hauling, delivery of materials to the stockpile, furnishing scales and labor for weighing and measuring, and equipment, labor, tools, and incidentals.

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Special Provision to Item 247 Flexible Base

Item 247, “Flexible Base” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Section 2.4., “Certification.” This section is added.

Personnel certified by the Department-approved soils and base certification program must conduct all sampling, field testing, and laboratory testing required by the following:  Section 2.1, “Aggregate,”  Section 2.1.3.2, “Recycled Material (Including Crushed Concrete) Requirements,”  Section 4.3, “Compaction,” for measuring flexible base depth, and  Section 4.3.2, “Density Control,” for determining the roadway density and moisture content.

Supply the Engineer with a list of certified personnel and copies of their current certificates before laboratory and field testing is performed and when personnel changes are made. At any time during the project, the Engineer may perform production tests as deemed necessary in accordance with Item 5, “Control of the Work.”

Section 2.5., “Reporting and Responsibilities.” This section is added.

Use Department-provided templates to record and calculate all test data. Obtain the current version of the templates at http://www.txdot.gov/inside-txdot/forms-publications/consultants-contractors/forms/site-manager.html or from the Engineer. The Engineer and the Contractor will provide any available test results to the other party when requested. Record and electronically submit all test results and pertinent information on Department-provided templates.

Section 2.6., “Sampling.” This section is added.

The Engineer will sample flexible base from stockpiles located at the production site or at the project location in accordance with Tex-400-A, Section 5.3. The Engineer will label the sample containers as “Engineer,” “Contractor” or “Supplier,” and “CST/M&P.” Witness the sampling and take immediate possession of the sample containers labeled “Contractor” or “Supplier.” The Engineer will maintain custody of the samples labeled “CST/M&P” until testing and reporting is completed.

Section 2.7., “Referee Testing.” This section is added.

CST/M&P is the referee laboratory. The Contractor may request referee testing when the Engineer’s test results fail to meet any of the material requirements listed in Table 1. Make the request via email within 5 working days after receiving test results from the Engineer. Submit test reports signed and sealed by a licensed professional engineer from a commercial laboratory listed on the Department’s Material Producer List (MPL) of laboratories approved to perform compaction and triaxial compression testing located at http://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpl/complabs.pdf. Submit completed test reports electronically on Department-provided templates in their original format. The referee laboratory will report test results to the Engineer within the allowable number of working days listed in Table 2 from the time the referee laboratory receives the samples. It is at the discretion of the Engineer or the referee laboratory to deny a referee request upon review of the test reports provided by the Contractor.

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Table 2 Number of Allowable Working Days to Report Referee Test Results Material Property Test Method Working Days Gradation Tex-110-E, Part I 5 Liquid Limit (Multi-Point Method) Tex-104-E, Part I 5 Plasticity Index Tex-106-E 5 Wet Ball Mill Value Tex-116-E, 5 Wet Ball Mill, % Increase passing #40 sieve Parts I and II Compressive Strength1 Tex-117-E, Part II 6 Compressive Strength2 Tex-117-E 12 1. Moisture-Density curve provided by the District 2. Moisture-Density curve determined by the referee laboratory

Section 4.6., “Ride Quality.” This section is voided and replaced by the following.

Measurement of ride quality only applies to the final travel lanes that receive a 1- or 2-course surface treatment for the final riding surface, unless otherwise shown on the plans. Measure the ride quality of the base course either before or after the application of the prime coat, as directed, and before placement of the surface treatment. Use a certified profiler operator from the Department’s MPL. When requested, furnish the Engineer documentation for the person certified to operate the profiler.

Provide all profile data to the Engineer in electronic data files within 3 days of measuring the ride quality using the format specified in Tex-1001-S. The Engineer will use Department software to evaluate longitudinal profiles to determine areas requiring corrective action. Correct 0.1-mi.sections for each wheel path having an average international roughness index (IRI) value greater than 100 in. per mile to an IRI value of 100 in. per mile or less, unless otherwise shown on the plans.

Re-profile and correct sections that fail to maintain ride quality, as directed. Correct re-profiled sections until specification requirements are met, as approved. Perform this work at no additional expense to the Department.

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Item 300 Asphalts, Oils, and Emulsions

1. DESCRIPTION

Provide asphalt cements, cutback and emulsified asphalts, performance-graded asphalt binders, and other miscellaneous asphalt materials as specified on the plans.

2. MATERIALS

Provide asphalt materials that meet the stated requirements when tested in accordance with the referenced Department, AASHTO, and ASTM test methods. Use asphalt containing recycled materials only if the recycled components meet the requirements of Article 6.9, “Recycled Materials.” Provide asphalt materials that have been preapproved for use by the Construction Division in accordance with Tex-545-C.

Acronyms used in this Item are defined in Table 1.

Table 1 Acronyms Acronym Definition Test Procedure Designations Tex Department T or R AASHTO D ASTM Polymer Modifier Designations P polymer-modified SBR or L styrene-butadiene rubber (latex) SBS styrene-butadiene-styrene block co-polymer TR tire rubber (from ambient temperature grinding of truck and passenger tires) AC asphalt cement AE asphalt emulsion AE-P asphalt emulsion prime A-R asphalt-rubber C cationic EAP&T emulsified asphalt prime and tack H-suffix harder residue (lower penetration) HF high float MC medium-curing MS medium-setting PCE prime, cure, and erosion control PG performance grade RC rapid-curing RS rapid-setting S-suffix stockpile usage SCM special cutback material SS slow-setting

2.1. Asphalt Cement. Provide asphalt cement that is homogeneous, water-free, and nonfoaming when heated to 347°F, and meets the requirements in Table 2.

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Table 2 Asphalt Cement Viscosity Grade Test Property AC-0.6 AC-1.5 AC-3 AC-5 AC-10 Procedure Min Max Min Max Min Max Min Max Min Max Viscosity T 202 140°F, poise 40 80 100 200 250 350 400 600 800 1,200 275°F, poise 0.4 – 0.7 – 1.1 – 1.4 – 1.9 – Penetration, 77°F, 100g, T 49 350 – 250 – 210 – 135 – 85 – 5 sec. Flash point, C.O.C., °F T 48 425 – 425 – 425 – 425 – 450 – Solubility in T 44 99.0 – 99.0 – 99.0 – 99.0 – 99.0 – trichloroethylene, % Spot test Tex-509-C Neg. Neg. Neg. Neg. Neg. Tests on residue from Thin-Film Oven Test: T 179 Viscosity, 140°F, poise T 202 – 180 – 450 – 900 – 1,500 – 3,000 Ductility,1 77°F T 51 100 – 100 – 100 – 100 – 100 – 5 cm/min., cm 1. If AC-0.6 or AC-1.5 ductility at 77°F is less than 100 cm, material is acceptable if ductility at 60°F is more than 100 cm.

2.2. Polymer-Modified Asphalt Cement. Provide polymer-modified asphalt cement that is smooth, homogeneous, and meets the requirements of Table 3. Supply samples of the base asphalt cement and polymer additives if requested.

Table 3 Polymer-Modified Asphalt Cement Polymer-Modified Viscosity Grade Test AC-5 AC-10 Property AC-15P AC-20XP AC-10-2TR AC-20-5TR Procedure w/2% SBR w/2% SBR Min Max Min Max Min Max Min Max Min Max Min Max Polymer SBR SBR SBS SBS TR TR Polymer content, % (solids basis) Tex-533-C 2.0 – 2.0 – 3.0 – – – 2.0 – 5.0 – Dynamic shear, G*/sin , 64°C, 1.0 10 rad/s, kPa T 315 – – – – – – – – – 1.0 – Dynamic shear, G*/sin , 58°C, – – 1.0 – – – 10 rad/s, kPa T 315 – – – – – – Viscosity 140°F, poise T 202 700 – 1,300 – 1,500 – 2,000 – 1,000 – 2,000 – 275°F, poise T 202 – 7.0 – 8.0 – 8.0 – – – 8.0 – 10.0 Penetration, 77°F, 100 g, 5 sec. T 49 120 – 80 – 100 150 75 115 95 130 75 115 Ductility, 5cm/min., 39.2°F, cm T 51 70 – 60 – – – – – – – – – Elastic recovery, 50°F, % Tex-539-C – – – – 55 – 55 – 30 – 55 – Softening point, °F T 53 – – – – – – 120 – 110 – 120 – Polymer separation, 48 hr. Tex-540-C None None None None None None Flash point, C.O.C., °F T 48 425 – 425 – 425 – 425 – 425 – 425 – Tests on residue from RTFOT Tex-541-C aging and pressure aging: and R 28 Creep stiffness T 313 S, -18°C, MPa – – – – – 300 – 300 – 300 – 300 m-value, -18°C – – – – 0.300 – 0.300 – 0.300 – 0.300 –

2.3. Cutback Asphalt. Provide cutback asphalt that meets the requirements of Tables 4, 5, and 6 for the specified type and grade. Supply samples of the base asphalt cement and polymer additives if requested.

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Table 4 Rapid-Curing Cutback Asphalt Test Type–Grade Property Procedure RC-250 RC-800 RC-3000 Min Max Min Max Min Max Kinematic viscosity, 140°F, cSt T 201 250 400 800 1,600 3,000 6,000 Water, % D95 – 0.2 – 0.2 – 0.2 Flash point, T.O.C., °F T 79 80 – 80 – 80 – Distillation test: T 78 Distillate, percentage by volume of total distillate to 680°F to 437°F 40 75 35 70 20 55 to 500°F 65 90 55 85 45 75 to 600°F 85 – 80 – 70 – Residue from distillation, volume % 70 – 75 – 82 – Tests on distillation residue:

Viscosity, 140°F, poise T 202 600 2400 600 2400 600 2400 Ductility, 5 cm/min., 77°F, cm T 51 100 – 100 – 100 – Solubility in trichloroethylene, % T 44 99.0 – 99.0 – 99.0 – Spot test Tex-509-C Neg. Neg. Neg.

Table 5 Medium-Curing Cutback Asphalt Type–Grade Test Property MC-30 MC-250 MC-800 MC-3000 Procedure Min Max Min Max Min Max Min Max Kinematic viscosity, 140°F, cSt T 201 30 60 250 500 800 1,600 3,000 6,000 Water, % D95 – 0.2 – 0.2 – 0.2 – 0.2 Flash point, T.O.C., °F T 79 95 – 122 – 140 – 149 – Distillation test: T 78 Distillate, percentage by volume of total

distillate to 680°F to 437°F – 35 – 20 – – – – to 500°F 30 75 5 55 – 40 – 15 to 600°F 75 95 60 90 45 85 15 75 Residue from distillation, volume % 50 – 67 – 75 – 80 – Tests on distillation residue:

Viscosity, 140°F, poise T 202 300 1200 300 1200 300 1200 300 1200 Ductility, 5 cm/min., 77°F, cm T 51 100 – 100 – 100 – 100 – Solubility in trichloroethylene, % T 44 99.0 – 99.0 – 99.0 – 99.0 – Spot test Tex-509-C Neg. Neg. Neg. Neg.

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Table 6 Special-Use Cutback Asphalt Property Type–Grade Test MC-2400L SCM I SCM II Procedure Min Max Min Max Min Max Kinematic viscosity, 140°F, cSt T 201 2,400 4,800 500 1,000 1,000 2,000 Water, % D95 – 0.2 – 0.2 – 0.2 Flash point, T.O.C., °F T 79 150 – 175 – 175 – Distillation test: T 78 Distillate, percentage by volume of total distillate to 680°F to 437°F – – – – – – to 500°F – 35 – 0.5 – 0.5 to 600°F 35 80 20 60 15 50 Residue from distillation, volume % 78 – 76 – 82 – Tests on distillation residue: Polymer SBR – – Polymer content, % (solids basis) Tex-533-C 2.0 – – – – – Penetration, 100 g, 5 sec., 77°F T 49 150 300 180 – 180 – Ductility, 5 cm/min., 39.2°F, cm T 51 50 – – – – – Solubility in trichloroethylene, % T 44 99.0 – 99.0 – 99.0 –

2.4. Emulsified Asphalt. Provide emulsified asphalt that is homogeneous, does not separate after thorough mixing, and meets the requirements for the specified type and grade in Tables 7, 8, 9, and 10.

Table 7 Emulsified Asphalt Type–Grade Test Rapid-Setting Medium-Setting Slow-Setting Property Procedure HFRS-2 MS-2 AES-300 SS-1 SS-1H Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol T 72 77°F, sec. – – – – 75 400 20 100 20 100 122°F, sec. 150 400 100 300 – – – – – – Sieve test, % T 59 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 Miscibility T 59 – – – Pass Pass Cement mixing, % T 59 – – – – – – – 2.0 – 2.0 Coating ability and water T 59 resistance: Dry aggregate/after spray – – Good/Fair – – Wet aggregate/after – – Fair/Fair – – spray Demulsibility, 35 mL of T 59 50 – – 30 – – – – – – 0.02 N CaCl2, % Storage stability, 1 day, % T 59 – 1 – 1 – 1 – 1 – 1 Freezing test, 3 cycles1 T 59 – Pass – Pass Pass Distillation test: T 59 Residue by distillation, % 65 – 65 – 65 – 60 – 60 – by wt. Oil distillate, % by volume – 0.5 – 0.5 – 5 – 0.5 – 0.5 of emulsion Tests on residue from

distillation: Penetration, 77°F, 100 g, T 49 100 140 120 160 300 – 120 160 70 100 5 sec. Solubility in T 44 97.5 – 97.5 97.5 – 97.5 – 97.5 – trichloroethylene, % Ductility, 77°F, T 51 100 – 100 – – 100 – 80 – 5 cm/min., cm Float test, 140°F, sec. T 50 1,200 – – 1,200 – – – – – 1. Applies only when the Engineer designates material for winter use. 4

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Table 8 Cationic Emulsified Asphalt Type–Grade Test Rapid-Setting Medium-Setting Slow-Setting Property Procedure CRS-2 CRS-2H CMS-2 CMS-2S CSS-1 CSS-1H Min Max Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol 77°F, sec. T 72 – – – – – – – – 20 100 20 100 122°F, sec. 150 400 150 400 100 300 100 300 – – – – Sieve test, % T 59 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 Cement mixing, % T 59 – – – – – – – – – 2.0 – 2.0 Coating ability and water resistance: Dry aggregate/after spray T 59 – – Good/Fair Good/Fair – – Wet aggregate/after spray – – Fair/Fair Fair/Fair – – Demulsibility, 35 mL of 0.8% T 59 70 – 70 – – – – – – – – – Sodium dioctyl sulfosuccinate, % Storage stability, 1 day, % T 59 – 1 – 1 – 1 – 1 – 1 – 1 Particle charge T 59 Positive Positive Positive Positive Positive Positive Distillation test: Residue by distillation, % by wt. 65 – 65 – 65 – 65 – 60 – 60 – T 59 Oil distillate, % by volume of – 0.5 – 0.5 – 7 – 5 – 0.5 – 0.5 emulsion Tests on residue from distillation: Penetration, 77°F, 100 g, 5 sec. T 49 120 160 70 110 120 200 300 – 120 160 70 110 Solubility in trichloroethylene, % T 44 97.5 – 97.5 – 97.5 – 97.5 – 97.5 – 97.5 – Ductility, 77°F, 5 cm/min., cm T 51 100 – 80 – 100 – – – 100 – 80 –

Table 9 Polymer-Modified Emulsified Asphalt Type–Grade Test Rapid-Setting Medium-Setting Slow-Setting Property Procedure RS-1P HFRS-2P AES-150P AES-300P AES-300S SS-1P Min Max Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol T 72 77°F, sec. – – – – 75 400 75 400 75 400 30 100 122°F, sec. 50 200 150 400 – – – – – – – – Sieve test, % T 59 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 Miscibility T 59 – – – – – Pass Coating ability and water resistance: T 59 Dry aggregate/after spray – – Good/Fair Good/Fair Good/Fair – Wet aggregate/after spray – – Fair/Fair Fair/Fair Fair/Fair – Demulsibility, 35 mL of 0.02 N CaCl2, % T 59 60 – 50 – – – – – – – – – Storage stability, 1 day, % T 59 – 1 – 1 – 1 – 1 – 1 – 1 Breaking index, g Tex-542-C – 80 – – – – – – – – – – Distillation test:1 T 59 Residue by distillation, % by wt. 65 – 65 – 65 – 65 – 65 – 60 – Oil distillate, % by volume of – 3 – 0.5 – 3 – 5 – 7 – 0.5 emulsion Tests on residue from distillation: Polymer content, wt. % (solids basis) Tex-533-C – – 3.0 – – – – – – – 3.0 – Penetration, 77°F, 100 g, 5 sec. T 49 225 300 90 140 150 300 300 – 300 – 100 140 Solubility in trichloroethylene, % T 44 97.0 – 97.0 – 97.0 – 97.0 – 97.0 – 97.0 – Viscosity, 140°F, poise T 202 – – 1,500 – – – – – – – 1,300 – Float test, 140°F, sec. T 50 – – 1,200 – 1,200 – 1,200 – 1,200 – – – Ductility,2 39.2°F, 5 cm/min., cm T 51 – – 50 – – – – – – – 50 – Elastic recovery,2 50°F, % Tex-539-C 55 – 55 – – – – – – – – – Tests on RTFO curing of distillation residue Tex-541-C Elastic recovery, 50°F, % Tex-539-C – – – – 50 – 50 – 30 – – –

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Property Test Type–Grade 1. Exception to T 59: Bring the temperatureProcedure on the lower thermometer slowly to 350°F ±10°F. Maintain at this temperature for 20 min. Complete total distillation in 60 min. (±5 min.) from the first application of heat. 2. HFRS-2P must meet one of either the ductility or elastic recovery requirements. Table 10 Polymer-Modified Cationic Emulsified Asphalt Type-Grade Test Rapid-Setting Medium-Setting Slow-Setting Property Procedure CRS-1P CRS-2P CHFRS-2P CMS-1P3 CMS-2P3 CSS-1P Min Max Min Max Min Max Min Max Min Max Min Max Viscosity, Saybolt Furol T 72 77°F, sec. – – – – – – 20 100 – – 20 100 122°F, sec. 50 150 150 400 100 400 – – 50 400 – – Sieve test, % T 59 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 – 0.1 Demulsibility, 35 mL of 0.8% Sodium T 59 60 – 70 – 60 – – – – – – – dioctyl sulfosuccinate, % Storage stability, 1 day, % T 59 – 1 – 1 – 1 – – – – – 1 Breaking index, g Tex-542-C – 80 – – – – – – – – – – Particle charge T 59 Positive Positive Positive Positive Positive Positive Distillation test:1 T 59 Residue by distillation, % by weight 65 – 65 – 65 – 65 – 65 – 62 – Oil distillate, % by volume of emulsion – 3 – 0.5 – 0.5 – 0.5 – 0.5 – 0.5 Tests on residue from distillation: Polymer content, wt. % (solids – – 3.0 – 3.0 – – – – – 3.0 – Tex-533-C basis) Penetration, 77°F, 100 g, 5 sec. T 49 225 300 90 150 80 130 40 – 40 – 55 90 Viscosity, 140°F, poise T 202 – – 1,300 – 1,300 – – 5,000 – 5,000 – – Solubility in trichloroethylene, % T 44 97.0 – 97.0 – 95.0 – – – – – 97.0 – Softening point, °F T 53 – – – – 130 – – – – – 135 – Ductility, 77°F, 5 cm/min., cm T 51 – – – – – – – – – – 70 – Float test, 140°F, sec. T 50 – – – – 1,800 – – – – – Ductility,2 39.2°F, 5 cm/min., cm T 51 – – 50 – – – – – – – – – Elastic recovery,2 50°F, % Tex-539-C 45 – 55 – 55 – 45 – 45 – – – Tests on rejuvenating agent: Viscosity, 140°F, cSt T 201 – – – – – – 50 175 50 175 – – Flash point, C.O.C., °F T 48 – – – – – – 380 – 380 – – – Saturates, % by weight D2007 – – – – – – – 30 – 30 – – Solubility in n-pentane, % by weight D2007 – – – – – – 99 – 99 – – – Tests on rejuvenating agent after TFO or T 240 or RTFO: T 179 Weight Change, % – – – – – – – 6.5 – 6.5 – – Viscosity Ratio – – – – – – – 3.0 – 3.0 – – Tests on latex:4 Tensile strength, die C dumbbell, – – – – – – 500 – 500 – – – D4125 psi Change in mass after immersion in D471 – – – – – – – 406 – 406 – – rejuvenating agent, % 1. Exception to T 59: Bring the temperature on the lower thermometer slowly to 350°F (±0°F). Maintain at this temperature for 20 min. Complete total distillation in 60 min. (±5 min.) from the first application of heat. 2. CRS-2P must meet one of either the ductility or elastic recovery requirements. 3. With all precertification samples of CMS-1P or CMS-2P, submit certified test reports showing that the rejuvenating agent and latex meet the stated requirements. Submit samples of these raw materials if requested by the Engineer. 4. Preparation of latex films: Use any substrate which produces a film of uniform cross-section. Apply latex using a drawdown tool that will deliver enough material to achieve desired residual thickness. Cure films for 14 days at 75°F and 50% relative humidity. 5. Cut samples for tensile strength determination using a crosshead speed of 20 in./min. 6. Specimen must remain intact after exposure and removal of excess rejuvenating agent.

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2.5. Specialty Emulsions. Provide specialty emulsion that is either asphalt-based or resin-based and meets the requirements of Table 11. Table 11 Specialty Emulsions Type–Grade Test Medium-Setting Slow-Setting Property Procedure AE–P EAP&T PCE1 Min Max Min Max Min Max Viscosity, Saybolt Furol T 72 77°F, sec. – – – – 10 100 122°F, sec. 15 150 – – – – Sieve test, % T 59 – 0.1 – 0.1 – 0.1 Miscibility2 T 59 – Pass Pass Demulsibility, 35 mL of 0.10 N CaCl2, % T 59 – 70 – – – – Storage stability, 1 day, % T 59 – 1 – 1 – – Particle size,5 % by volume < 2.5 m Tex-238-F3 – – 90 – 90 – Asphalt emulsion distillation to 500°F followed by Cutback asphalt distillation of T 59 & T 78 residue to 680°F: Residue after both distillations, % by wt. 40 – – – – – Total oil distillate from both distillations, % 25 40 – – – – by volume of emulsion Residue by distillation, % by wt. T 59 – – 60 – – – Residue by evaporation,4 % by wt. T 59 – – – – 60 – Tests on residue after all distillation(s): Viscosity, 140°F, poise T 202 – – 800 – – – Kinematic viscosity,5 140°F, cSt T 201 – – – – 100 350 Flash point C.O.C., °F T 48 – – – – 400 – Solubility in trichloroethylene, % T 44 97.5 – – – – – Float test, 122°F, sec. T 50 50 200 – – – – 1. Supply with each shipment of PCE:  a copy of a lab report from an approved analytical lab, signed by a lab official, indicating the PCE formulation does not meet any characteristics of a Resource Conservation Recovery Act (RCRA) hazardous waste;  a certification from the producer that the formulation supplied does not differ from the one tested and that no listed RCRA hazardous wastes or Polychlorinated Biphenyls (PCBs) have been mixed with the product; and  a Safety Data Sheet. 2. Exception to T 59: In dilution, use 350 mL of distilled or deionized water and a 1,000-mL beaker. 3. Use Tex-238-F, beginning at “Particle Size Analysis by Laser Diffraction,” with distilled or deionized water as a medium and no dispersant, or use another approved method. 4. Exception to T 59: Leave sample in the oven until foaming ceases, then cool and weigh. 5. PCE must meet either the kinematic viscosity requirement or the particle size requirement.

2.6. Recycling Agent. Recycling agent and emulsified recycling agent must meet the requirements in Table 12. Additionally, recycling agent and residue from emulsified recycling agent, when added in the specified proportions to the recycled asphalt, must meet the properties specified on the plans.

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Table 12 Recycling Agent and Emulsified Recycling Agent Emulsified Recycling Test Recycling Agent Property Agent Procedure Min Max Min Max Viscosity, Saybolt Furol, 77°F, sec. T 72 – – 15 100 Sieve test, % T 59 – – – 0.1 Miscibility1 T 59 – No coagulation Residue by evaporation,2 % by wt. T 59 – – 60 – Tests on recycling agent or residue from evaporation: Flash point, C.O.C., °F T 48 400 – 400 – Kinematic viscosity, T 201 140°F, cSt 75 200 75 200 275°F, cSt – 10.0 – 10.0 2. Exception to T 59: Use 0.02 N CaCl2 solution in place of water. 3. Exception to T 59: Maintain sample at 300°F until foaming ceases, then cool and weigh.

2.7. Crumb Rubber Modifier. Crumb rubber modifier (CRM) consists of automobile and truck tires processed by ambient temperature grinding.

CRM must be:  free from contaminants including fabric, metal, and mineral and other nonrubber substances;  free-flowing; and  nonfoaming when added to hot asphalt binder.

Ensure rubber gradation meets the requirements of the grades in Table 13 when tested in accordance with Tex-200-F, Part I, using a 50-g sample. Table 13 CRM Gradations Sieve Size Grade A Grade B Grade C Grade D Grade E (% Passing) Min Max Min Max Min Max #8 100 – – – – – #10 95 100 100 – – – #16 – – 70 100 100 – As shown on As #30 – – 25 60 90 100 the plans approved #40 – – – – 45 100 #50 0 10 – – – – #200 – – 0 5 – –

2.8. Crack Sealer. Provide polymer-modified asphalt-emulsion crack sealer meeting the requirements of Table 14. Provide rubber-asphalt crack sealer meeting the requirements of Table 15. Table 14 Polymer-Modified Asphalt-Emulsion Crack Sealer Property Test Procedure Min Max Rotational viscosity, 77°F, cP D 2196, Method A 10,000 25,000 Sieve test, % T 59 – 0.1 Storage stability, 1 day, % T 59 – 1 Evaporation Tex-543-C Residue by evaporation, % by wt. 65 – Tests on residue from evaporation: Penetration, 77°F, 100 g, 5 sec. T 49 35 75 Softening point, °F T 53 140 – Ductility, 39.2°F, 5 cm/min., cm T 51 100 –

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Table 15 Rubber-Asphalt Crack Sealer Class A Class B Property Test Procedure Min Max Min Max CRM content, Grade A or B, % by wt. Tex-544-C 22 26 – – CRM content, Grade B, % by wt. Tex-544-C – – 13 17 Virgin rubber content,1 % by wt. – – 2 – Flash point,2 C.O.C., °F T 48 400 – 400 – Penetration,3 77°F, 150 g, 5 sec. T 49 30 50 30 50 Penetration,3 32°F, 200 g, 60 sec. T 49 12 – 12 – Softening point, °F T 53 – – 170 – Bond Test, non-immersed, 0.5 in specimen, 50% extension, 20°F4 D5329 – Pass 1. Provide certification that the Min % virgin rubber was added. 2. Agitate the sealing compound with a 3/8- to 1/2-in. (9.5- to 12.7-mm) wide, square-end metal spatula to bring the material on the bottom of the cup to the surface (i.e., turn the material over) before passing the test flame over the cup. Start at one side of the thermometer, move around to the other, and then return to the starting point using 8 to 10 rapid circular strokes. Accomplish agitation in 3 to 4 sec. Pass the test flame over the cup immediately after stirring is completed. 3. Exception to T 49: Substitute the cone specified in D 217 for the penetration needle. 4. Allow no crack in the crack sealing materials or break in the bond between the sealer and the mortar blocks over 1/4 in. deep for any specimen after completion of the test.

2.9. Asphalt-Rubber Binders. Provide asphalt-rubber (A-R) binders that are mixtures of asphalt binder and CRM, which have been reacted at elevated temperatures. Provide A-R binders meeting D6114 and containing a minimum of 15% CRM by weight. Provide Types I or II, containing CRM Grade C, for use in hot- mixed aggregate mixtures. Provide Types II or III, containing CRM Grade B, for use in surface treatment binder. Ensure binder properties meet the requirements of Table 16. Table 16 A-R Binders Binder Type Test Property Type I Type II Type III Procedure Min Max Min Max Min Max D2196, Apparent viscosity, 347°F, cP 1,500 5,000 1,500 5,000 1,500 5,000 Method A Penetration, 77°F, 100 g, 5 sec. T 49 25 75 25 75 50 100 Penetration, 39.2°F, 200 g, 60 sec. T 49 10 – 15 – 25 – Softening point, °F T 53 135 – 130 – 125 – Resilience, 77°F, % D5329 25 – 20 – 10 – Flash point, C.O.C., °F T 48 450 – 450 – 450 – Tests on residue from Thin-Film Oven T 179 Test: Retained penetration ratio, 39.2°F, T 49 75 – 75 – 75 – 200 g, 60 sec., % of original

2.10. Performance-Graded Binders. Provide PG binders that are smooth and homogeneous, show no separation when tested in accordance with Tex-540-C, and meet the requirements of Table 17.

Separation testing is not required if:  a modifier is introduced separately at the mix plant either by injection in the asphalt line or mixer,  the binder is blended on site in continuously agitated tanks, or  binder acceptance is based on field samples taken from an in-line sampling port at the hot-mix plant after the addition of modifiers.

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Table 17 Performance-Graded Binders Performance Grade Property and Test Method PG 58 PG 64 PG 70 PG 76 PG 82 -22 -28 -34 -16 -22 -28 -34 -16 -22 -28 -34 -16 -22 -28 -34 -16 -22 -28 Average 7-day max pavement design < 58 < 64 < 70 < 76 < 82 temperature, °C1 Min pavement design temperature, °C1 >-22 >-28 >-34 >-16 >-22 >-28 >-34 >-16 >-22 >-28 >-34 >-16 >-22 >-28 >-34 >-16 >-22 >-28 Original Binder Flash point, T 48, Min, °C 230 Viscosity, T 316:2,3 Max, 3.0 Pas, test temperature, °C 135 Dynamic shear, T 315:4 G*/sin(), Min, 1.00 kPa, Max, 2.00 58 64 70 76 82 kPa,7 Test temperature @ 10 rad/sec., °C Elastic recovery, D 6084, 50°F, % Min – – 30 – – 30 50 – 30 50 60 30 50 60 70 50 60 70 Rolling Thin-Film Oven (Tex-541-C) Mass loss, Tex-541-C, Max, % 1.0 Dynamic shear, T 315: G*/sin(, Min, 2.20 kPa, Max, 5.00 58 64 70 76 82 kPa,7 Test temperature @ 10 rad/sec., °C Pressure Aging Vessel (PAV) Residue (R 28) PAV aging temperature, °C 100 Dynamic shear, T 315: G*sin(, Max, 5,000 kPa 25 22 19 28 25 22 19 28 25 22 19 28 25 22 19 28 25 22 Test temperature @ 10 rad/sec., °C Creep stiffness, T 313:5,6 S, max, 300 MPa, -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 m-value, Min, 0.300 Test temperature @ 60 sec., °C Direct tension, T 314:6 Failure strain, Min, 1.0% -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 Test temperature @ 1.0 mm/min., °C 1. Pavement temperatures are estimated from air temperatures using an algorithm contained in a Department-supplied computer program, may be provided by the Department, or by following the procedures outlined in AASHTO MP 2 and PP 28. 2. This requirement may be waived at the Department’s discretion if the supplier warrants that the asphalt binder can be adequately pumped, mixed, and compacted at temperatures that meet all applicable safety, environmental, and constructability requirements. At test temperatures where the binder is a Newtonian fluid, any suitable standard means of viscosity measurement may be used, including capillary (T 201 or T 202) or rotational viscometry (T 316). 3. Viscosity at 135°C is an indicator of mixing and compaction temperatures that can be expected in the lab and field. High values may indicate high mixing and compaction temperatures. Additionally, significant variation can occur from batch to batch. Contractors should be aware that variation could significantly impact their mixing and compaction operations. Contractors are therefore responsible for addressing any constructability issues that may arise. 4. For quality control of unmodified asphalt binder production, measurement of the viscosity of the original asphalt binder may be substituted for dynamic shear measurements of G*/sin() at test temperatures where the asphalt is a Newtonian fluid. Any suitable standard means of viscosity measurement may be used, including capillary (T 201 or T 202) or rotational viscometry (T 316). 5. Silicone beam molds, as described in AASHTO TP 1-93, are acceptable for use. 6. If creep stiffness is below 300 MPa, direct tension test is not required. If creep stiffness is between 300 and 600 MPa, the direct tension failure strain requirement can be used instead of the creep stiffness requirement. The m-value requirement must be satisfied in both cases. 7. Maximum values for unaged and RTFO aged dynamic shear apply only to materials used as substitute binders, as described in specification Items 340, “Dense-Graded Hot-Mix Asphalt (Small Quantity),” 341, “Dense-Graded Hot-Mix Asphalt,” and 344, “Superpave Mixtures.”

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3. EQUIPMENT

Provide all equipment necessary to transport, store, sample, heat, apply, and incorporate asphalts, oils, and emulsions.

4. CONSTRUCTION

Typical Material Use. Use materials shown in Table 18, unless otherwise determined by the Engineer. Table 18 Typical Material Use Material Application Typically Used Materials Hot-mixed, hot-laid asphalt mixtures PG binders, A-R binders Types I and II AC-5, AC-10, AC-5 w/2% SBR, AC-10 w/2% SBR, AC-15P, AC-20XP, AC- Surface treatment 10-2TR, AC-20-5TR, HFRS-2, MS-2, CRS-2, CRS-2H, HFRS-2P,CRS-2P, CHFRS-2P, A-R binders Types II and III RS-1P, CRS-1P, RC-250, RC-800, RC-3000, MC-250, MC-800, MC-3000, Surface treatment (cool weather) MC-2400L Precoating AC-5, AC-10, PG 64-22, SS-1, SS-1H, CSS-1, CSS-1H Tack coat PG Binders, SS-1H, CSS-1H, EAP&T Fog seal SS-1, SS-1H, CSS-1, CSS-1H Hot-mixed, cold-laid asphalt mixtures AC-0.6, AC-1.5, AC-3, AES-300, AES-300P, CMS-2, CMS-2S Patching mix MC-800, SCM I, SCM II, AES-300S AC-0.6, AC-1.5, AC-3, AES-150P, AES-300P, recycling agent, emulsified Recycling recycling agent SS-1P, polymer mod AE crack sealant, rubber asphalt crack sealers Crack sealing (Class A, Class B) Microsurfacing CSS-1P Prime MC-30, AE-P, EAP&T, PCE Curing membrane SS-1, SS-1H, CSS-1, CSS-1H, PCE Erosion control SS-1, SS-1H, CSS-1, CSS-1H, PCE

4.1. Storage and Application Temperatures. Use storage and application temperatures in accordance with Table 19. Store and apply materials at the lowest temperature yielding satisfactory results. Follow the manufacturer’s instructions for any agitation requirements in storage. Manufacturer’s instructions regarding recommended application and storage temperatures supersede those of Table 19.

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Table 19 Storage and Application Temperatures Application Storage Type–Grade Recommended Range Maximum Allowable Maximum (°F) (°F) (°F) AC-0.6, AC-1.5, AC-3 200–300 350 350 AC-5, AC-10 275–350 350 350 AC-5 w/2% SBR, AC-10 w/2% SBR, AC-15P, AC-20-5TR 300–375 375 360 RC-250 125–180 200 200 RC-800 170–230 260 260 RC-3000 215–275 285 285 MC-30, AE-P 70–150 175 175 MC-250 125–210 240 240 MC-800, SCM I, SCM II 175–260 275 275 MC-3000, MC-2400L 225–275 290 290 HFRS-2, MS-2, CRS-2, CRS-2H, HFRS-2P, CRS-2P, CMS-2, CMS-2S, AES-300, AES-300S, AES-150P, 120–160 180 180 AES-300P SS-1, SS-1H, CSS-1, CSS-1H, PCE, EAP&T, SS-1P, RS-1P, CRS-1P, CSS-1P, recycling agent, emulsified 50–130 140 140 recycling agent, polymer mod AE crack sealant PG binders 275–350 350 350 Rubber asphalt crack sealers (Class A, Class B) 350–375 400 – A-R binders Types I, II, and III 325–425 425 425

5. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but is subsidiary or is included in payment for other pertinent Items.

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Item 301 Asphalt Antistripping Agents

1. DESCRIPTION

Furnish and incorporate all required asphalt antistripping agents in asphalt concrete paving mixtures and asphalt-stabilized base mixtures to meet moisture resistance testing requirements.

2. MATERIALS

2.1. Lime. Provide hydrated lime or commercial lime slurry in accordance with DMS-6350, “Lime and Lime Slurry.”

2.2. Liquid Antistripping Agent. Provide a liquid antistripping agent that is uniform and shows no evidence of crystallization, settling, or separation.

Ensure all liquid antistripping agents arrive in:  properly labeled and unopened containers, as shipped from the manufacturer, or  sealed tank trucks with an invoice to show contents and quantities.

Provide product information to the Engineer including:  material safety data sheet,  specific gravity of the agent at the manufacturer’s recommended addition temperature,  manufacturer’s recommended dosage range, and  handling and storage instructions.

3. EQUIPMENT

Provide all equipment to store, handle, dispense, meter, and mix asphalt antistripping agents.

4. CONSTRUCTION

4.1. Laboratory Design Evaluation and Production Mixture Verification. Provide a laboratory mixture design and production mixture that meet moisture resistance requirements. Evaluate proposed asphalt pavement or base mixtures during design and production according to the moisture resistance requirements in the asphalt mixture specification.

Governing specifications require the Contractor or Engineer to design the mixture, and the party performing the design is responsible for the moisture susceptibility evaluation. If the Contractor designs the mixture, the Engineer verifies compliance.

Determine the dosage needed to achieve the moisture resistance requirements during design if an antistripping agent is required. Use this addition rate in the production mixture.

Add between 0.5% and 2.0% of hydrated lime or commercial lime slurry solids by weight of the individual aggregate treated when using lime.

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Add liquid antistripping agent, when used, to the binder, in accordance with the manufacturer’s instructions. Do not exceed the manufacturer’s maximum recommended dosage rate.

Stop production if the production mixture does not meet moisture resistance requirements and correct the problem.

4.2. Addition of Antistripping Agents at the Mix Plant. Connect the measuring device for the addition of the asphalt antistripping agent into the automatic plant controls to automatically adjust the supply to plant production and provide a consistent percentage in the mixture. Set automatic plant controls so that an interruption of asphalt antistripping agent’s flow causes plant shutdown.

4.2.1. Lime. Incorporate lime in a manner that thoroughly and uniformly distributes lime onto the aggregate surface or into the mixture. Use metering equipment, as approved, to ensure the required quantity of lime is used.

4.2.1.1. Hydrated Lime. Add hydrated lime to the aggregate by one of the following methods, unless otherwise shown on the plans:  Mix in an approved pug mill mixer with damp aggregate containing water at least 2% above saturated surface dry conditions.  Add into the drum-mix plant immediately before asphalt binder addition or in the pug mill of the weigh- batch plant before asphalt binder addition. Dry mix aggregates and lime before adding asphalt binder when a weigh batch plant is used.

4.2.1.2. Commercial Lime Slurry. Add commercial lime slurry to the aggregate by one of the following methods unless otherwise shown on the plans:  Mix in a suitable pug mill mixer with the aggregate.  Mix with aggregate between the plant cold feeds and the dryer or mixing drum during mixture production.

4.2.2. Liquid Antistripping Agent. Incorporate liquid antistripping agent into the binder as follows:  Handle in accordance with the manufacturer’s recommendations.  Add at the manufacturer’s recommended addition temperature.  Add into the asphalt line by means of an in-line-metering device, in accordance with Item 520, “Weighing and Measuring Equipment,” and a blending device to disperse the agent.  Place the metering and blending devices in an approved location.

5. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but is subsidiary or is included in payment quantity for other pertinent Items.

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Item 305 Salvaging, Hauling, and Stockpiling Reclaimable Asphalt Pavement

1. DESCRIPTION

Salvage, haul, and stockpile existing asphalt material.

2. CONSTRUCTION

Remove dirt, raised pavement markings, and other debris, as directed. Remove the reclaimable asphalt material as shown on the plans or as directed. Ensure that 95% of the reclaimed material passes a 2 in. sieve unless otherwise shown on the plans. Do not contaminate asphalt material during its removal, transportation, or storage. Repair remaining pavement that is damaged by the removal operations.

Provide a clean, smooth, and well-drained stockpile area free of trash, weeds, and grass. Separate different types or quality of asphalt material into different stockpiles as directed. Stockpile material as shown on the plans or as directed.

The Department retains ownership of the reclaimed asphalt material unless otherwise shown on the plans. The plans or the Engineer may allow or require the use of salvaged material for other items in the Contract. Stockpile the salvaged material at the location shown on the plans or as directed if not used in other construction items of this Contract.

3. MEASUREMENT

This Item will be measured by the cubic yard of material calculated by the average end area method in the stockpile, or the square yard in its original position.

4. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Salvaging, Hauling, and Stockpiling Reclaimable Asphalt Pavement” for cubic yard measurement, and for “Salvaging, Hauling, and Stockpiling Reclaimable Asphalt Pavement (Depth Specified)” for square yard measurement. This price is full compensation for cleaning and removing existing pavement; stockpile area preparation; loading, crushing or breaking, hauling, and stockpiling material; and material, equipment, labor, tools, supplies, and incidentals.

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Item 310 Prime Coat

1. DESCRIPTION

Prepare and treat existing or newly constructed surface with an asphalt binder or other specialty prime coat binder material. Apply blotter material as required.

2. MATERIALS

2.1. Binder. Use material of the type and grade shown on the plans in accordance with Item 300, “Asphalts, Oils, and Emulsions,” or as listed in the Department’s MPL for prime coat binders.

2.2. Blotter. Use either base course sweepings obtained from cleaning the base or native sand as blotter materials unless otherwise shown on the plans or approved.

3. EQUIPMENT

Provide applicable equipment in accordance with Article 316.3., “Equipment.”

4. CONSTRUCTION

4.1. General. Apply the mixture when the air temperature is at or above 60°F, or above 50°F and rising. Measure the air temperature in the shade away from artificial heat. The Engineer will determine when weather conditions are suitable for application.

Do not permit traffic, hauling, or placement of subsequent courses over freshly constructed prime coats. Maintain the primed surface until placement of subsequent courses or acceptance of the work.

4.2. Surface Preparation. Prepare the surface by sweeping or other approved methods. Lightly sprinkle the surface with water before applying bituminous material, when directed, to control dust and ensure absorption.

4.3. Application.

4.3.1. Binder. The Engineer will select the application temperature within the limits recommended in Item 300, “Asphalts, Oils, and Emulsions,” or by the material manufacturer. Apply material within 15°F of the selected temperature but do not exceed the maximum allowable temperature.

Distribute the material smoothly and evenly at the rate selected by the Engineer. Roll the freshly applied prime coat with a pneumatic-tire roller to ensure penetration when directed.

4.3.2. Blotter. Spread blotter material before allowing traffic to use a primed surface. Apply blotter material to primed surface at the specified rate when “Prime Coat and Blotter” is shown on the plans as a bid item or as directed. Apply blotter to spot locations when “Prime Coat” is shown on the plans as a bid item or as directed to accommodate traffic movement through the work area. Remove blotter material before placing the surface. Dispose of blotter material according to applicable state and federal requirements.

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5. MEASUREMENT

This Item will be measured by the gallon of binder placed and accepted.

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Prime Coat” or “Prime Coat and Blotter” of the type and grade of binder specified. This price is full compensation for cleaning and sprinkling the area to be primed; materials, including blotter material; and rolling, equipment, labor, tools, and incidentals.

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Item 316 Seal Coat

1. DESCRIPTION

Construct a surface treatment consisting of one or more applications of a single layer of asphalt material covered with a single layer of aggregate.

2. MATERIALS

Furnish materials of the type and grade shown on the plans in accordance with the following:

2.1. Asphalt. Furnish asphalt materials meeting the requirements of Item 300, “Asphalts, Oils, and Emulsions.”

Furnish Type II or Type III A-R binder in accordance with Section 300.2.9., “Asphalt-Rubber Binders,” as shown on the plans. Furnish a blend design for approval. Include in the design, at a minimum, the following:  manufacturer and grade of asphalt cement;  manufacturer and grade of crumb rubber;  manufacturer, type, and percentage of extender oil, if used;  test report on crumb rubber gradation in accordance with Tex-200-F, Part I;  design percentage of crumb rubber versus asphalt content;  blending temperature; and  test results on the properties at reaction times of 60, 90, 240, 360, and 1,440 min. in accordance with Section 300.2.9., “Asphalt-Rubber Binders.”

Furnish a new asphalt-rubber blend design if the grade or source for any of the components changes.

If a tack coat is specified when using asphalt-rubber, unless otherwise shown on the plans or approved, furnish CSS-1H, SS-1H, or a performance grade (PG) binder with a minimum high temperature grade of PG 58 for tack coat binder. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use. If required, verify that emulsified asphalt proposed for use meets the minimum residual asphalt percentage specified in Item 300, “Asphalts, Oils, and Emulsions.”

2.2. Aggregate. Furnish aggregate meeting Item 302, “Aggregates for Surface Treatments,” of the type and grade shown on the plans. Unless otherwise shown on the plans, furnish aggregate with a minimum B Surface Aggregate Classification.

2.3. Materials Selections. Furnish asphalt and aggregate shown on the plans.

3. EQUIPMENT

3.1. Distributor. Furnish a distributor that will apply the asphalt material uniformly at the specified rate or as directed.

3.1.1. Transverse Variable Rate. When a transverse variable rate is shown on the plans, ensure that the nozzles outside the wheel paths will output a predetermined percentage more asphalt material by volume than the nozzles over the wheel paths. Use a dual spray bar distributor as desired to provide for a transverse variable rate. 1

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3.1.2. Agitation for Asphalt-Rubber. If using asphalt-rubber, furnish a distributor capable of keeping the rubber in uniform suspension and adequately mixing the asphalt, rubber, and any additional additives.

3.1.3. Calibration.

3.1.3.1. Transverse Distribution. Furnish a distributor test report, less than 1 yr. old, when tested in accordance with Tex-922-K, Part III. The Department reserves the right to witness the calibration testing. Notify the Engineer 3 days before calibration testing.

Include the following documentation on the test report:  the serial number of the distributor,  a method that identifies the actual nozzle set used in the test, and  the fan width of the nozzle set at a 12-in. bar height.

When a transverse variable rate is required, and a single spray bar is to be used, perform the test using the type and grade of asphalt material to be used on the project. The Engineer may verify the transverse rate and distribution at any time. If verification does not meet the requirements, correct deficiencies and furnish a new test report.

3.1.3.2. Tank Volume. Furnish a volumetric calibration and strap stick for the distributor tank in accordance with Tex-922-K, Part I.

Provide documentation of distributor calibration performed not more than 5 yr. before the date first used on the project. The Engineer may verify calibration accuracy in accordance with Tex-922-K, Part II.

3.1.4. Computerized Distributor. When paying for asphalt material by weight, the Engineer may allow use of the computerized distributor display to verify application rates. Verify application rate accuracy at a frequency acceptable to the Engineer.

3.2. Aggregate Spreader. Use a continuous-feed, self-propelled spreader to apply aggregate uniformly at the specified rate or as directed. If racked in aggregate is specified on the plans, furnish a second aggregate spreader for the racked in aggregate to apply aggregate uniformly at the specified rate.

3.3. Rollers. Unless otherwise shown on the plans, furnish light pneumatic-tire rollers in accordance with Item 210, “Rolling.”

3.4. Broom. Furnish rotary, self-propelled brooms.

3.5. Asphalt Storage and Handling Equipment. When the plans or the Engineer allows storage tanks, furnish a thermometer in each tank to indicate the asphalt temperature continuously. Keep equipment clean and free of leaks. Keep asphalt material free of contamination.

3.6. Aggregate Haul Trucks. Unless otherwise approved, use trucks of uniform capacity to deliver the aggregate. Provide documentation showing measurements and calculation in cubic yards. Clearly mark the calibrated level. Truck size may be limited when shown on the plans.

3.7. Digital Distance Measuring Instrument. Furnish a vehicle with a calibrated digital distance measuring instrument accurate to ±6 ft. per mile.

4. CONSTRUCTION

4.1. General. Comply with the seal coat season as shown on the plans. Asphalt and aggregate rates shown on the plans are for estimating purposes only. Adjust the rates for existing conditions as directed. 2

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4.2. Temporary Aggregate Stockpiles. The Engineer will approve the location of temporary aggregate stockpiles on the right of way before delivery. Place stockpiles in a manner that will not:  obstruct traffic or sight distance,  interfere with the access from abutting property, or  interfere with roadway drainage.

Locate stockpiles a minimum of 30 ft. from roadway when possible. Sign and barricade as shown on the plans.

4.3. Aggregate Furnished by the Department. When shown on the plans, the Department will furnish aggregate to the Contractor without cost. Stockpile locations are shown on the plans.

4.4. Adverse Weather Conditions. Do not place surface treatments when, in the Engineer’s opinion, general weather conditions are unsuitable. Meet the requirements for air and surface temperature shown below.

4.4.1. Standard Temperature Limitations. Apply seal coat when air temperature is above 50°F and rising. Do not apply seal coat when air temperature is 60°F and falling. In all cases, do not apply seal coat when surface temperature is below 60°F.

4.4.2. Polymer-Modified Asphalt Cement Temperature Limitations. When using materials described in Section 300.2.2., “Polymer Modified Asphalt Cement,” apply seal coat when air temperature is above 70°F and rising. Do not apply seal coat when air temperature is 80°F and falling. In all cases, do not apply seal coat when surface temperature is below 70°F.

4.4.3. Asphalt-Rubber Temperature Limitations. Do not place hot asphalt-rubber seal coat when, in the Engineer’s opinion, general weather conditions are unsuitable. Apply seal coat when the air temperature is 80°F and above, or above 70°F and rising. In all cases, do not apply seal coat when surface temperature is below 70°F.

4.4.4. Cool Weather Night Air Temperature. The Engineer reserves the right to review the National Oceanic and Atmospheric Administration (NOAA) weather forecast and determine if the nightly air temperature is suitable for asphalt placement to prevent aggregate loss.

4.4.5. Cold Weather Application. When asphalt application is allowed outside of the above temperature restrictions, the Engineer will approve the binder grade and the air and surface temperatures for asphalt material application. Apply seal coat at air and surface temperatures as directed.

4.5. Mixing Hot A-R Binder. If using asphalt-rubber, mix in accordance with the approved blend design required in Section 316.2.1., “Asphalt.”

At the end of each shift, provide the Engineer with production documentation, which includes the following:  amount and temperature of asphalt cement before addition of rubber,  amount of rubber and any extender added,  viscosity of each hot A-R batch just before roadway placement, and  time of the rubber additions and viscosity tests.

4.6. Surface Preparation. Remove existing raised pavement markers. Repair any damage incurred by removal as directed. Remove dirt, dust, or other harmful material before sealing. When shown on the plans, remove vegetation and blade pavement edges. When directed, apply a tack coat before applying the hot asphalt- rubber treatment on an existing wearing surface in accordance with Section 340.2.5., “Tack Coat.”

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4.7. Rock Land and Shot.

4.7.1. Definitions.  A “rock land” is the area covered at the aggregate rate directed with 1 truckload of aggregate.  A “shot” is the area covered by 1 distributor load of asphalt material.

4.7.2. Setting Lengths. Calculate the lengths of both rock land and shot. Adjust shot length to be an even multiple of the rock land. Verify that the distributor has enough asphalt material to complete the entire shot length. Mark shot length before applying asphalt. When directed, mark length of each rock land to verify the aggregate rate.

4.8. Asphalt Placement.

4.8.1. General. The maximum shot width is the width of the current transverse distribution test required under Section 316.3.1.3.1., “Transverse Distribution,” or the width of the aggregate spreader box, whichever is less. Adjust the shot width so operations do not encroach on traffic or interfere with the traffic control plan, as directed. Use paper or other approved material at the beginning and end of each shot to construct a straight transverse joint and to prevent overlapping of the asphalt. Unless otherwise approved, match longitudinal joints with the lane lines. The Engineer may require a string line if necessary to keep joints straight with no overlapping. Use sufficient pressure to flare the nozzles fully.

Select an application temperature, as approved, in accordance with Item 300, “Asphalts, Oils, and Emulsions.” Uniformly apply the asphalt material at the rate directed, within 15°F of the approved temperature, and not above the maximum allowable temperature.

4.8.2. Limitations. Do not apply asphalt to the roadway until:  traffic control methods and devices are in place as shown on the plans or as directed,  the loaded aggregate spreader is in position and ready to begin,  haul trucks are loaded with enough aggregate to cover the shot area and are in place behind the spreader box, and  rollers are in place behind the haul trucks.

4.8.3. Nonuniform Application. Stop application if it is not uniform due to streaking, ridging, puddling, or flowing off the roadway surface. Verify equipment condition, operating procedures, application temperature, and material properties. Determine and correct the cause of nonuniform application. If the cause is high or low emulsion viscosity, replace emulsion with material that corrects the problem.

4.8.4. Test Strips. The Engineer may stop asphalt application and require construction of test strips at the Contractor’s expense if any of the following occurs:  nonuniformity of application continues after corrective action;  on 3 consecutive shots, application rate differs by more than 0.03 gal. per square yard from the rate directed; or  any shot differs by more than 0.05 gal. per square yard from the rate directed.

The Engineer will approve the test strip location. The Engineer may require additional test strips until surface treatment application meets specification requirements.

4.9. Aggregate Placement. As soon as possible, apply aggregate uniformly at the rate directed without causing the rock to roll over.

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4.9.1. Nonuniform Application. Stop application if it is not uniform in the transverse direction. Verify equipment condition, operating procedures, and transverse application rate. The transverse application rate should be within 1 lb. Determine and correct the cause of nonuniform application.

4.10. Rolling. Start rolling operation on each shot as soon as aggregate is applied. Use sufficient rollers to cover the entire mat width in 1 pass, i.e., 1 direction. Roll in a staggered pattern. Unless otherwise shown on the plans, make a minimum of:  5 passes; or  3 passes when the asphalt material is an emulsion.

If rollers are unable to keep up with the spreader box, stop application until rollers have caught up, or furnish additional rollers. Keep roller tires asphalt-free.

4.11. Patching. Before rolling, repair spots where coverage is incomplete. Repair can be made by hand spotting or other approved method. When necessary, apply additional asphalt material to embed aggregate.

4.12. Racked-in Aggregate. If specified on the plans, apply racked-in aggregate after patching, uniformly at the rate directed. The racked-in aggregate must be applied before opening the roadway or intersection to traffic.

4.13. Brooming. After rolling, sweep as soon as aggregate has sufficiently bonded to remove excess. In areas of racked-in aggregate, sweep as directed.

4.14. Final Acceptance. Maintain seal coat until the Engineer accepts the work. Repair any surface failures. Before final project acceptance, remove all temporary stockpiles and restore the area to the original contour and grade.

5. MEASUREMENT

5.1. Asphalt Material. Unless otherwise shown on the plans, asphalt material will be measured by one of the following methods:

5.1.1. Volume. Asphalt material, including all components, will be measured at the applied temperature by strapping the tank before and after road application. The distributor calibrated strap stick will be used for measuring the asphalt level in the distributor asphalt tank. The certified tank chart will be used to determine the beginning gallons and the final gallons in the distributor tank. The quantity to be measured for payment will be the difference between the beginning gallons and the final gallons.

5.1.2. Weight. Asphalt material will be measured in tons using certified scales meeting the requirements of Item 520, “Weighing and Measuring Equipment,” unless otherwise approved. The transporting truck must have a seal attached to the draining device and other openings. Random checking on public scales at the Contractor’s expense may be required to verify weight accuracy.

Upon work completion or temporary suspension, any remaining asphalt material will be weighed by a certified public weigher, or measured by volume in a calibrated distributor or tank and the quantity converted to tons at the measured temperature. The quantity to be measured will be the number of tons received minus the number of tons remaining after all directed work is complete and minus the amount used for other items.

5.1.3. Quantity Adjustments. When shown on the plans, the measured quantity will be adjusted to compensate for variation in required application or residual rates for different types of asphalt.

5.2. Aggregate. Aggregate will be measured by the cubic yard in the trucks as applied on the road. Strike off the loaded aggregate for accurate measurement when directed.

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5.3. Loading, Hauling, and Distributing Aggregate. When the Department furnishes the aggregate, the loading, hauling, and distributing will be measured by the cubic yard in the trucks as applied on the road.

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit prices bid for “Asphalt,” “Aggregate,” and “Loading, Hauling, and Distributing Aggregate” of the types-grades specified on the plans. These prices are full compensation for surface preparation; furnishing, preparing, hauling, and placing materials; removing existing pavement markers and excess aggregate; rolling; cleaning up stockpiles; and equipment, labor, tools, and incidentals.

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Item 320 Equipment for Asphalt Concrete Pavement

1. DESCRIPTION

Provide equipment to produce, haul, place, compact, and core asphalt concrete pavement.

2. EQUIPMENT

Ensure weighing and measuring equipment complies with Item 520, “Weighing and Measuring Equipment.” Synchronize equipment to produce a mixture meeting the required proportions.

2.1. Production Equipment. Provide:  drum-mix type, weigh-batch, or modified weigh-batch mixing plants that ensure a uniform, continuous production;  automatic proportioning and measuring devices with interlock cut-off circuits that stop operations if the control system malfunctions;  visible readouts indicating the weight or volume of asphalt and aggregate proportions;  safe and accurate means to take required samples by inspection forces;  permanent means to check the output of metering devices and to perform calibration and weight checks; and  additive-feed systems to ensure a uniform, continuous material flow in the desired proportion.

2.1.1. Drum-Mix Plants. Provide a mixing plant that complies with the requirements below.

2.1.1.1. Aggregate Feed System. Provide:  a minimum of one cold aggregate bin for each stockpile of individual materials used to produce the mix;  bins designed to prevent overflow of material;  scalping screens or other approved methods to remove any oversized material, roots, or other objectionable materials;  a feed system to ensure a uniform, continuous material flow in the desired proportion to the dryer;  an integrated means for moisture compensation;  belt scales, weigh box, or other approved devices to measure the weight of the combined aggregate; and  cold aggregate bin flow indicators that automatically signal interrupted material flow.

2.1.1.2. Reclaimed Asphalt Pavement (RAP) and Recycled Asphalt Shingles (RAS) Feed Systems. Provide a minimum of one bin for each stockpile of RAP and RAS to weigh and feed the recycled material into the hot- mix plant.

2.1.1.3. Mineral Filler Feed System. Provide a closed system for mineral filler that maintains a constant supply with minimal loss of material through the exhaust system. Interlock the measuring device into the automatic plant controls to automatically adjust the supply of mineral filler to plant production and provide a consistent percentage to the mixture.

2.1.1.4. Heating, Drying, and Mixing Systems. Provide:  a dryer or mixing system to agitate the aggregate during heating;

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 a heating system that controls the temperature during production to prevent aggregate and asphalt binder damage;  a heating system that completely burns fuel and leaves no residue; and  a recording thermometer that continuously measures and records the mixture discharge temperature.

2.1.1.5. Dust Collection System. Provide a dust collection system to collect fines generated by the drying and mixing process and reintroduce them into the mixing drum.

2.1.1.6. Asphalt Binder Equipment. Supply equipment to heat binder to the required temperature. Equip the heating apparatus with a continuously recording thermometer located at the highest temperature point. Produce a 24-hr. chart of the recorded temperature. Place a device with automatic temperature compensation that accurately meters the binder in the line leading to the mixer.

Furnish a sampling port on the line between the storage tank and mixer. Supply an additional sampling port between any additive blending device and mixer.

Supply an in-line viscosity-measuring device located between the blending unit and the mixing drum when A-R binder is specified. Provide a means to calibrate the meter on site when an asphalt mass flow meter is used.

2.1.1.7. Mixture Storage and Discharge. Provide a surge-storage system to minimize interruptions during operations unless otherwise approved. Furnish a gob hopper or other device to minimize segregation in the bin. Provide an automated system that weighs the mixture upon discharge and produces a ticket showing:  date,  project identification number,  plant identification,  mix identification,  vehicle identification,  total weight of the load,  tare weight of the vehicle,  weight of mixture in each load, and  load number or sequential ticket number for the day.

2.1.1.8. Truck Scales. Provide standard platform scales at an approved location.

2.1.2. Weigh-Batch Plants. Provide a mixing plant that complies with Section 320.2.1.1., “Drum-Mix Plants,” except as required below.

2.1.2.1. Screening and Proportioning. Provide enough hot bins to separate the aggregate and to control proportioning of the mixture type specified. Supply bins that discard excessive and oversized material through overflow chutes. Provide safe access for inspectors to obtain samples from the hot bins.

2.1.2.2. Aggregate Weigh Box and Batching Scales. Provide a weigh box and batching scales to hold and weigh a complete batch of aggregate. Provide an automatic proportioning system with low bin indicators that automatically stop when material level in any bin is not enough to complete the batch.

2.1.2.3. Asphalt Binder Measuring System. Provide bucket and scales with enough capacity to hold and weigh binder for one batch.

2.1.2.4. Mixer. Equip mixers with an adjustable automatic timer that controls the dry and wet mixing period and locks the discharge doors for the required mixing period. Furnish a pug mill with a mixing chamber large enough to prevent spillage.

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2.1.3. Modified Weigh-Batch Plants. Provide a mixing plant that complies with Section 320.2.1.2., “Weigh-Batch Plants,” except as specifically described below.

2.1.3.1. Aggregate Feeds. Aggregate control is required at the cold feeds. Hot bin screens are not required.

2.1.3.2. Surge Bins. Provide one or more bins large enough to produce 1 complete batch of mixture.

2.2. Hauling Equipment. Provide trucks with enclosed sides to prevent asphalt mixture loss. Cover each load of mixture with waterproof tarpaulins when shown on the plans or required by the Engineer. Clean all truck beds before use to ensure the mixture is not contaminated. Coat the inside truck beds, when necessary, with an approved release agent from the Department’s MPL.

2.3. Placement and Compaction Equipment. Provide equipment that does not damage underlying pavement. Comply with laws and regulations concerning overweight vehicles. Use other equipment that will consistently produce satisfactory results, when approved.

2.3.1. Asphalt Paver. Furnish a paver that will produce a finished surface that meets longitudinal and transverse profile, typical section, and placement requirements. Ensure the paver does not support the weight of any portion of hauling equipment other than the connection. Provide loading equipment that does not transmit vibrations or other motions to the paver that adversely affect the finished pavement quality. Equip the paver with an automatic, dual, longitudinal-grade control system and an automatic, transverse-grade control system.

2.3.1.1. Tractor Unit. Supply a tractor unit that can push or propel vehicles, dumping directly into the finishing machine to obtain the desired lines and grades to eliminate any hand finishing. Equip the unit with a hitch able to maintain contact between the hauling equipment’s rear wheels and the finishing machine’s pusher rollers while mixture is unloaded.

2.3.1.2. Screed. Provide a heated compacting screed that will produce a finished surface that meets longitudinal and transverse profile, typical section, and placement requirements. Screed extensions must provide the same compacting action and heating as the main unit unless otherwise approved.

2.3.1.3. Grade Reference. Provide a grade reference with enough support that the maximum deflection does not exceed 1/16 in. between supports. Ensure that the longitudinal controls can operate from any longitudinal grade reference including a string line, ski, mobile reference, or joint matching shoes.

2.3.2. Material Transfer Devices. Provide the specified type of device when shown on the plans. Ensure the devices provide a continuous, uniform mixture flow to the asphalt paver. Provide windrow pick-up equipment, when used, constructed to pick up substantially all roadway mixture placed in the windrow.

2.3.3. Remixing Equipment. Provide equipment, when required, that includes a pug mill, variable pitch augers, or variable diameter augers operating under a storage unit with a minimum capacity of 8 tons.

2.3.4. Motor Grader. Provide a self-propelled grader, when allowed, with a blade length of at least 12 ft. and a wheelbase of at least 16 ft.

2.3.5. Thermal Imaging System or Hand-Held Thermal Camera. Provide a thermal imaging system or hand-held thermal camera meeting the requirements of Tex-244-F.

2.3.6. Rollers. Provide rollers meeting the requirements of Item 210, “Rolling,” for each type of roller required for compaction.

2.3.7. Straightedges and Templates. Furnish 10-ft. straightedges and other templates as required or approved.

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2.4. Field Laboratory. Provide and maintain a Type D Structure (Asphalt Mix Control Laboratory) unless otherwise shown on the plans in accordance with Item 504, “Field Office and Laboratory,” and details shown on the plans.

2.5. Coring Equipment. Provide equipment suitable to obtain a pavement specimen meeting the dimensions for testing when coring is required.

3. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items.

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Item 340 Dense-Graded Hot-Mix Asphalt (Small Quantity)

1. DESCRIPTION

Construct a hot-mix asphalt (HMA) pavement layer composed of a compacted, dense-graded mixture of aggregate and asphalt binder mixed hot in a mixing plant. This specification is intended for small quantity (SQ) HMA projects, typically under 5,000 tons total production.

2. MATERIALS

Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications.

Notify the Engineer of all material sources and before changing any material source or formulation. The Engineer will verify that the specification requirements are met when the Contractor makes a source or formulation change, and may require a new laboratory mixture design, trial batch, or both. The Engineer may sample and test project materials at any time during the project to verify specification compliance in accordance with Item 6, “Control of Materials.”

2.1. Aggregate. Furnish aggregates from sources that conform to the requirements shown in Table 1 and as specified in this Section. Aggregate requirements in this Section, including those shown in Table 1, may be modified or eliminated when shown on the plans. Additional aggregate requirements may be specified when shown on the plans. Provide aggregate stockpiles that meet the definitions in this Section for coarse, intermediate, or fine aggregate. Aggregate from reclaimed asphalt pavement (RAP) is not required to meet Table 1 requirements unless otherwise shown on the plans. Supply aggregates that meet the definitions in Tex-100-E for crushed gravel or crushed stone. The Engineer will designate the plant or the quarry as the sampling location. Provide samples from materials produced for the project. The Engineer will establish the Surface Aggregate Classification (SAC) and perform Los Angeles abrasion, magnesium sulfate soundness, and Micro-Deval tests. Perform all other aggregate quality tests listed in Table 1. Document all test results on the mixture design report. The Engineer may perform tests on independent or split samples to verify Contractor test results. Stockpile aggregates for each source and type separately. Determine aggregate gradations for mixture design and production testing based on the washed sieve analysis given in Tex-200-F, Part II.

2.1.1. Coarse Aggregate. Coarse aggregate stockpiles must have no more than 20% material passing the No. 8 sieve. Aggregates from sources listed in the Department’s Bituminous Rated Source Quality Catalog (BRSQC) are preapproved for use. Use only the rated values for hot-mix listed in the BRSQC. Rated values for surface treatment (ST) do not apply to coarse aggregate sources used in hot-mix asphalt.

For sources not listed on the Department’s BRSQC:  build an individual stockpile for each material;  request the Department test the stockpile for specification compliance; and  once approved, do not add material to the stockpile unless otherwise approved.

Provide aggregate from non-listed sources only when tested by the Engineer and approved before use. Allow 30 calendar days for the Engineer to sample, test, and report results for non-listed sources.

Provide coarse aggregate with at least the minimum SAC shown on the plans. SAC requirements only apply to aggregates used on the surface of travel lanes. SAC requirements apply to aggregates used on surfaces other than travel lanes when shown on the plans. The SAC for sources on the Department’s Aggregate Quality Monitoring Program (AQMP) (Tex-499-A) is listed in the BRSQC.

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340 2.1.1.1. Blending Class A and Class B Aggregates. Class B aggregate meeting all other requirements in Table 1 may be blended with a Class A aggregate to meet requirements for Class A materials. Ensure that at least 50% by weight, or volume if required, of the material retained on the No. 4 sieve comes from the Class A aggregate source when blending Class A and B aggregates to meet a Class A requirement. Blend by volume if the bulk specific gravities of the Class A and B aggregates differ by more than 0.300. Coarse aggregate from RAP and Recycled Asphalt Shingles (RAS) will be considered as Class B aggregate for blending purposes.

The Engineer may perform tests at any time during production, when the Contractor blends Class A and B aggregates to meet a Class A requirement, to ensure that at least 50% by weight, or volume if required, of the material retained on the No. 4 sieve comes from the Class A aggregate source. The Engineer will use the Department’s mix design template, when electing to verify conformance, to calculate the percent of Class A aggregate retained on the No. 4 sieve by inputting the bin percentages shown from readouts in the control room at the time of production and stockpile gradations measured at the time of production. The Engineer may determine the gradations based on either washed or dry sieve analysis from samples obtained from individual aggregate cold feed bins or aggregate stockpiles. The Engineer may perform spot checks using the gradations supplied by the Contractor on the mixture design report as an input for the template; however, a failing spot check will require confirmation with a stockpile gradation determined by the Engineer.

2.1.2. Intermediate Aggregate. Aggregates not meeting the definition of coarse or fine aggregate will be defined as intermediate aggregate. Supply intermediate aggregates, when used that are free from organic impurities.

The Engineer may test the intermediate aggregate in accordance with Tex-408-A to verify the material is free from organic impurities. Supply intermediate aggregate from coarse aggregate sources, when used that meet the requirements shown in Table 1 unless otherwise approved.

Test the stockpile if 10% or more of the stockpile is retained on the No. 4 sieve, and verify that it meets the requirements in Table 1 for crushed face count (Tex-460-A) and flat and elongated particles (Tex-280-F).

2.1.3. Fine Aggregate. Fine aggregates consist of manufactured sands, screenings, and field sands. Fine aggregate stockpiles must meet the gradation requirements in Table 2. Supply fine aggregates that are free from organic impurities. The Engineer may test the fine aggregate in accordance with Tex-408-A to verify the material is free from organic impurities. No more than 15% of the total aggregate may be field sand or other uncrushed fine aggregate. Use fine aggregate, with the exception of field sand, from coarse aggregate sources that meet the requirements shown in Table 1 unless otherwise approved.

Test the stockpile if 10% or more of the stockpile is retained on the No. 4 sieve, and verify that it meets the requirements in Table 1 for crushed face count (Tex-460-A) and flat and elongated particles (Tex-280-F).

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340 Table 1 Aggregate Quality Requirements Property Test Method Requirement Coarse Aggregate SAC Tex-499-A (AQMP) As shown on the plans Deleterious material, %, Max Tex-217-F, Part I 1.5 Decantation, %, Max Tex-217-F, Part II 1.5 Micro-Deval abrasion, % Tex-461-A Note 1 Los Angeles abrasion, %, Max Tex-410-A 40 Magnesium sulfate soundness, 5 cycles, %, Max Tex-411-A 30 Crushed face count,2 %, Min Tex-460-A, Part I 85 Flat and elongated particles @ 5:1, %, Max Tex-280-F 10 Fine Aggregate Linear shrinkage, %, Max Tex-107-E 3 Combined Aggregate3 Sand equivalent, %, Min Tex-203-F 45 1. Not used for acceptance purposes. Optional test used by the Engineer as an indicator of the need for further investigation. 2. Only applies to crushed gravel. 3. Aggregates, without mineral filler, RAP, RAS, or additives, combined as used in the job-mix formula (JMF).

Table 2 Gradation Requirements for Fine Aggregate Sieve Size % Passing by Weight or Volume 3/8″ 100 #8 70–100 #200 0–30

2.2. Mineral Filler. Mineral filler consists of finely divided mineral matter such as agricultural lime, crusher fines, hydrated lime, or fly ash. Mineral filler is allowed unless otherwise shown on the plans. Use no more than 2% hydrated lime or fly ash unless otherwise shown on the plans. Use no more than 1% hydrated lime if a substitute binder is used unless otherwise shown on the plans or allowed. Test all mineral fillers except hydrated lime and fly ash in accordance with Tex-107-E to ensure specification compliance. The plans may require or disallow specific mineral fillers. Provide mineral filler, when used, that:  is sufficiently dry, free-flowing, and free from clumps and foreign matter as determined by the Engineer;  does not exceed 3% linear shrinkage when tested in accordance with Tex-107-E; and  meets the gradation requirements in Table 3.

Table 3 Gradation Requirements for Mineral Filler Sieve Size % Passing by Weight or Volume #8 100 #200 55–100

2.3. Baghouse Fines. Fines collected by the baghouse or other dust-collecting equipment may be reintroduced into the mixing drum.

2.4. Asphalt Binder. Furnish the type and grade of performance-graded (PG) asphalt specified on the plans.

2.5. Tack Coat. Furnish CSS-1H, SS-1H, or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300, “Asphalts, Oils, and Emulsions.” Specialized or preferred tack coat materials may be allowed or required when shown on the plans. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use.

The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C, Part III, and test it to verify compliance with Item 300, “Asphalts, Oils, and Emulsions.” The Engineer will obtain the sample from the asphalt distributor immediately before use.

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340 2.6. Additives. Use the type and rate of additive specified when shown on the plans. Additives that facilitate mixing, compaction, or improve the quality of the mixture are allowed when approved. Provide the Engineer with documentation, such as the bill of lading, showing the quantity of additives used in the project unless otherwise directed.

2.6.1. Lime and Liquid Antistripping Agent. When lime or a liquid antistripping agent is used, add in accordance with Item 301, “Asphalt Antistripping Agents.” Do not add lime directly into the mixing drum of any plant where lime is removed through the exhaust stream unless the plant has a baghouse or dust collection system that reintroduces the lime into the drum.

2.6.2. Warm Mix Asphalt (WMA). Warm Mix Asphalt (WMA) is defined as HMA that is produced within a target temperature discharge range of 215°F and 275°F using approved WMA additives or processes from the Department’s MPL.

WMA is allowed for use on all projects and is required when shown on the plans. When WMA is required, the maximum placement or target discharge temperature for WMA will be set at a value below 275°F.

Department-approved WMA additives or processes may be used to facilitate mixing and compaction of HMA produced at target discharge temperatures above 275°F; however, such mixtures will not be defined as WMA.

2.7. Recycled Materials. Use of RAP and RAS is permitted unless otherwise shown on the plans. Do not exceed the maximum allowable percentages of RAP and RAS shown in Table 4. The allowable percentages shown in Table 4 may be decreased or increased when shown on the plans. Determine asphalt binder content and gradation of the RAP and RAS stockpiles for mixture design purposes in accordance with Tex-236-F. The Engineer may verify the asphalt binder content of the stockpiles at any time during production. Perform other tests on RAP and RAS when shown on the plans. Asphalt binder from RAP and RAS is designated as recycled asphalt binder. Calculate and ensure that the ratio of the recycled asphalt binder to total binder does not exceed the percentages shown in Table 5 during mixture design and HMA production when RAP or RAS is used. Use a separate cold feed bin for each stockpile of RAP and RAS during HMA production.

Surface, intermediate, and base mixes referenced in Tables 4 and 5 are defined as follows:  Surface. The final HMA lift placed at or near the top of the pavement structure;  Intermediate. Mixtures placed below an HMA surface mix and less than or equal to 8.0 in. from the riding surface; and  Base. Mixtures placed greater than 8.0 in. from the riding surface.

2.7.1. RAP. RAP is salvaged, milled, pulverized, broken, or crushed asphalt pavement. Crush or break RAP so that 100% of the particles pass the 2 in. sieve. Fractionated RAP is defined as 2 or more RAP stockpiles, divided into coarse and fine fractions.

Use of Contractor-owned RAP, including HMA plant waste, is permitted unless otherwise shown on the plans. Department-owned RAP stockpiles are available for the Contractor’s use when the stockpile locations are shown on the plans. If Department-owned RAP is available for the Contractor’s use, the Contractor may use Contractor-owned fractionated RAP and replace it with an equal quantity of Department-owned RAP. This allowance does not apply to a Contractor using unfractionated RAP. Department-owned RAP generated through required work on the Contract is available for the Contractor’s use when shown on the plans. Perform any necessary tests to ensure Contractor- or Department-owned RAP is appropriate for use. The Department will not perform any tests or assume any liability for the quality of the Department-owned RAP unless otherwise shown on the plans. The Contractor will retain ownership of RAP generated on the project when shown on the plans.

The coarse RAP stockpile will contain only material retained by processing over a 3/8-in. or 1/2-in. screen unless otherwise approved. The fine RAP stockpile will contain only material passing the 3/8-in. or 1/2-in. screen unless otherwise approved. The Engineer may allow the Contractor to use an alternate to the 3/8-in.

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340 or 1/2-in. screen to fractionate the RAP. The maximum percentages of fractionated RAP may be comprised of coarse or fine fractionated RAP or the combination of both coarse and fine fractionated RAP.

Do not use Department- or Contractor-owned RAP contaminated with dirt or other objectionable materials. Do not use Department- or Contractor-owned RAP if the decantation value exceeds 5% and the plasticity index is greater than 8. Test the stockpiled RAP for decantation in accordance with Tex-406-A, Part I. Determine the plasticity index in accordance with Tex-106-E if the decantation value exceeds 5%. The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction or ignition.

Do not intermingle Contractor-owned RAP stockpiles with Department-owned RAP stockpiles. Remove unused Contractor-owned RAP material from the project site upon completion of the project. Return unused Department-owned RAP to the designated stockpile location. Table 4 Maximum Allowable Amounts of RAP1 Maximum Allowable Maximum Allowable Fractionated RAP2 (%) Unfractionated RAP3 (%) Surface Intermediate Base Surface Intermediate Base 20.0 30.0 40.0 10.0 10.0 10.0 1. Must also meet the recycled binder to total binder ratio shown in Table 5. 2. Up to 5% RAS may be used separately or as a replacement for fractionated RAP. 3. Unfractionated RAP may not be combined with fractionated RAP or RAS.

2.7.2. RAS. Use of post-manufactured RAS or post-consumer RAS (tear-offs) is permitted unless otherwise shown on the plans. Up to 5% RAS may be used separately or as a replacement for fractionated RAP in accordance with Table 4 and Table 5. RAS is defined as processed asphalt shingle material from manufacturing of asphalt roofing shingles or from re-roofing residential structures. Post-manufactured RAS is processed manufacturer’s shingle scrap by-product. Post-consumer RAS is processed shingle scrap removed from residential structures. Comply with all regulatory requirements stipulated for RAS by the TCEQ. RAS may be used separately or in conjunction with RAP.

Process the RAS by ambient grinding or granulating such that 100% of the particles pass the 3/8 in. sieve when tested in accordance with Tex-200-F, Part I. Perform a sieve analysis on processed RAS material before extraction (or ignition) of the asphalt binder.

Add sand meeting the requirements of Table 1 and Table 2 or fine RAP to RAS stockpiles if needed to keep the processed material workable. Any stockpile that contains RAS will be considered a RAS stockpile and be limited to no more than 5.0% of the HMA mixture in accordance with Table 4.

Certify compliance of the RAS with DMS-11000, “Evaluating and Using Nonhazardous Recyclable Materials Guidelines.” Treat RAS as an established nonhazardous recyclable material if it has not come into contact with any hazardous materials. Use RAS from shingle sources on the Department’s MPL. Remove substantially all materials before use that are not part of the shingle, such as wood, paper, metal, plastic, and felt paper. Determine the deleterious content of RAS material for mixture design purposes in accordance with Tex-217-F, Part III. Do not use RAS if deleterious materials are more than 0.5% of the stockpiled RAS unless otherwise approved. Submit a sample for approval before submitting the mixture design. The Department will perform the testing for deleterious material of RAS to determine specification compliance.

2.8. Substitute Binders. Unless otherwise shown on the plans, the Contractor may use a substitute PG binder listed in Table 5 instead of the PG binder originally specified, if the substitute PG binder and mixture made with the substitute PG binder meet the following:  the substitute binder meets the specification requirements for the substitute binder grade in accordance with Section 300.2.10., “Performance-Graded Binders;” and  the mixture has less than 10.0 mm of rutting on the Hamburg Wheel test (Tex-242-F) after the number of passes required for the originally specified binder. Use of substitute PG binders may only be allowed at the discretion of the Engineer if the Hamburg Wheel test results are between 10.0 mm and 12.5 mm.

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340 Table 5 Allowable Substitute PG Binders and Maximum Recycled Binder Ratios Allowable Maximum Ratio of Recycled Binder1 Originally Specified Substitute PG to Total Binder (%) PG Binder Binder Surface Intermediate Base HMA 70-22 or 64-22 20.0 20.0 20.0 76-222 70-28 or 64-28 30.0 35.0 40.0

64-22 20.0 20.0 20.0 70-222 64-28 or 58-28 30.0 35.0 40.0

64-222 58-28 30.0 35.0 40.0

70-28 or 64-28 20.0 20.0 20.0 76-282 64-34 30.0 35.0 40.0

64-28 or 58-28 20.0 20.0 20.0 70-282 64-34 or 58-34 30.0 35.0 40.0

58-28 20.0 20.0 20.0 64-282 58-34 30.0 35.0 40.0 WMA3 76-222 70-22 or 64-22 30.0 35.0 40.0

70-222 64-22 or 58-28 30.0 35.0 40.0

64-224 58-28 30.0 35.0 40.0

76-282 70-28 or 64-28 30.0 35.0 40.0

70-282 64-28 or 58-28 30.0 35.0 40.0

64-284 58-28 30.0 35.0 40.0 1. Combined recycled binder from RAP and RAS. 2. Use no more than 20.0% recycled binder when using this originally specified PG binder. 3. WMA as defined in Section 340.2.6.2., “Warm Mix Asphalt (WMA).” 4. When used with WMA, this originally specified PG binder is allowed for use at the maximum recycled binder ratios shown in this table.

3. EQUIPMENT

Provide required or necessary equipment in accordance with Item 320, “Equipment for Asphalt Concrete Pavement.”

4. CONSTRUCTION

Produce, haul, place, and compact the specified paving mixture. In addition to tests required by the specification, Contractors may perform other QC tests as deemed necessary. At any time during the project, the Engineer may perform production and placement tests as deemed necessary in accordance with Item 5, “Control of the Work.” Schedule and participate in a pre-paving meeting with the Engineer on or before the first day of paving unless otherwise directed.

4.1. Certification. Personnel certified by the Department-approved hot-mix asphalt certification program must conduct all mixture designs, sampling, and testing in accordance with Table 6. Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel changes are made. Provide a mixture design developed and signed by a Level 2 certified specialist.

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340 Table 6 Test Methods, Test Responsibility, and Minimum Certification Levels Test Description Test Method Contractor Engineer Level1 1. Aggregate and Recycled Material Testing Sampling Tex-221-F   1A Dry sieve Tex-200-F, Part I   1A Washed sieve Tex-200-F, Part II   1A Deleterious material Tex-217-F, Parts I & III   1A Decantation Tex-217-F, Part II   1A Los Angeles abrasion Tex-410-A  TxDOT Magnesium sulfate soundness Tex-411-A  TxDOT Micro-Deval abrasion Tex-461-A  2 Crushed face count Tex-460-A   2 Flat and elongated particles Tex-280-F   2 Linear shrinkage Tex-107-E   2 Sand equivalent Tex-203-F   2 Organic impurities Tex-408-A   2 2. Asphalt Binder & Tack Coat Sampling Asphalt binder sampling Tex-500-C, Part II   1A/1B Tack coat sampling Tex-500-C, Part III   1A/1B 3. Mix Design & Verification Design and JMF changes Tex-204-F   2 Mixing Tex-205-F   2 Molding (TGC) Tex-206-F   1A Molding (SGC) Tex-241-F   1A Laboratory-molded density Tex-207-F   1A VMA2 (calculation only) Tex-204-F   2 Rice gravity Tex-227-F   1A Ignition oven correction factors3 Tex-236-F   2 Indirect tensile strength Tex-226-F   2 Hamburg Wheel test Tex-242-F   2 Boil test Tex-530-C   1A 4. Production Testing Mixture sampling Tex-222-F   1A Molding (TGC) Tex-206-F  1A Molding (SGC) Tex-241-F  1A Laboratory-molded density Tex-207-F  1A VMA2 (calculation only) Tex-204-F  1A Rice gravity Tex-227-F  1A Gradation & asphalt binder content3 Tex-236-F  1A Moisture content Tex-212-F  1A Hamburg Wheel test Tex-242-F  2 Boil test Tex-530-C  1A 5. Placement Testing Trimming roadway cores Tex-207-F   1A/1B In-place air voids Tex-207-F  1A/1B Establish rolling pattern Tex-207-F  1B Ride quality measurement Tex-1001-S   Note 4 1. Level 1A, 1B, and 2 are certification levels provided by the Hot Mix Asphalt Center certification program. 2. Voids in mineral aggregates. 3. Refer to Section 340.4.8.3., “Production Testing,” for exceptions to using an ignition oven. 4. Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test Type B is specified.

4.2. Reporting, Testing, and Responsibilities. Use Department-provided templates to record and calculate all test data pertaining to the mixture design. The Engineer will use Department templates for any production and placement testing. Obtain the current version of the templates at http://www.txdot.gov/inside-txdot/forms- publications/consultants-contractors/forms/site-manager.html or from the Engineer.

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340 The maximum allowable time for the Engineer to exchange test data with the Contractor is as given in Table 7 unless otherwise approved. The Engineer will immediately report to the Contractor any test result that requires suspension of production or placement or that fails to meet the specification requirements.

Subsequent mix placed after test results are available to the Contractor, which require suspension of operations, may be considered unauthorized work. Unauthorized work will be accepted or rejected at the discretion of the Engineer in accordance with Article 5.3., “Conformity with Plans, Specifications, and Special Provisions.” Table 7 Reporting Schedule Description Reported By Reported To To Be Reported Within Production Testing Gradation Asphalt binder content Laboratory-molded density VMA (calculation) 1 working day of Engineer Contractor Hamburg Wheel test completion of the test Moisture content Boil test Binder tests Placement Testing 1 working day of In-place air voids Engineer Contractor completion of the test1 1. 2 days are allowed if cores cannot be dried to constant weight within 1 day.

4.3. Mixture Design.

4.3.1. Design Requirements. The Contractor may design the mixture using a Texas Gyratory Compactor (TGC) or a Superpave Gyratory Compactor (SGC) unless otherwise shown on the plans. Use the dense-graded design procedure provided in Tex-204-F. Design the mixture to meet the requirements listed in Tables 1, 2, 3, 4, 5, 8, 9, and 10.

4.3.1.1. Target Laboratory-Molded Density When The TGC Is Used. Design the mixture at a 96.5% target laboratory-molded density. Increase the target laboratory-molded density to 97.0% or 97.5% at the Contractor’s discretion or when shown on the plans or specification.

4.3.1.2. Design Number of Gyrations (Ndesign) When The SGC Is Used. Design the mixture at 50 gyrations (Ndesign). Use a target laboratory-molded density of 96.0% to design the mixture; however, adjustments can be made to the Ndesign value as noted in Table 9. The Ndesign level may be reduced to no less than 35 gyrations at the Contractor’s discretion.

Use an approved laboratory from the Department’s MPL to perform the Hamburg Wheel test in accordance with Tex-242-F, and provide results with the mixture design, or provide the laboratory mixture and request that the Department perform the Hamburg Wheel test. The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test results on the laboratory mixture design.

The Engineer will provide the mixture design when shown on the plans. The Contractor may submit a new mixture design at any time during the project. The Engineer will verify and approve all mixture designs (JMF1) before the Contractor can begin production.

Provide the Engineer with a mixture design report using the Department-provided template. Include the following items in the report:  the combined aggregate gradation, source, specific gravity, and percent of each material used;  asphalt binder content and aggregate gradation of RAP and RAS stockpiles;  the target laboratory-molded density (or Ndesign level when using the SGC);  results of all applicable tests;

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340  the mixing and molding temperatures;  the signature of the Level 2 person or persons that performed the design;  the date the mixture design was performed; and  a unique identification number for the mixture design. Table 8 Master Gradation Limits (% Passing by Weight or Volume) and VMA Requirements A B C D F Sieve Coarse Fine Coarse Fine Fine Size Base Base Surface Surface Mixture 2″ 100.01 – – – – 1-1/2″ 98.0–100.0 100.01 – – – 1″ 78.0–94.0 98.0–100.0 100.01 – – 3/4″ 64.0–85.0 84.0–98.0 95.0–100.0 100.01 – 1/2″ 50.0–70.0 – – 98.0–100.0 100.01 3/8″ – 60.0–80.0 70.0–85.0 85.0–100.0 98.0–100.0 #4 30.0–50.0 40.0–60.0 43.0–63.0 50.0–70.0 70.0–90.0 #8 22.0–36.0 29.0–43.0 32.0–44.0 35.0–46.0 38.0–48.0 #30 8.0–23.0 13.0–28.0 14.0–28.0 15.0–29.0 12.0–27.0 #50 3.0–19.0 6.0–20.0 7.0–21.0 7.0–20.0 6.0–19.0 #200 2.0–7.0 2.0–7.0 2.0–7.0 2.0–7.0 2.0–7.0 Design VMA, % Minimum – 12.0 13.0 14.0 15.0 16.0 Production (Plant-Produced) VMA, % Minimum – 11.5 12.5 13.5 14.5 15.5 1. Defined as maximum sieve size. No tolerance allowed.

Table 9 Laboratory Mixture Design Properties Mixture Property Test Method Requirement Target laboratory-molded density, % (TGC) Tex-207-F 96.51 Design gyrations (Ndesign for SGC) Tex-241-F 502 Indirect tensile strength (dry), psi Tex-226-F 85–2003 Boil test4 Tex-530-C – 1. Increase to 97.0% or 97.5% at the Contractor’s discretion or when shown on the plans or specification. 2. Adjust within a range of 35–100 gyrations when shown on the plans or specification or when mutually agreed between the Engineer and Contractor. 3. The Engineer may allow the IDT strength to exceed 200 psi if the corresponding Hamburg Wheel rut depth is greater than 3.0 mm and less than 12.5 mm. 4. Used to establish baseline for comparison to production results. May be waived when approved.

Table 10 Hamburg Wheel Test Requirements Minimum # of Passes High-Temperature Binder Grade Test Method @ 12.5 mm1 Rut Depth, Tested @ 50°C PG 64 or lower 10,0002 PG 70 Tex-242-F 15,0003 PG 76 or higher 20,000 1. When the rut depth at the required minimum number of passes is less than 3 mm, the Engineer may require the Contractor to increase the target laboratory-molded density (TGC) by 0.5% to no more than 97.5% or lower the Ndesign level (SGC) to no less than 35 gyrations. 2. May be decreased to no less than 5,000 passes when shown on the plans. 3. May be decreased to no less than 10,000 passes when shown on the plans.

4.3.2. Job-Mix Formula Approval. The job-mix formula (JMF) is the combined aggregate gradation, target laboratory-molded density (or Ndesign level), and target asphalt percentage used to establish target values for hot-mix production. JMF1 is the original laboratory mixture design used to produce the trial batch. When

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340 WMA is used, JMF1 may be designed and submitted to the Engineer without including the WMA additive. When WMA is used, document the additive or process used and recommended rate on the JMF1 submittal. Furnish a mix design report (JMF1) with representative samples of all component materials and request approval to produce the trial batch. Provide approximately 10,000 g of the design mixture and request that the Department perform the Hamburg Wheel test if opting to have the Department perform the test. The Engineer will verify JMF1 based on plant-produced mixture from the trial batch unless otherwise determined. The Engineer may accept an existing mixture design previously used on a Department project and may waive the trial batch to verify JMF1. Provide split samples of the mixtures and blank samples used to determine the ignition oven correction factors. The Engineer will determine the aggregate and asphalt correction factors from the ignition oven used for production testing in accordance with Tex-236-F.

The Engineer will use a TGC calibrated in accordance with Tex-914-K in molding production samples. Provide an SGC at the Engineer’s field laboratory for use in molding production samples if the SGC is used to design the mix.

The Engineer may perform Tex-530-C and retain the tested sample for comparison purposes during production. The Engineer may waive the requirement for the boil test.

4.3.3. JMF Adjustments. If JMF adjustments are necessary to achieve the specified requirements, the adjusted JMF must:  be provided to the Engineer in writing before the start of a new lot;  be numbered in sequence to the previous JMF;  meet the mixture requirements in Table 4 and Table 5;  meet the master gradation limits shown in Table 8; and  be within the operational tolerances of the current JMF listed in Table 11.

The Engineer may adjust the asphalt binder content to maintain desirable laboratory density near the optimum value while achieving other mix requirements. Table 11 Operational Tolerances Allowable Difference Between Allowable Difference from Description Test Method Trial Batch and JMF1 Target Current JMF Target Individual % retained for #8 sieve and ±5.01,2 larger Tex-200-F Must be within Individual % retained for sieves smaller or master grading limits ±3.01,2 than #8 and larger than #200 Tex-236-F in Table 8 % passing the #200 sieve ±2.01,2 Asphalt binder content, % Tex-236-F ±0.5 ±0.32 Laboratory-molded density, % Tex-207-F ±1.0 ±1.0 VMA, %, min Tex-204-F Note 3 Note 3 1. When within these tolerances, mixture production gradations may fall outside the master grading limits; however, the % passing the #200 will be considered out of tolerance when outside the master grading limits. 2. Only applies to mixture produced for Lot 1 and higher. 3. Mixture is required to meet Table 8 requirements.

4.4. Production Operations. Perform a new trial batch when the plant or plant location is changed. Take corrective action and receive approval to proceed after any production suspension for noncompliance to the specification. Submit a new mix design and perform a new trial batch when the asphalt binder content of:  any RAP stockpile used in the mix is more than 0.5% higher than the value shown on the mixture design report; or  RAS stockpile used in the mix is more than 2.0% higher than the value shown on the mixture design report.

4.4.1. Storage and Heating of Materials. Do not heat the asphalt binder above the temperatures specified in Item 300, “Asphalts, Oils, and Emulsions,” or outside the manufacturer’s recommended values. Provide the Engineer with daily records of asphalt binder and hot-mix asphalt discharge temperatures (in legible and discernible increments) in accordance with Item 320, “Equipment for Asphalt Concrete Pavement,” unless

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340 otherwise directed. Do not store mixture for a period long enough to affect the quality of the mixture, nor in any case longer than 12 hr. unless otherwise approved.

4.4.2. Mixing and Discharge of Materials. Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target. Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed 350°F (or 275°F for WMA) and is not lower than 215°F. The Department will not pay for or allow placement of any mixture produced above 350°F.

Produce WMA within the target discharge temperature range of 215°F and 275°F when WMA is required. Take corrective action any time the discharge temperature of the WMA exceeds the target discharge range. The Engineer may suspend production operations if the Contractor’s corrective action is not successful at controlling the production temperature within the target discharge range. Note that when WMA is produced, it may be necessary to adjust burners to ensure complete combustion such that no burner fuel residue remains in the mixture.

Control the mixing time and temperature so that substantially all moisture is removed from the mixture before discharging from the plant. The Engineer may determine the moisture content by oven-drying in accordance with Tex-212-F, Part II, and verify that the mixture contains no more than 0.2% of moisture by weight. The Engineer will obtain the sample immediately after discharging the mixture into the truck, and will perform the test promptly.

4.5. Hauling Operations. Clean all truck beds before use to ensure that mixture is not contaminated. Use a release agent shown on the Department’s MPL to coat the inside bed of the truck when necessary.

Use equipment for hauling as defined in Section 340.4.6.3.2., “Hauling Equipment.” Use other hauling equipment only when allowed.

4.6. Placement Operations. Collect haul tickets from each load of mixture delivered to the project and provide the Department’s copy to the Engineer approximately every hour, or as directed. Use a hand-held thermal camera or infrared thermometer to measure and record the internal temperature of the mixture as discharged from the truck or Material Transfer Device (MTD) before or as the mix enters the paver and an approximate station number or GPS coordinates on each ticket unless otherwise directed. Calculate the daily yield and cumulative yield for the specified lift and provide to the Engineer at the end of paving operations for each day unless otherwise directed. The Engineer may suspend production if the Contractor fails to produce and provide haul tickets and yield calculations by the end of paving operations for each day.

Prepare the surface by removing raised pavement markers and objectionable material such as moisture, dirt, sand, leaves, and other loose impediments from the surface before placing mixture. Remove vegetation from pavement edges. Place the mixture to meet the typical section requirements and produce a smooth, finished surface with a uniform appearance and texture. Offset longitudinal joints of successive courses of hot-mix by at least 6 in. Place mixture so that longitudinal joints on the surface course coincide with lane lines, or as directed. Ensure that all finished surfaces will drain properly.

Place the mixture at the rate or thickness shown on the plans. The Engineer will use the guidelines in Table 12 to determine the compacted lift thickness of each layer when multiple lifts are required. The thickness determined is based on the rate of 110 lb./sq. yd. for each inch of pavement unless otherwise shown on the plans.

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340 Table 12 Compacted Lift Thickness and Required Core Height Compacted Lift Thickness Guidelines Minimum Untrimmed Core Mixture Type Height (in.) Eligible for Minimum (in.) Maximum (in.) Testing A 3.00 6.00 2.00 B 2.50 5.00 1.75 C 2.00 4.00 1.50 D 1.50 3.00 1.25 F 1.25 2.50 1.25

4.6.1. Weather Conditions. Place mixture when the roadway surface temperature is at or above 60°F unless otherwise approved. Measure the roadway surface temperature with a hand-held thermal camera or infrared thermometer. The Engineer may allow mixture placement to begin before the roadway surface reaches the required temperature if conditions are such that the roadway surface will reach the required temperature within 2 hr. of beginning placement operations. Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable as determined by the Engineer. The Engineer may restrict the Contractor from paving if the ambient temperature is likely to drop below 32°F within 12 hr. of paving.

4.6.2. Tack Coat. Clean the surface before placing the tack coat. The Engineer will set the rate between 0.04 and 0.10 gal. of residual asphalt per square yard of surface area. Apply a uniform tack coat at the specified rate unless otherwise directed. Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns. Apply a thin, uniform tack coat to all contact surfaces of curbs, structures, and all joints. Allow adequate time for emulsion to break completely before placing any material. Prevent splattering of tack coat when placed adjacent to curb, gutter, and structures. Roll the tack coat with a pneumatic-tire roller to remove streaks and other irregular patterns when directed.

4.6.3. Lay-Down Operations.

4.6.3.1. Windrow Operations. Operate windrow pickup equipment so that when hot-mix is placed in windrows substantially all the mixture deposited on the roadbed is picked up and loaded into the paver.

4.6.3.2. Hauling Equipment. Use belly dumps, live bottom, or end dump trucks to haul and transfer mixture; however, with exception of paving miscellaneous areas, end dump trucks are only allowed when used in conjunction with an MTD with remixing capability unless otherwise allowed.

4.6.3.3. Screed Heaters. Turn off screed heaters, to prevent overheating of the mat, if the paver stops for more than 5 min.

4.7. Compaction. Compact the pavement uniformly to contain between 3.8% and 8.5% in-place air voids.

Furnish the type, size, and number of rollers required for compaction as approved. Use a pneumatic-tire roller to seal the surface unless excessive pickup of fines occurs. Use additional rollers as required to remove any roller marks. Use only water or an approved release agent on rollers, tamps, and other compaction equipment unless otherwise directed.

Use the control strip method shown in Tex-207-F, Part IV, on the first day of production to establish the rolling pattern that will produce the desired in-place air voids unless otherwise directed.

Use tamps to thoroughly compact the edges of the pavement along curbs, headers, and similar structures and in locations that will not allow thorough compaction with rollers. The Engineer may require rolling with a trench roller on widened areas, in trenches, and in other limited areas.

Complete all compaction operations before the pavement temperature drops below 160°F unless otherwise allowed. The Engineer may allow compaction with a light finish roller operated in static mode for pavement temperatures below 160°F.

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340 Allow the compacted pavement to cool to 160°F or lower before opening to traffic unless otherwise directed. Sprinkle the finished mat with water or limewater, when directed, to expedite opening the roadway to traffic.

4.8. Production Acceptance.

4.8.1. Production Lot. Each day of production is defined as a production lot. Lots will be sequentially numbered and correspond to each new day of production. Note that lots are not subdivided into sublots for this specification.

4.8.2. Production Sampling.

4.8.2.1. Mixture Sampling. The Engineer may obtain mixture samples in accordance with Tex-222-F at any time during production.

4.8.2.2. Asphalt Binder Sampling. The Engineer may obtain or require the Contractor to obtain 1 qt. samples of the asphalt binder at any time during production from a port located immediately upstream from the mixing drum or pug mill in accordance with Tex-500-C, Part II. The Engineer may test any of the asphalt binder samples to verify compliance with Item 300, “Asphalts, Oils, and Emulsions.”

4.8.3. Production Testing. The Engineer will test at the frequency listed in the Department’s Guide Schedule of Sampling and Testing and this specification. The Engineer may suspend production if production tests do not meet specifications or are not within operational tolerances listed in Table 11. Take immediate corrective action if the Engineer’s laboratory-molded density on any sample is less than 95.0% or greater than 98.0%, to bring the mixture within these tolerances. The Engineer may suspend operations if the Contractor’s corrective actions do not produce acceptable results. The Engineer will allow production to resume when the proposed corrective action is likely to yield acceptable results.

The Engineer may use alternate methods for determining the asphalt binder content and aggregate gradation if the aggregate mineralogy is such that Tex-236-F does not yield reliable results. Use the applicable test procedure if an alternate test method is selected. Table 13 Production and Placement Testing Description Test Method Individual % retained for #8 sieve and larger Tex-200-F Individual % retained for sieves smaller than #8 and larger than #200 or % passing the #200 sieve Tex-236-F Laboratory-molded density Laboratory-molded bulk specific gravity Tex-207-F In-Place air voids VMA Tex-204-F Moisture content Tex-212-F, Part II Theoretical maximum specific (Rice) gravity Tex-227-F Asphalt binder content Tex-236-F Hamburg Wheel test Tex-242-F Recycled Asphalt Shingles (RAS)1 Tex-217-F, Part III Asphalt binder sampling and testing Tex-500-C Tack coat sampling and testing Tex-500-C, Part III Boil test Tex-530-C 1. Testing performed by the Construction Division or designated laboratory.

4.8.3.1. Voids in Mineral Aggregates (VMA). The Engineer may determine the VMA for any production lot. Take immediate corrective action if the VMA value for any lot is less than the minimum VMA requirement for production listed in Table 8. Suspend production and shipment of the mixture if the Engineer’s VMA result is more than 0.5% below the minimum VMA requirement for production listed in Table 8. In addition to suspending production, the Engineer may require removal and replacement or may allow the lot to be left in place without payment.

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340 4.8.3.2. Hamburg Wheel Test. The Engineer may perform a Hamburg Wheel test at any time during production, including when the boil test indicates a change in quality from the materials submitted for JMF1. In addition to testing production samples, the Engineer may obtain cores and perform Hamburg Wheel tests on any areas of the roadway where rutting is observed. Suspend production until further Hamburg Wheel tests meet the specified values when the production or core samples fail the Hamburg Wheel test criteria in Table 10. Core samples, if taken, will be obtained from the center of the finished mat or other areas excluding the vehicle wheel paths. The Engineer may require up to the entire lot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor’s expense.

If the Department’s or Department-approved laboratory’s Hamburg Wheel test results in a “remove and replace” condition, the Contractor may request that the Department confirm the results by re-testing the failing material. The Construction Division will perform the Hamburg Wheel tests and determine the final disposition of the material in question based on the Department’s test results.

4.8.4. Individual Loads of Hot-Mix. The Engineer can reject individual truckloads of hot-mix. When a load of hot- mix is rejected for reasons other than temperature, contamination, or excessive uncoated particles, the Contractor may request that the rejected load be tested. Make this request within 4 hr. of rejection. The Engineer will sample and test the mixture. If test results are within the operational tolerances shown in Table 11, payment will be made for the load. If test results are not within operational tolerances, no payment will be made for the load.

4.9. Placement Acceptance.

4.9.1. Placement Lot. A placement lot is defined as the area placed during a production lot (one day’s production). Placement lot numbers will correspond with production lot numbers.

4.9.2. Miscellaneous Areas. Miscellaneous areas include areas that typically involve significant handwork or discontinuous paving operations, such as temporary detours, driveways, mailbox turnouts, crossovers, gores, spot level-up areas, and other similar areas. Miscellaneous areas also include level-ups and thin overlays when the layer thickness specified on the plans is less than the minimum untrimmed core height eligible for testing shown in Table 12. The specified layer thickness is based on the rate of 110 lb./sq. yd. for each inch of pavement unless another rate is shown on the plans. Compact miscellaneous areas in accordance with Section 340.4.7., “Compaction.” Miscellaneous areas are not subject to in-place air void determination except for temporary detours when shown on the plans.

4.9.3. Placement Sampling. Provide the equipment and means to obtain and trim roadway cores on site. On site is defined as in close proximity to where the cores are taken. Obtain the cores within one working day of the time the placement lot is completed unless otherwise approved. Obtain two 6-in. diameter cores side-by-side at each location selected by the Engineer for in-place air void determination unless otherwise shown on the plans. For Type D and Type F mixtures, 4-in. diameter cores are allowed. Mark the cores for identification, measure and record the untrimmed core height, and provide the information to the Engineer. The Engineer will witness the coring operation and measurement of the core thickness.

Visually inspect each core and verify that the current paving layer is bonded to the underlying layer. Take corrective action if an adequate bond does not exist between the current and underlying layer to ensure that an adequate bond will be achieved during subsequent placement operations.

Trim the cores immediately after obtaining the cores from the roadway in accordance with Tex-207-F if the core heights meet the minimum untrimmed value listed in Table 12. Trim the cores on site in the presence of the Engineer. Use a permanent marker or paint pen to record the date and lot number on each core as well as the designation as Core A or B. The Engineer may require additional information to be marked on the core and may choose to sign or initial the core. The Engineer will take custody of the cores immediately after they are trimmed and will retain custody of the cores until the Department’s testing is completed. Before turning the trimmed cores over to the Engineer, the Contractor may wrap the trimmed cores or secure them in a manner that will reduce the risk of possible damage occurring during transport by the Engineer. After testing, the Engineer will return the cores to the Contractor.

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340 The Engineer may have the cores transported back to the Department’s laboratory at the HMA plant via the Contractor’s haul truck or other designated vehicle. In such cases where the cores will be out of the Engineer’s possession during transport, the Engineer will use Department-provided security bags and the Roadway Core Custody protocol located at http://www.txdot.gov/business/specifications.htm to provide a secure means and process that protects the integrity of the cores during transport.

Instead of the Contractor trimming the cores on site immediately after coring, the Engineer and the Contractor may mutually agree to have the trimming operations performed at an alternate location such as a field laboratory or other similar location. In such cases, the Engineer will take possession of the cores immediately after they are obtained from the roadway and will retain custody of the cores until testing is completed. Either the Department or Contractor representative may perform trimming of the cores. The Engineer will witness all trimming operations in cases where the Contractor representative performs the trimming operation.

Dry the core holes and tack the sides and bottom immediately after obtaining the cores. Fill the hole with the same type of mixture and properly compact the mixture. Repair core holes with other methods when approved.

4.9.4. Placement Testing. The Engineer may measure in-place air voids at any time during the project to verify specification compliance.

4.9.4.1. In-Place Air Voids. The Engineer will measure in-place air voids in accordance with Tex-207-F and Tex-227-F. Cores not meeting the height requirements in Table 12 will not be tested. Before drying to a constant weight, cores may be pre-dried using a Corelok or similar vacuum device to remove excess moisture. The Engineer will use the corresponding theoretical maximum specific gravity to determine the air void content of each core. The Engineer will use the average air void content of the 2 cores to determine the in-place air voids at the selected location.

The Engineer will use the vacuum method to seal the core if required by Tex-207-F. The Engineer will use the test results from the unsealed core if the sealed core yields a higher specific gravity than the unsealed core. After determining the in-place air void content, the Engineer will return the cores and provide test results to the Contractor.

Take immediate corrective action when the in-place air voids exceed the range of 3.8% and 8.5% to bring the operation within these tolerances. The Engineer may suspend operations or require removal and replacement if the in-place air voids are less than 2.7% or greater than 9.9%. The Engineer will allow paving to resume when the proposed corrective action is likely to yield between 3.8% and 8.5% in-place air voids. Areas defined in Section 340.9.2., “Miscellaneous Areas,” are not subject to in-place air void determination.

4.9.5. Irregularities. Identify and correct irregularities including segregation, rutting, raveling, flushing, fat spots, mat slippage, irregular color, irregular texture, roller marks, tears, gouges, streaks, uncoated aggregate particles, or broken aggregate particles. The Engineer may also identify irregularities, and in such cases, the Engineer will promptly notify the Contractor. If the Engineer determines that the irregularity will adversely affect pavement performance, the Engineer may require the Contractor to remove and replace (at the Contractor’s expense) areas of the pavement that contain irregularities and areas where the mixture does not bond to the existing pavement. If irregularities are detected, the Engineer may require the Contractor to immediately suspend operations or may allow the Contractor to continue operations for no more than one day while the Contractor is taking appropriate corrective action.

4.9.6. Ride Quality. Use Surface Test Type A to evaluate ride quality in accordance with Item 585, “Ride Quality for Pavement Surfaces,” unless otherwise shown on the plans.

5. MEASUREMENT

Hot mix will be measured by the ton of composite hot-mix, which includes asphalt, aggregate, and additives. Measure the weight on scales in accordance with Item 520, “Weighing and Measuring Equipment.”

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340 6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under Article 340.5., “Measurement,” will be paid for at the unit bid price for “Dense Graded Hot-Mix Asphalt (SQ)” of the mixture type, SAC, and binder specified. These prices are full compensation for surface preparation, materials including tack coat, placement, equipment, labor, tools, and incidentals.

Trial batches will not be paid for unless they are included in pavement work approved by the Department.

Payment adjustment for ride quality, if applicable, will be determined in accordance with Item 585, “Ride Quality for Pavement Surfaces.”

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340-003

Special Provision to Item 340 Dense-Graded Hot-Mix Asphalt (Small Quantity)

For this project, Item 340, “Dense-Graded Hot-Mix Asphalt (Small Quantity),” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Section 340.2.5., “Tack Coat.” The first paragraph is voided and replaced by the following.

Furnish CSS-1H, SS-1H, or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300, “Asphalts, Oils, and Emulsions.” Specialized tack coat materials listed on the Department’s MPL are allowed or required when shown on the plans. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use.

Section 340.4.1., “Certification.” The paragraph is voided and replaced by the following.

Certification. Personnel certified by the Department-approved hot-mix asphalt certification program must conduct all mixture designs, sampling, and testing in accordance with Table 6. Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel changes are made. Provide a mixture design developed and signed by a Level 2 certified specialist. Provide Level 1A certified specialists at the plant during production operations. Provide Level 1B certified specialists to conduct placement tests. Provide Level AGG101 certified specialists for aggregate testing.

Table 6, “Test Methods, Test Responsibility, and Minimum Certification Levels” is voided and replaced by the following.

1 - 3 07-19 Statewide 340-003

Table 6 Test Methods, Test Responsibility, and Minimum Certification Levels Test Description Test Method Contractor Engineer Level1 1. Aggregate and Recycled Material Testing Sampling Tex-221-F   1A/AGG101 Dry sieve Tex-200-F, Part I   1A/AGG101 Washed sieve Tex-200-F, Part II   1A/AGG101 Deleterious material Tex-217-F, Parts I & III   AGG101 Decantation Tex-217-F, Part II   AGG101 Los Angeles abrasion Tex-410-A  TxDOT Magnesium sulfate soundness Tex-411-A  TxDOT Micro-Deval abrasion Tex-461-A  AGG101 Crushed face count Tex-460-A   AGG101 Flat and elongated particles Tex-280-F   AGG101 Linear shrinkage Tex-107-E   AGG101 Sand equivalent Tex-203-F   AGG101 Organic impurities Tex-408-A   AGG101 2. Asphalt Binder & Tack Coat Sampling Asphalt binder sampling Tex-500-C, Part II   1A/1B Tack coat sampling Tex-500-C, Part III   1A/1B 3. Mix Design & Verification Design and JMF changes Tex-204-F   2 Mixing Tex-205-F   2 Molding (TGC) Tex-206-F   1A Molding (SGC) Tex-241-F   1A Laboratory-molded density Tex-207-F, Parts I & VI   1A Rice gravity Tex-227-F, Part II   1A Ignition oven correction factors2 Tex-236-F, Part II   2 Indirect tensile strength Tex-226-F   1A Hamburg Wheel test Tex-242-F   1A Boil test Tex-530-C   1A 4. Production Testing Mixture sampling Tex-222-F   1A/1B Molding (TGC) Tex-206-F  1A Molding (SGC) Tex-241-F  1A Laboratory-molded density Tex-207-F, Parts I & VI  1A Rice gravity Tex-227-F, Part II  1A Gradation & asphalt binder content2 Tex-236-F, Part I  1A Moisture content Tex-212-F, Part II  1A/AGG101 Hamburg Wheel test Tex-242-F  1A Boil test Tex-530-C  1A 5. Placement Testing In-place air voids Tex-207-F, Parts I & VI  1A In-place density (nuclear method) Tex-207-F, Part III  1B Establish rolling pattern Tex-207-F, Part IV  1B Ride quality measurement Tex-1001-S   Note 3 1. Level 1A, 1B, AGG101, and 2 are certification levels provided by the Hot Mix Asphalt Center certification program. 2. Refer to Section 340.4.8.3., “Production Testing,” for exceptions to using an ignition oven. 3. Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test Type B is specified.

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Section 340.4.4.2., Mixing and Discharge of Materials.” The first paragraph is voided and replaced by the following.

Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target. Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed 350°F (or 275°F for WMA). The Department will not pay for or allow placement of any mixture produced above 350°F.

Section 340.4.6.2., “Tack Coat.” The paragraph is voided and replaced by the following.

4.6.2.1 Application. Clean the surface before placing the tack coat. The Engineer will set the rate between 0.04 and 0.10 gal. of residual asphalt per square yard of surface area. Apply a uniform tack coat at the specified rate unless otherwise directed. Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns. Apply the tack coat to all surfaces the will come in contact with the subsequent HMA placement, unless otherwise directed. Allow adequate time for emulsion to break completely before placing any material. Prevent splattering of tack coat when placed adjacent to curb, gutter, and structures. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use.

4.6.2.2 Sampling. The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C, Part III, and test it to verify compliance with Item 300, “Asphalts, Oils, and Emulsions.” The Engineer will obtain the sample from the asphalt distributor immediately before use.

For emulsions, the Engineer may test as often as necessary to ensure the residual of the emulsion is greater than or equal to the specification requirement in Item 300, “Asphalts, Oils, and Emulsions.”

Section 340.5., “Measurement,” is voided and replaced by the following.

5.1 Dense Graded Hot-Mix Asphalt (SQ). Hot mix will be measured by the ton of composite hot-mix, which includes asphalt, aggregate, and additives. Measure the weight on scales in accordance with Item 520, “Weighing and Measuring Equipment.”

5.2 Tack Coat. Tack coat will be measured at the applied temperature by strapping the tank before and after road application and determining the net volume in gallons from the calibrated distributor. The Engineer will witness all strapping operations for volume determination. All tack, including emulsions, will be measured by the gallon applied.

The Engineer may allow the use of a metering device to determine asphalt volume used and application rate if the device is accurate within 1.5% of the strapped volume.

Section 340.6., “Payment,” the first paragraph is voided and replaced with the following.

The work performed and materials furnished in accordance with this Item and measured as provided under Article 340.5.1, “Measurement,” will be paid for at the unit bid price for “Dense Graded Hot-Mix Asphalt (SQ)” of the mixture type, SAC, and binder specified. These prices are full compensation for surface preparation, materials, placement, equipment, labor, tools, and incidentals.

Section 340.6., “Payment,” is supplemented by the following.

The work performed and materials furnished in accordance with this Item and measured as provided under Section 340.5.2, “Measurement,” will be paid for at the unit bid price for “Tack Coat” of the tack coat provided. These prices are full compensation for materials, placement, equipment, labor, tools, and incidentals.

3 - 3 07-19 Statewide 432

Item 432 Riprap

1. DESCRIPTION

Furnish and place concrete, stone, cement-stabilized, or special riprap.

2. MATERIALS

Furnish materials in accordance with the following Items.  Item 420, “Concrete Substructures,”  Item 421, “Hydraulic Cement Concrete,”  Item 431, “Pneumatically Placed Concrete,”  Item 440, “Reinforcement for Concrete,” and  DMS-6200, “Filter Fabric.”

2.1. Concrete Riprap. Use Class B Concrete unless otherwise shown on the plans.

2.2. Pneumatically Placed Concrete Riprap. Use Class II concrete that meets Item 431, “Pneumatically Placed Concrete,” unless otherwise shown on the plans.

2.3. Stone Riprap. Use durable natural stone with a bulk specific gravity of at least 2.50 as determined by Tex-403-A unless otherwise shown on the plans. Provide stone that, when tested in accordance with Tex-411-A, has weight loss of no more than 18% after 5 cycles of magnesium sulfate solution.

Perform a size verification test on the first 5,000 sq. yd. of finished riprap stone for all types of stone riprap at a location determined by the Engineer. Test the riprap stone in accordance with ASTM D5519. Additional tests may be required. Do not place additional riprap until the initial 5,000 sq. yd. of riprap has been approved.

Provide grout or mortar in accordance with Item 421, “Hydraulic Cement Concrete,” when specified. Provide grout with a consistency that will flow into and fill all voids.

Provide filter fabric in accordance with DMS-6200, “Filter Fabric.” Provide Type 2 filter fabric for protection stone riprap unless otherwise shown on the plans. Provide Type 2 filter fabric for Type R, F, or Common stone riprap when shown on the plans.

2.3.1. Type R. Use stones between 50 and 250 lb. with at least 50% of the stones heavier than 100 lb.

2.3.2. Type F. Use stones between 50 and 250 lb. with at least 40% of the stones heavier than 100 lb. Use stones with at least 1 broad flat surface.

2.3.3. Common. Use stones between 50 and 250 lb. Use stones that are at least 3 in. in their least dimension. Use stones that are at least twice as wide as they are thick. When shown on the plans or approved, material may consist of broken concrete removed under the Contract or from other approved sources. Cut exposed reinforcement flush with all surfaces before placement of each piece of broken concrete.

2.3.4. Protection. Use boulders or quarried rock that meets the gradation requirements of Table 1. Both the width and the thickness of each piece of riprap must be at least 1/3 of the length. When shown on the plans or as approved, material may consist of broken concrete removed under the Contract or from other approved sources. Cut exposed reinforcement flush with all surfaces before placement of each piece of broken

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432 concrete. Determine gradation of the finished, in-place, riprap stone under the direct supervision of the Engineer in accordance with ASTM D5519. Table 1 In-Place Protection Riprap Gradation Requirements Maximum Size 90% Size1 50% Size2 8% Size3 Size (lb.) (lb.) (lb.) Minimum (lb.) 12 in. 200 80–180 30–75 3 15 in. 320 170–300 60–165 20 18 in. 530 290–475 105–220 22 21 in. 800 460–720 175–300 25 24 in. 1,000 550–850 200–325 30 30 in. 2,600 1,150–2,250 400–900 40 1. Defined as that size such that 10% of the total riprap stone, by weight, is larger and 90% is smaller. 2. Defined as that size such that 50% of the total riprap stone, by weight, is larger and 50% is smaller. 3. Defined as that size such that 92% of the total riprap stone, by weight, is larger and 8% is smaller.

The Engineer may require in-place verification of the stone size. Determine the in-place size of the riprap stone by taking linear transects along the riprap and measuring the intermediate axis of the stone at select intervals. Place a tape measure along the riprap and determine the intermediate axis size of the stone at 2 ft. intervals. Measure a minimum of 100 stones, either in a single transect or in multiple transects, then follow ASTM D5519 Test Procedure Part B to determine the gradation. Table 2 is a guide for comparing the stone size in inches to the stone weight shown in Table 1. Table 2 Protection Riprap Stone Size1 Dmax D90 D50 D8 Size (in.) (in.) (in.) (in.) 12 in. 13.76 10.14–13.29 7.31–9.92 3.39 15 in. 16.10 13.04–15.75 9.21–12.91 6.39 18 in. 19.04 15.58–18.36 11.10–14.21 6.59 21 in. 21.85 18.17–21.09 13.16–15.75 6.88 24 in. 23.53 19.28–22.29 13.76–16.18 7.31 30 in. 32.36 24.65–30.84 17.34–22.72 8.05 1. Based on a Specific Gravity of 2.5 and using the following equation for the intermediate axis diameter D = {(12*W)/(Gs*62.4*0.85)}1/3

where: D = intermediate axis diameter in in.; W = weight of stone in lbs.; Gs = Specific Gravity of stone. Note—If the Specific Gravity of the stone is different than 2.5, then the above equation can be used to determine the appropriate size using the actual Specific Gravity.

If required, provide bedding stone that, in-place, meets the gradation requirements shown in Table 3 or as otherwise shown on the plans. Determine the size distribution in Table 3 in accordance with ASTM D6913. Table 3 Protection Riprap Bedding Material Gradation Requirements Sieve Size (Sq. Mesh) % by Weight Passing 3" 100 1-1/2" 50–80 3/4" 20–60 #4 0–15 #10 0–5

2.4. Cement-Stabilized Riprap. Provide aggregate that meets Item 247, “Flexible Base,” for the type and grade shown on the plans. Use cement-stabilized riprap with 7% hydraulic cement by dry weight of the aggregate.

2.5. Special Riprap. Furnish materials for special riprap according to the plans.

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432 3. CONSTRUCTION

Dress slopes and protected areas to the line and grade shown on the plans before the placement of riprap. Place riprap and toe walls according to details and dimensions shown on the plans or as directed.

3.1. Concrete Riprap. Reinforce concrete riprap with 6 × 6 – W2.9 × W2.9 welded wire fabric or with No. 3 or No. 4 reinforcing bars spaced at a maximum of 18 in. in each direction unless otherwise shown. Alternative styles of welded wire fabric that provide at least 0.058 sq. in. of steel per foot in both directions may be used if approved. A combination of welded wire fabric and reinforcing bars may be provided when both are permitted. Provide a minimum 6-in. lap at all splices. Provide horizontal cover of at least 1 in. and no more than 3 in. at the edge of the riprap. Place the first parallel bar no more than 6 in. from the edge of concrete. Use approved supports to hold the reinforcement approximately equidistant from the top and bottom surface of the slab. Adjust reinforcement during concrete placement to maintain correct position.

Sprinkle or sprinkle and consolidate the subgrade before the concrete is placed as directed. All surfaces must be moist when concrete is placed.

Compact and shape the concrete once it has been placed to conform to the dimensions shown on the plans. Finish the surface with a wood float after it has set sufficiently to avoid slumping to secure a smooth surface or broom finish as approved.

Cure the riprap immediately after the finishing operation according to Item 420, “Concrete Substructures.”

3.2. Stone Riprap. Provide the following types of stone riprap when shown on the plans:  Dry Riprap. Stone riprap with voids filled with only spalls or small stones.  Grouted Riprap. Type R, F, or Common stone riprap with voids grouted after all the stones are in place.  Mortared Riprap. Type F stone riprap laid and mortared as each stone is placed.

Use spalls and small stones lighter than 25 lb. to fill open joints and voids in stone riprap, and place to a tight fit.

Place mortar or grout only when the air temperature is above 35°F. Protect work from rapid drying for at least 3 days after placement.

Place filter fabric with the length running up and down the slope unless otherwise approved. Ensure fabric has a minimum overlap of 2 ft. Secure fabric with nails or pins. Use nails at least 2 in. long with washers or U-shaped pins with legs at least 9 in. long. Space nails or pins at a maximum of 10 ft. in each direction and 5 ft. along the seams. Alternative anchorage and spacing may be used when approved.

3.2.1. Type R. Construct riprap as shown in Figure 1 on the Stone Riprap Standard and as shown on the plans. Place stones in a single layer with close joints so most of their weight is carried by the earth and not the adjacent stones. Place the upright axis of the stones at an angle of approximately 90° to the embankment slope. Place each course from the bottom of the embankment upward with the larger stones in the lower courses.

Fill open joints between stones with spalls. Place stones to create a uniform finished top surface. Do not exceed a 6-in. variation between the tops of adjacent stones. Replace, embed deeper, or chip away stones that project more than the allowable amount above the finished surface.

Prevent earth, sand, or foreign material from filling the spaces between the stones when the plans require Type R stone riprap to be grouted. Wet the stones thoroughly after they are in place, fill the spaces between the stones with grout, and pack. Sweep the surface of the riprap with a stiff broom after grouting.

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432 3.2.2. Type F.

3.2.2.1. Dry Placement. Construct riprap as shown in Figure 2 on the Stone Riprap Standard. Set the flat surface on a prepared horizontal earth bed, and overlap the underlying course to secure a lapped surface. Place the large stones first, roughly arranged in close contact. Fill the spaces between the large stones with suitably sized stones placed to leave the surface evenly stepped and conforming to the contour required. Place stone to drain water down the face of the slope.

3.2.2.2. Grouting. Construct riprap as shown in Figure 3 on the Stone Riprap Standard. Size, shape, and lay large flat-surfaced stones to produce an even surface with minimal voids. Place stones with the flat surface facing upward parallel to the slope. Place the largest stones near the base of the slope. Fill spaces between the larger stones with stones of suitable size, leaving the surface smooth, tight, and conforming to the contour required. Place the stones to create a plane surface with a variation no more than 6 in. in 10 ft. from true plane. Provide the same degree of accuracy for warped and curved surfaces. Prevent earth, sand, or foreign material from filling the spaces between the stones. Wet the stones thoroughly after they are in place, fill the spaces between them with grout, and pack. Sweep the surface with a stiff broom after grouting.

3.2.2.3. Mortaring. Construct riprap as shown in Figure 2 on the Stone Riprap Standard. Lap courses as described for dry placement. Wet the stones thoroughly before placing mortar. Bed the larger stones in fresh mortar as they are being place and shove adjacent stones into contact with one another. Spread excess mortar forced out during placement of the stones uniformly over them to fill all voids completely. Point up all joints roughly either with flush joints or shallow, smooth-raked joints as directed.

3.2.3. Common. Construct riprap as shown in Figure 4 on the Stone Riprap Standard. Place stones on a bed excavated for the base course. Bed the base course of stone well into the ground with the edges in contact. Bed and place each succeeding course in even contact with the preceding course. Use spalls and small stones to fill any open joints and voids in the riprap. Ensure the finished surface presents an even, tight surface, true to the line and grades of the typical sections.

Prevent earth, sand, or foreign material from filling the spaces between the stones when the plans require grouting common stone riprap. Wet the stones thoroughly after they are in place; fill the spaces between them with grout; and pack. Sweep the surface with a stiff broom after grouting.

3.2.4. Protection. Construct riprap as shown in Figure 5 on the Stone Riprap Standard. Place riprap stone on the slopes within the limits shown on the plans. Place stone for riprap on the filter fabric to produce a reasonably well-graded mass of riprap with the minimum practicable percentage of voids. Construct the riprap to the lines and grades shown on the plans or staked in the field. A tolerance of +6 in. and −0 in. from the slope line and grades shown on the plans is allowed in the finished surface of the riprap. Place riprap to its full thickness in a single operation. Avoid displacing the filter fabric. Ensure the entire mass of stones in their final position is free from objectionable pockets of small stones and clusters of larger stones. Do not place riprap in layers, and do not place it by dumping it into chutes, dumping it from the top of the slope, pushing it from the top of the slope, or any method likely to cause segregation of the various sizes. Obtain the desired distribution of the various sizes of stones throughout the mass by selective loading of material at the quarry or other source or by other methods of placement that will produce the specified results. Rearrange individual stones by mechanical equipment or by hand if necessary to obtain a reasonably well-graded distribution of stone sizes. Use the bedding thickness shown and place stone for riprap on the bedding material to produce a reasonably well-graded mass of riprap with the minimum practicable percentage of voids if required on the plans.

3.3. Pneumatically Placed Concrete Riprap, Class II. Meet Item 431, “Pneumatically Placed Concrete.” Provide reinforcement following the details on the plans and Item 440, “Reinforcement for Concrete.” Support reinforcement with approved supports throughout placement of concrete.

Give the surface a wood-float finish or a gun finish as directed. Cure the riprap with membrane-curing compound immediately after the finishing operation in accordance with Item 420, “Concrete Substructures.”

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432 3.4. Cement-Stabilized Riprap. Follow the requirements of the plans and the provisions for concrete riprap except when reinforcement is not required. The Engineer will approve the design and mixing of the cement- stabilized riprap.

3.5. Special Riprap. Construct special riprap according to the plans.

4. MEASUREMENT

This Item will be measured by the cubic yard of material complete in place. Volume will be computed on the basis of the measured area in place and the thickness and toe wall width shown on the plans.

If required on the plans, the pay quantity of the bedding material for stone riprap for protection to be paid for will be measured by the cubic yard as computed from the measured area in place and the bedding thickness shown on the plans.

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Riprap” of the type, thickness, and void-filling technique (Dry, Grout, Mortar) specified, as applicable. This price is full compensation for furnishing, hauling, and placing riprap and for filter fabric, expansion joint material, concrete and reinforcing steel, grout and mortar, scales, test weights, equipment, labor, tools, and incidentals.

Payment for excavation of toe wall trenches, for all necessary excavation below natural ground or bottom of excavated channel, and for shaping of slopes for riprap will be included in the unit price bid per cubic yard of riprap.

When bedding is required for protection stone riprap, payment will be made at the unit price for “Bedding Material” of the thickness specified. This price is full compensation for furnishing, hauling, placing, and maintaining the bedding material until placement of the riprap cover is completed and accepted; excavation required for placement of bedding material; and equipment, scales, test weights, labor, tools, and incidentals. No payment will be made for excess thickness of bedding nor for material required to replace embankment material lost by rain wash, wind erosion, or otherwise.

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500

Item 500 Mobilization

1. DESCRIPTION

Establish and remove offices, plants, and facilities. Move personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. Bonds and insurance are required for performing mobilization.

For Contracts with emergency mobilization, provide a person and method of contact available 24 hrs. a day, 7 days a week unless otherwise shown on the plans. The time of notice will be the transmission time of the written notice or notice provided orally by the Department’s representative.

2. MEASUREMENT

This Item will be measured by the lump sum or each as the work progresses. Mobilization is calculated on the base bid only and will not be paid for separately on any additive alternate items added to the Contract.

3. PAYMENT

For this Item, the adjusted Contract amount will be calculated as the total Contract amount less the lump sum for mobilization. Except for Contracts with callout or emergency work, mobilization will be paid in partial payments as follows:  Payment will be made upon presentation of a paid invoice for the payment or performance bonds and required insurance,  Payment will be made upon verification of documented expenditures for plant and facility setup. The combined amount for all these facilities will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less,  When 1% of the adjusted Contract amount for construction Items is earned, 50% of the mobilization lump sum bid or 5% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount,  When 5% of the adjusted Contract amount for construction Items is earned, 75% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under the Item will be deducted from this amount,  When 10% of the adjusted Contract amount for construction Items is earned, 90% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount,  Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous payments under this Item will be deducted from this amount, and  Payment for the remainder of the lump sum bid for “Mobilization” will be made after all submittals are received, final quantities have been determined and when any separate vegetative establishment and maintenance, test, and performance periods provided for in the Contract have been successfully completed.

For projects with extended maintenance or performance periods, payment for the remainder of the lump sum bid for “Mobilization” will be made 6 months after final acceptance.

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500 For Contracts with callout or emergency work, “Mobilization,” will be paid as follows:  Payment will be made upon presentation of a paid invoice for the payment of performance bonds and required insurance,  Mobilization for callout work will be paid for each callout work request, and  Mobilization for emergency work will be paid for each emergency work request.

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502

Item 502 Barricades, Signs, and Traffic Handling

1. DESCRIPTION

Provide, install, move, replace, maintain, clean, and remove all traffic control devices shown on the plans and as directed.

2. CONSTRUCTION

Comply with the requirements of Article 7.2., “Safety.”

Implement the traffic control plan (TCP) shown on the plans.

Install traffic control devices straight and plumb. Make changes to the TCP only as approved. Minor adjustments to meet field conditions are allowed.

Submit Contractor-proposed TCP changes, signed and sealed by a licensed professional engineer, for approval. The Engineer may develop, sign, and seal Contractor-proposed changes. Changes must conform to guidelines established in the TMUTCD using approved products from the Department’s Compliant Work Zone Traffic Control Device List.

Maintain traffic control devices by taking corrective action when notified. Corrective actions include, but are not limited to, cleaning, replacing, straightening, covering, and removing devices. Maintain the devices such that they are properly positioned and spaced, legible, and have retroreflective characteristics that meet requirements day or night and in all weather conditions.

The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs. When project limit advance warning signs are removed before final acceptance, provide traffic control in accordance with the TMUTCD for minor operations as approved.

Remove all traffic control devices upon completion of the work as shown on the plans or as directed.

3. MEASUREMENT

Barricades, Signs, and Traffic Handling will be measured by the month. Law enforcement personnel with patrol vehicles will be measured by the hour for each person.

4. PAYMENT

4.1. Barricades, Signs, and Traffic Handling. Except for Contracts with callout work and work orders, the work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Barricades, Signs, and Traffic Handling.” This price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor, tools, and incidentals.

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Barricades, Signs, and Traffic Handling.” This price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor, tools, and incidentals.

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502 When the plans establish pay items for particular work in the TCP, that work will be measured and paid under pertinent Items.

4.1.1. Initiation of Payment. Payment for this Item will begin on the first estimate after barricades, signs, and traffic handling devices have been installed in accordance with the TCP and construction has begun.

4.1.2. Paid Months. Monthly payment will be made each succeeding month for this Item provided the barricades, signs, and traffic handling devices have been installed and maintained in accordance with the TCP until the Contract amount has been paid.

If, within the time frame established by the Engineer, the Contractor fails to provide or properly maintain signs and barricades in compliance with the Contract requirements, as determined by the Engineer, the Contractor will be considered in noncompliance with this Item. No payment will be made for the months in question, and the total final payment quantity will be reduced by the number of months the Contractor was in noncompliance.

4.1.3. Maximum Total Payment Before Acceptance. The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.12., “Final Acceptance.” The remaining balance will be paid in accordance with Section 502.4.1.5., “Balance Due.”

4.1.4. Total Payment Quantity. The quantity paid under this Item will not exceed the total quantity shown on the plans except as modified by change order and as adjusted by Section 502.4.1.2., “Paid Months.” An overrun of the plans quantity for this Item will not be allowed for approving designs; testing; material shortages; closed construction seasons; curing periods; establishment, performance, test, and maintenance periods; failure to complete the work in the number of months allotted; nor delays caused directly or indirectly by requirements of the Contract.

4.1.5. Balance Due. The remaining unpaid months of barricades less non-compliance months will be paid on final acceptance of the project, if all work is complete and accepted in accordance with Article 5.12., “Final Acceptance.”

4.1.6. Contracts with Callout Work and Work Orders. The work performed and the materials furnished with this Item and measured as provided under “Measurement,” will be considered subsidiary to pertinent Items, except for federally funded Contracts.

4.2. Law Enforcement Personnel. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement,” will be paid by Contractor force account for “Law Enforcement Personnel.” This price is full compensation for furnishing all labor, materials, supplies, equipment, patrol vehicle, fees, and incidentals necessary to complete the work as directed.

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502-008

Special Provision to Item 502 Barricades, Signs and Traffic Handling

Item 502, “Barricades, Signs and Traffic Handling” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 502.1., “Description,” is supplemented by the following:

Temporary work-zone (TWZ) traffic control devices manufactured after December 31, 2019, must have been successfully tested to the crashworthiness requirements of the 2016 edition of the Manual for Assessing Safety Hardware (MASH). Such devices manufactured on or before this date and successfully tested to NCHRP Report 350 or the 2009 edition of MASH may continue to be used throughout their normal service lives. An exception to the manufacture date applies when, based on the project’s date of letting, a category of MASH-2016 compliant TWZ traffic control devices are not approved, or are not self-certified after the December 31, 2019, date. In such case, devices that meet NCHRP-350 or MASH-2009 may be used regardless of the manufacture date.

Such TWZ traffic control devices include: portable sign supports, barricades, portable traffic barriers designated exclusively for use in temporary work zones, crash cushions designated exclusively for use in temporary work zones, longitudinal channelizers, truck and trailer mounted attenuators. Category I Devices (i.e., lightweight devices) such as cones, tubular markers and drums without lights or signs attached however, may be self-certified by the vendor or provider, with documentation provided to Department or as are shown on Department’s Compliant Work Zone Traffic Control Device List.

Article 502.4., “Payment,” is supplemented by the following:

Truck mounted attenuators and trailer attenuators will be paid for under Special Specification, “Truck Mounted Attenuator (TMA) and Trailer Attenuator (TA).” Portable Changeable Message Signs will be paid for under Special Specification, “Portable Changeable Message Sign.” Portable Traffic Signals will be paid for under Special Specification, “Portable Traffic Signals.”

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Item 506 Temporary Erosion, Sedimentation, and Environmental Controls

1. DESCRIPTION

Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) on the plans and the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000. Control measures are defined as Best Management Practices used to prevent or reduce the discharge of pollutants. Control measures include, but are not limited to, rock filter dams, temporary pipe slope drains, temporary paved flumes, construction exits, earthwork for erosion control, pipe, construction perimeter fence, sandbags, temporary sediment control fence, biodegradable erosion control logs, vertical tracking, temporary or permanent seeding, and other measures. Erosion and sediment control devices must be selected from the Erosion Control Approved Products or Sediment Control Approved Products lists. Perform work in a manner to prevent degradation of receiving waters, facilitate project construction, and comply with applicable federal, state, and local regulations. Ensure the installation and maintenance of control measures is performed in accordance with the manufacturer’s or designer’s specifications.

Provide the Contractor Certification of Compliance before performing SWP3 or soil disturbing activities. By signing the Contractor Certification of Compliance, the Contractor certifies they have read and understand the requirements applicable to this project pertaining to the SWP3, the plans, and the TPDES General Permit TXR150000. The Contractor is responsible for any penalties associated with non-performance of installation or maintenance activities required for compliance. Ensure the most current version of the certificate is executed for this project.

2. MATERIALS

Furnish materials in accordance with the following:  Item 161, “Compost,”  Item 432, “Riprap,” and  Item 556, “Pipe Underdrains.”

2.1. Rock Filter Dams.

2.1.1. Aggregate. Furnish aggregate with approved hardness, durability, cleanliness, and resistance to crumbling, flaking, and eroding. Provide the following:  Types 1, 2, and 4 Rock Filter Dams. Use 3 to 6 in. aggregate.  Type 3 Rock Filter Dams. Use 4 to 8 in. aggregate.

2.1.2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams. Type 4 dams require:  a double-twisted, hexagonal weave with a nominal mesh opening of 2-1/2 × 3-1/4 in.;  minimum 0.0866 in. steel wire for netting;  minimum 0.1063 in. steel wire for selvages and corners; and  minimum 0.0866 in. for binding or tie wire.

2.1.3. Sandbag Material. Furnish sandbags meeting Section 506.2.8., “Sandbags,” except that any gradation of aggregate may be used to fill the sandbags.

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506 2.2. Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing, watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections that conform to the plans. Recycled and other materials meeting these requirements are allowed if approved.

Furnish concrete in accordance with Item 432, “Riprap.”

2.3. Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable non-erodible material that conforms to the plans. Provide rock or rubble with a minimum diameter of 6 in. and a maximum volume of 1/2 cu. ft. for the construction of energy dissipaters.

2.4. Construction Exits. Provide materials that meet the details shown on the plans and this Section.

2.4.1. Rock Construction Exit. Provide crushed aggregate for long- and short-term construction exits. Furnish aggregates that are clean, hard, durable, and free from adherent coatings such as salt, alkali, dirt, clay, loam, shale, soft or flaky materials, and organic and injurious matter. Use 4- to 8-in. aggregate for Type 1. Use 2- to 4-in. aggregate for Type 3.

2.4.2. Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-term construction exits, free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. Provide plywood or pressed wafer board at least 1/2 in. thick for short-term exits.

2.4.3. Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic cement concrete, or other materials as shown on the plans or directed.

2.5. Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a stable embankment to meet the intended use.

2.6. Pipe. Provide pipe outlet material in accordance with Item 556, “Pipe Underdrains,” and details shown on the plans.

2.7. Construction Perimeter Fence.

2.7.1. Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts with a minimum diameter of 3 in., or use nominal 2 × 4 in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 × 1-1/5 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.25 lb. per foot.

2.7.2. Fence. Provide orange construction fencing as approved.

2.7.3. Fence Wire. Provide 14 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie wire.

2.7.4. Flagging. Provide brightly-colored flagging that is fade-resistant and at least 3/4 in. wide to provide maximum visibility both day and night.

2.7.5. Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long.

2.7.6. Used Materials. Previously used materials meeting the applicable requirements may be used if approved.

2.8. Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 oz. per square yard, a Mullen burst-strength exceeding 300 psi, and an ultraviolet stability exceeding 70%.

Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled sandbags must be 24 to 30 in. long, 16 to 18 in. wide, and 6 to 8 in. thick.

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506 Table 1 Sand Gradation Sieve Size Retained (% by Weight) #4 Maximum 3% #100 Minimum 80% #200 Minimum 95%

Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic. The aggregate size must not exceed 3/8 in.

2.9. Temporary Sediment Control Fence. Provide a net-reinforced fence using woven geo-textile fabric. Logos visible to the traveling public will not be allowed.

2.9.1. Fabric. Provide fabric materials in accordance with DMS-6230, “Temporary Sediment Control Fence Fabric.”

2.9.2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise shown on the plans. Furnish soft wood posts at least 3 in. in diameter, or use nominal 2 × 4 in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 × 1-1/2 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.25 lb. per foot.

2.9.3. Net Reinforcement. Provide net reinforcement of at least 12.5 gauge (SWG) galvanized welded wire mesh, with a maximum opening size of 2 × 4 in., at least 24 in. wide, unless otherwise shown on the plans.

2.9.4. Staples. Provide staples with a crown at least 3/4 in. wide and legs 1/2 in. long.

2.9.5. Used Materials. Use recycled material meeting the applicable requirements if approved.

2.10. Biodegradable Erosion Control Logs.

2.10.1. Core Material. Furnish core material that is biodegradable or recyclable. Use compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material unless specifically called out on the plans. Permit no more than 5% of the material to escape from the containment mesh. Furnish compost meeting the requirements of Item 161, “Compost.”

2.10.2. Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable, or recyclable such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material.

Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system.

Furnish recyclable containment mesh for temporary installations.

2.10.3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff containment mesh densely so logs do not deform.

3. QUALIFICATIONS, TRAINING, AND EMPLOYEE REQUIREMENTS

3.1. Contractor Responsible Person Environmental (CRPE) Qualifications and Responsibilities. Provide and designate in writing at the preconstruction conference a CRPE and alternate CRPE who have overall responsibility for the storm water management program. The CRPE will implement storm water and erosion control practices; will oversee and observe storm water control measure monitoring and management; will monitor the project site daily and produce daily monitoring reports as long as there are BMPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES General Permit TXR150000. During time suspensions when work is not occurring or on contract non-work days, daily inspections are not required unless a rain event has occurred. The CRPE will provide recommendations on how to improve the effectiveness of control measures. Attend the Department’s preconstruction conference

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506 for the project. Ensure training is completed as identified in Section 506.3.3., “Training,” by all applicable personnel before employees work on the project. Document and submit a list, signed by the CRPE, of all applicable Contractor and subcontractor employees who have completed the training. Include the employee’s name, the training course name, and date the employee completed the training. Provide the most current list at the preconstruction conference or before SWP3 or soil disturbing activities. Update the list as needed and provide the updated list when updated.

3.2. Contractor Superintendent Qualifications and Responsibilities. Provide a superintendent that is competent, has experience with and knowledge of storm water management, and is knowledgeable of the requirements and the conditions of the TPDES General Permit TXR150000. The superintendent will manage and oversee the day to day operations and activities at the project site; work with the CRPE to provide effective storm water management at the project site; represent and act on behalf of the Contractor; and attend the Department’s preconstruction conference for the project.

3.3. Training. All Contractor and subcontractor employees involved in soil disturbing activities, small or large structures, storm water control measures, and seeding activities must complete training as prescribed by the Department.

4. CONSTRUCTION

4.1. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed. Coordinate storm water management with all other work on the project. Develop and implement an SWP3 for project-specific material supply plants within and outside of the Department’s right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site.

4.2. Implementation. The CRPE, or alternate CRPE, must be accessible by phone and able to respond to project-related storm water management or other environmental emergencies 24 hr. per day.

4.2.1. Commencement. Implement the SWP3 as shown and as directed. Contractor-proposed recommendations for changes will be allowed as approved. Conform to the established guidelines in the TPDES General Permit TXR150000 to make changes. Do not implement changes until approval has been received and changes have been incorporated into the plans. Minor adjustments to meet field conditions are allowed and will be recorded in the SWP3.

4.2.2. Phasing. Implement control measures before the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans. Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective, safe, and continuous water pollution prevention. Provide control measures that are appropriate to the construction means, methods, and sequencing allowed by the Contract. Exercise precaution throughout the life of the project to prevent pollution of ground waters and surface waters. Schedule and perform clearing and grubbing operations so that stabilization measures will follow immediately thereafter if project conditions permit. Bring all grading sections to final grade as soon as possible and implement temporary and permanent control measures at the earliest time possible. Implement temporary control measures when required by the TPDES General Permit TXR150000 or otherwise necessitated by project conditions.

Do not prolong final grading and shaping. Preserve vegetation where possible throughout the project, and minimize clearing, grubbing, and excavation within stream banks, bed, and approach sections.

4.3. General.

4.3.1. Temporary Alterations or Control Measure Removal. Altering or removal of control measures is allowed when control measures are restored within the same working day.

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506 4.3.2. Stabilization. Initiate stabilization for disturbed areas no more than 14 days after the construction activities in that portion of the site have temporarily or permanently ceased. Establish a uniform vegetative cover or use another stabilization practice in accordance with the TPDES General Permit TXR150000.

4.3.3. Finished Work. Remove and dispose of all temporary control measures upon acceptance of vegetative cover or other stabilization practice unless otherwise directed. Complete soil disturbing activities and establish a uniform perennial vegetative cover. A project will not be considered for acceptance until a vegetative cover of 70% density of existing adjacent undisturbed areas is obtained or equivalent permanent stabilization is obtained in accordance with the TPDES General Permit TXR150000. An exception will be allowed in arid areas as defined in the TPDES General Permit TXR150000.

4.3.4. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on-site to prevent actual or potential water pollution. Manage, control, and dispose of litter on-site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only as described in the TPDES General Permit TXR150000. Use appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e., dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law.

4.4. Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, according to manufacturers’ guidelines, and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as approved.

The Department will inspect and document the condition of the control measures at the frequency shown on the plans and will provide the Construction SWP3 Field Inspection and Maintenance Reports to the Contractor. Make corrections as soon as possible before the next anticipated rain event or within 7 calendar days after being able to enter the worksite for each control measure. The only acceptable reason for not accomplishing the corrections with the time frame specified is when site conditions are “Too Wet to Work.” Take immediate action if a correction is deemed critical as directed. When corrections are not made within the established time frame, all work will cease on the project and time charges will continue while the control measures are brought into compliance. Commence work once the Engineer reviews and documents the project is in compliance. Commencing work does not release the Contractor of the liability for noncompliance of the SWP3, plans, or TPDES General Permit TXR150000.

The Engineer may limit the disturbed area if the Contractor cannot control soil erosion and sedimentation resulting from the Contractor’s operations. Implement additional controls as directed.

Remove devices upon approval or as directed. Finish-grade and dress the area upon removal. Stabilize disturbed areas in accordance with the permit, and as shown on the plans or directed. Materials removed are considered consumed by the project. Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required.

4.4.1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor’s option.

Place the aggregate to the lines, height, and slopes specified, without undue voids for Types 1, 2, 3, and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties, or hog rings for Types 2 and 3, or as directed. Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams according to the following criteria unless otherwise shown on the plans:

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506 4.4.1.1. Type 1 (Non-Reinforced).  Height. At least 18 in. measured vertically from existing ground to top of filter dam.  Top Width. At least 2 ft.  Slopes. No steeper than 2:1.

4.4.1.2. Type 2 (Reinforced).  Height. At least 18 in. measured vertically from existing ground to top of filter dam.  Top Width. At least 2 ft.  Slopes. No steeper than 2:1.

4.4.1.3. Type 3 (Reinforced).  Height. At least 36 in. measured vertically from existing ground to top of filter dam.  Top Width. At least 2 ft.  Slopes. No steeper than 2:1.

4.4.1.4. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. Connect the sides by lacing in a single loop–double loop pattern on 4- to 5-in. spacing for vertical filling. Pull the end lacing rod at one end until tight, wrap around the end, and twist 4 times. Fill with stone at the filling end, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires 4 times.

Place the sack flat in a filling trough, fill with stone, connect sides, and secure ends as described above for horizontal filling.

Lift and place without damaging the gabion. Shape sack gabions to existing contours.

4.4.1.5. Type 5. Provide rock filter dams as shown on the plans.

4.4.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, “Riprap,” when designated on the plans.

4.4.3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above, to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed.

4.4.4. Construction Exits. Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits when tracking conditions exist. Construct exits for either long- or short-term use.

4.4.4.1. Long-Term. Place the exit over a foundation course as required. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed.

4.4.4.1.1. Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed.

4.4.4.1.2. Type 2. Construct using railroad ties and timbers as shown on the plans or as directed.

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506 4.4.4.2. Short-Term.

4.4.4.2.1. Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical.

4.4.4.2.2. Type 4. Construct as shown on the plans or as directed.

4.4.5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices.

4.4.5.1. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed.

Create a sediment basin, where required, providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas.

4.4.5.2. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed.

4.4.6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed.

4.4.6.1. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft.

4.4.6.2. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire.

4.4.6.3. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot.

4.4.7. Sandbags for Erosion Control. Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth.

4.4.8. Temporary Sediment-Control Fence. Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion-control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as specified in this Section, or as directed.

4.4.8.1. Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6 to 8 ft. and install on a slight angle toward the runoff source.

4.4.8.2. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in. of fabric. Provide a minimum trench cross-section of 6 × 6 in. Place the fabric against the side of the trench and align approximately 2 in. of fabric along the bottom in the upstream direction. Backfill the trench, then hand-tamp.

4.4.8.3. Fabric and Net Reinforcement Attachment. Attach the reinforcement to wooden posts with staples, or to steel posts with T-clips, in at least 4 places equally spaced unless otherwise shown on the plans. Sewn

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506 vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in. or less.

4.4.8.4. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least 6 places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow areas.

Requirements for installation of used temporary sediment-control fence include the following:  fabric with minimal or no visible signs of biodegradation (weak fibers),  fabric without excessive patching (more than 1 patch every 15 to 20 ft.),  posts without bends, and  backing without holes.

4.4.9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align, and locate the biodegradable erosion control logs as specified below, as shown on the plans, or as directed.

Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events, prevent damage to the logs, and as approved, such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor’s expense.

4.4.10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in. long × 2 to 4 in. wide × 1/2 to 2 in. deep. Do not exceed 12 in. between track impressions. Install continuous linear track impressions where the 12 in. length impressions are perpendicular to the slope. Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved.

4.5. Monitoring and Documentation. Monitor the control measures on a daily basis as long as there are BMPs in place and/or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES General Permit TXR150000. During time suspensions when work is not occurring or contract non-work days, daily inspections are not required unless a rain event has occurred. Monitoring will consist of, but is not limited to, observing, inspecting, and documenting site locations with control measures and discharge points to provide maintenance and inspection of controls as described in the SWP3. Keep written records of daily monitoring. Document in the daily monitoring report the control measure condition, the date of inspection, required corrective actions, responsible person for making the corrections, and the date corrective actions were completed. Maintain records of all monitoring reports at the project site or at an approved place. Provide copies within 7 days. Together, the CRPE and an Engineer’s representative will complete the Construction Stage Gate Checklist on a periodic basis as directed.

5. MEASUREMENT

5.1. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard. The measured volume will include sandbags, when used.

5.1.1. Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the centerline of the top of the dam.

5.1.2. Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based on the volume of rock computed by the method of average end areas.

5.1.2.1. Installation. Measurement will be made in final position.

5.1.2.2. Removal. Measurement will be made at the point of removal.

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506 5.2. Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot.

5.3. Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet.

5.4. Construction Exits. Construction exits will be measured by the square yard of surface area.

5.5. Earthwork for Erosion and Sediment Control.

5.5.1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work.

5.5.2. Volume Measurement.

5.5.2.1. In Place.

5.5.2.1.1. Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas.

5.5.2.1.2. Embankment. Embankment will be measured by the cubic yard in its final position by the method of average end areas. The volume of embankment will be determined between:  the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and  the lines, grades and slopes of the accepted embankment for the feature.

5.5.2.2. In Vehicles. Excavation and embankment quantities will be combined and paid for under “Earthwork (Erosion and Sediment Control, In Vehicle).” Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities.

5.6. Construction Perimeter Fence. Construction perimeter fence will be measured by the foot.

5.7. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams.

5.8. Temporary Sediment-Control Fence. Installation or removal of temporary sediment-control fence will be measured by the foot.

5.9. Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs.

5.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item.

6. PAYMENT

The following will not be paid for directly but are subsidiary to pertinent Items:  erosion-control measures for Contractor project-specific locations (PSLs) inside and outside the right of way (such as construction and haul roads, field offices, equipment and supply areas, plants, and material sources);  removal of litter, unless a separate pay item is shown on the plans;  repair to devices and features damaged by Contractor operations;  added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and failure to install permanent controls;

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506  removal and reinstallation of devices and features needed for the convenience of the Contractor;  finish grading and dressing upon removal of the device; and  minor adjustments including but not limited to plumbing posts, reattaching fabric, minor grading to maintain slopes on an erosion embankment feature, or moving small numbers of sandbags.

Stabilization of disturbed areas will be paid for under pertinent Items except vertical tacking which is subsidiary.

Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item.

6.1. Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows:

6.1.1. Installation. Installation will be paid for as “Rock Filter Dams (Install)” of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals.

6.1.2. Removal. Removal will be paid for as “Rock Filter Dams (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals.

When the Engineer directs that the rock filter dam installation or portions thereof be replaced, payment will be made at the unit price bid for “Rock Filter Dams (Remove)” and for “Rock Filter Dams (Install)” of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals.

6.2. Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Temporary Pipe Slope Drains” of the size specified. This price is full compensation for furnishing materials, removal and disposal, furnishing and operating equipment, labor, tools, and incidentals.

Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the pipe slope drain installation or portions thereof be replaced, payment will be made at the unit price bid for “Temporary Pipe Slope Drains” of the size specified, which is full compensation for the removal and reinstallation of the pipe drain.

Earthwork required for the pipe slope drain installation, including construction of the sediment trap, will be measured and paid for under “Earthwork for Erosion and Sediment Control.”

Riprap concrete or stone, when used as an energy dissipater or as a stabilized sediment trap, will be measured and paid for in accordance with Item 432, “Riprap.”

6.3. Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Temporary Paved Flume (Install)” or “Temporary Paved Flume (Remove).” This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals.

When the Engineer directs that the paved flume installation or portions thereof be replaced, payment will be made at the unit prices bid for “Temporary Paved Flume (Remove)” and “Temporary Paved Flume (Install).” These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor, tools, and incidentals.

Earthwork required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under “Earthwork for Erosion and Sediment Control.”

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506 6.4. Construction Exits. Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items.

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” for construction exits needed on right of way access to work areas required by the Department will be paid for at the unit price bid for “Construction Exits (Install)” of the type specified or “Construction Exits (Remove).” This price is full compensation for furnishing and placing materials, excavating, removal and disposal, cleaning vehicles, labor, tools, and incidentals.

When the Engineer directs that a construction exit or portion thereof be removed and replaced, payment will be made at the unit prices bid for “Construction Exit (Remove)” and “Construction Exit (Install)” of the type specified. These prices are full compensation for the removal and replacement of the construction exit and for equipment, labor, tools, and incidentals.

Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under “Earthwork for Erosion and Sediment Control.”

6.5. Earthwork for Erosion and Sediment Control.

6.5.1. Initial Earthwork for Erosion and Sediment Control. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Excavation (Erosion and Sediment Control, In Place),” “Embankment (Erosion and Sediment Control, In Place),” “Excavation (Erosion and Sediment Control, In Vehicle),” “Embankment (Erosion and Sediment Control, (In Vehicle),” or “Earthwork (Erosion and Sediment Control, In Vehicle).”

This price is full compensation for excavation and embankment including hauling, disposal of material not used elsewhere on the project; embankments including furnishing material from approved sources and construction of erosion-control features; and equipment, labor, tools, and incidentals.

Sprinkling and rolling required by this Item will not be paid for directly but will be subsidiary to this Item.

6.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid under a Contractor Force Account Item from invoice provided to the Engineer.

This price is full compensation for excavation, embankment, and re-grading including removal of accumulated sediment in various erosion control installations as directed, hauling, and disposal of material not used elsewhere on the project; excavation for construction of erosion-control features; embankments including furnishing material from approved sources and construction of erosion-control features; and equipment, labor, tools, and incidentals.

Earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans.

Sprinkling and rolling required by this Item will not be paid for directly but will be subsidiary to this Item.

6.6. Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Construction Perimeter Fence.” This price is full compensation for furnishing and placing the fence; digging, fence posts, wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals.

Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for “Construction Perimeter Fence,” which is full compensation for the removal and reinstallation of the construction perimeter fence.

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506 6.7. Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for “Sandbags for Erosion Control” (of the height specified when measurement is by the foot). This price is full compensation for materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals.

Removal of sandbags will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for “Sandbags for Erosion Control,” which is full compensation for the reinstallation of the sandbags.

6.8. Temporary Sediment-Control Fence. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows:

6.8.1. Installation. Installation will be paid for as “Temporary Sediment-Control Fence (Install).” This price is full compensation for furnishing and operating equipment finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals.

6.8.2. Removal. Removal will be paid for as “Temporary Sediment-Control Fence (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals.

6.9. Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid as follows:

6.9.1. Installation. Installation will be paid for as “Biodegradable Erosion Control Logs (Install)” of the size specified. This price is full compensation for furnishing and operating equipment finish backfill and grading, staking, proper disposal, labor, materials, tools, and incidentals.

6.9.2. Removal. Removal will be paid for as “Biodegradable Erosion Control Logs (Remove).” This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals.

6.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item.

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506-002

Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls

For this project, Item 506, “Temporary Erosion, Sedimentation, and Environmental Controls,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 506.1., “Description,” is voided and replaced by the following:

Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) or as directed. Ensure the installation and maintenance of control measures is performed in accordance with the manufacturer's or designer's specifications. Erosion and sediment control devices must be selected from the “Erosion Control Approved Products” or “Sediment Control Approved Products” lists. Perform work in a manner to prevent degradation of receiving waters, facilitate project construction, and comply with applicable federal, state, and local regulations.

Article 506.3., “Qualifications, Training, and Employee Requirements,” is voided and not replaced.

Section 506.4.1., “Contractor Responsibilities,” Section 506.4.2., “Implementation,” and Section 506.4.3., “General,” are voided and replaced by the following:

4.1. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with the plans and specifications, and as directed. Coordinate storm water management with all other work on the project. Develop and implement an SWP3 for project-specific material supply plants within and outside of the Department's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site.

4.2. Implementation.

4.2.1. Commencement. Implement the SWP3 as shown and as directed. Contractor proposed recommendations for changes will be allowed as approved. Do not implement changes until approval has been received and changes have been incorporated into the plans by the Engineer. Minor adjustments to meet field conditions are allowed and will be recorded by the Engineer in the SWP3.

Implement control measures before the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans. Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective, safe, continuous water pollution prevention. Provide control measures that are appropriate to the construction means, methods, and sequencing allowed by the Contract.

Do not prolong final grading and shaping. Preserve vegetation where possible throughout the project and minimize clearing, grubbing, and excavation within stream banks, bed, and approach sections.

4.3. General.

4.3.1. Temporary Alterations or Control Measure Removal. Altering or removal of control measures is allowed when control measures are restored within the same working day. 1 08-14 Statewide

506-002

4.3.2. Stabilization. Initiate stabilization for disturbed areas no more than 14 days after the construction activities in that portion of the site has temporarily or permanently ceased. Establish a uniform vegetative cover or use another stabilization practice as approved.

4.3.3. Finished Work. Upon the Engineer's acceptance of vegetative cover or other stabilization practice, remove and dispose of all temporary control measures unless otherwise directed. Complete soil disturbing activities and establish a uniform perennial vegetative cover. A project will not be considered for acceptance until a vegetative cover of 70% density of existing adjacent undisturbed areas is obtained or equivalent permanent stabilization is obtained as approved.

4.3.4. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on site in a manner as to prevent actual or potential water pollution. Manage, control, and dispose of litter on site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only in approved contained areas. Use appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e. dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law.

Section 506.4.4., “Installation, Maintenance, and Removal Work.” The first paragraph is voided and replaced by the following.

Perform work in accordance with the SWP3, and according to the manufacturers’ guidelines. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Engineer.

Section 506.4.5., “Monitoring and Documentation,” is voided and not replaced.

Section 506.6.5.2., “Maintenance Earthwork for Erosion and Sediment Control for Cleaning and/or Restoring Control Measures,” is voided and replaced by the following:

Earthwork needed to remove and obliterate of erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans.

Sprinkling and rolling required by this Item will not be paid for directly but will be subsidiary to this Item.

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520

Item 520 Weighing and Measuring Equipment

1. DESCRIPTION

Provide weighing and measuring equipment for materials measured or proportioned by weight or volume.

2. EQUIPMENT

Provide certified scales, scale installations, and measuring equipment meeting the requirements of NIST Handbook 44, except that the required accuracy must be 0.4% of the material being weighed or measured.

Provide personnel, facilities, and equipment for checking the scales as approved. Check all weighing and measuring equipment after each move and at least once each 6 mo. or when requested.

Calibrate all scales using weights certified by the Texas Department of Agriculture (TDA) or an equivalent agency as approved. Provide a written calibration report from a scale mechanic for all calibrations. Cease plant operations during the checking operation. Do not use inaccurate or inadequate scales. Bring performance errors as close to zero as practicable when adjusting equipment.

Furnish enough certified weights to check the accuracy and sensitivity of the scales. Insulate scales against shock, vibrations, or movement of other operating equipment. Provide an automated ticket printout for each truckload of material on a daily basis where payment is determined by weight. Each loading ticket must show the ticket number, truck number, gross weight, tare weight, and net weight.

Provide a summary spreadsheet that lists separately the ticket number, truck number, gross weight, tare weight, net weight, overload weight, and payment weight amounts as shown in Table 1 if required on the plans for materials paid by the ton. Provide this spreadsheet:  for each lot when materials are paid for in increments of sublots or lots, and  daily for other materials.

Provide the totals for net weight and overload amounts to be deducted for all summary sheets within 2 days of delivery of materials. Include the overload deduction in the total amount reported for payment. Submissions are subject to verification. Table 1 Example Spreadsheet Ticket No. Truck No. Gross Wt. Tare Wt. Net Wt. Overload Payment Wt. Wt.

Totals Totals Totals

Furnish leak-free weighing containers large enough to hold a complete batch of the material being measured.

2.1. Truck Scales. Furnish platform truck scales capable of weighing the entire truck or truck–trailer combination in a single draft.

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520 2.2. Aggregate Batching Scales. Equip scales used for weighing aggregate with a quick adjustment at zero that provides for any change in tare. Provide a visual means that indicates the required weight for each aggregate.

2.3. Suspended Hopper. Provide a means for the addition or the removal of small amounts of material to adjust the quantity to the exact weight per batch. Ensure the scale equipment is level.

2.4. Belt Scales. Use belt scales for proportioning aggregate that are accurate to within 1.0% based on the average of 3 test runs, where no individual test run exceeds 2.0% when checked in accordance with Tex-920-K.

2.5. Asphalt Material Meter. Provide an asphalt material meter with an automatic digital display of the volume or weight of asphalt material. Verify the accuracy of the meter in accordance with Tex-921-K. Ensure the accuracy of the meter is within 0.4% when using the asphalt meter for payment purposes. Ensure the accuracy of the meter is within 1.0% when used to measure component materials only and not for payment.

2.6. Liquid Asphalt Additive Meters. Provide a means to check the accuracy of meter output for asphalt primer, fluxing material, and liquid additives. Furnish a meter that reads in increments of 0.1 gal. or less. Verify accuracy of the meter in accordance with Tex-923-K. Ensure the accuracy of the meter within 5.0%.

2.7. Particulate Solid and Slurry Additive Meters. Provide a means to check the accuracy of meter output for particulate solids (such as hydrated lime or mineral filler) and slurries (such as hydrated lime slurry). Ensure the accuracy of the meter within 5.0%.

3. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items.

2

556

Item 556 Pipe Underdrains

1. DESCRIPTION

Install pipe underdrains.

2. MATERIALS

2.1. Pipe. Furnish the types and sizes of pipe specified on the plans. Use only one type of pipe for any underdrain system on the project. Use perforated pipe in areas to be drained, and use non-perforated pipe between the perforated pipe and the outfall.

2.1.1. Type 1. Corrugated steel pipe (CSP) conforming to any type specified in AASHTO M 36, fabricated from corrugated galvanized sheet.

2.1.2. Type 2. Corrugated aluminum pipe conforming to AASHTO M 196, Type I or IA, fabricated from corrugated sheet.

2.1.3. Type 3. Bituminous-coated corrugated steel pipe conforming to the requirements of Type 1 and uniformly coated inside and out with a minimum thickness of 0.05 in. of bituminous material meeting the requirements of Table 1 when tested in accordance with ASTM A849, Material Class A or Material Class PA. Table 1 Requirements of Bituminous Material Test Requirements Solubility, % by wt., in trichloroethylene 99.5 Min Brittleness Pass Flow, in. 0.25 Max

2.1.4. Type 4. Bituminous-coated corrugated aluminum pipe conforming to the requirement of Type 2 and uniformly coated inside and out with a minimum thickness of 0.05 in. of bituminous material meeting the requirements of Table 1 when tested in accordance with ASTM A849, Material Class A or Material Class PA.

2.1.5. Type 5. Acrylonitrile-butadiene-styrene (ABS) pipe conforming to ASTM D2751, SDR-35. Perforations must meet the requirements of AASHTO M 278.

2.1.6. Type 6. Corrugated polyethylene plastic tubing conforming to AASHTO M 252.

2.1.7. Type 7. Corrugated polyvinyl chloride (PVC) pipe conforming to ASTM F949.

2.1.8. Type 8. Smooth-wall PVC pipe conforming to AASHTO M 278, Class PS 46.

2.1.9. Type 9. As shown on the plans.

2.2. Filter Material. Furnish hard, durable, and clean sand, gravel, crushed stone, or crushed shell meeting the gradation by percent weight specified in Table 2 unless otherwise shown on the plans. Filter material must be free of clay balls or other organic or deleterious matter as determined by Tex-413-A. Do not furnish crushed limestone unless shown on the plans. Use only one type of filter material for any underdrain system on a project.

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556 Table 2 Percent Retained on Sieve (Tex-401-A) Sieve Size Type A Type B Type C Type D 1-1/2" – – 0–10 3/4" – 0–10 20–40 3/8" – 15–35 – – #4 0–10 35–55 40–60 0–5 #8 0–20 #16 15–50 #20 35–651 35–651 35–651 #30 40–75 #50 75–1001 75–1001 75–1001 70–90 #100 90–100 1. Of the portion finer than No. 4 sieve.

Loss by decantation as determined by Tex-406-A must not exceed 1% of the material retained on a No. 4 sieve or 4% of the material passing a No. 4 sieve. Use Type B or Type C filter material around the underdrains unless otherwise shown on the plans. Do not place Type A or Type D filter material within 6 in. of perforations.

2.3. Filter Fabric. Meet DMS-6200, “Filter Fabric,” Type 1.

2.4. Riprap. Provide concrete riprap in accordance with Item 432, “Riprap,” when required.

3. CONSTRUCTION

Begin excavation of the trench at the outfall and proceed toward its upper end, following the lines and grades shown on the plans or as directed. Hold the minimum horizontal limits of excavation for filter material to the dimensions shown in Table 3 or as shown on the plans. Table 3 Minimum Horizontal Limits of Excavation for Filler Material Depth of Trench (ft.) Distance Outside Neat Lines of Pipe Underdrains (ft.) 0 to 6 1.00 Over 6 to 10 1.50 Over 10 to 15 2.00 Over 15 2.50

Place filter fabric in the bottom and sides of the trench in areas to be drained before placing pipe or filter material, as shown in Figure 1. Provide enough width of fabric to overlap on top of the filter material. Center perforated pipe in the excavated ditch with the perforations below the horizontal axis. Join the pipe with appropriate couplers if required. Join plastic pipe in accordance with the manufacturer’s recommendations. Do not use tarpaper strips. Obtain approval for pipe placement before placing filter material.

Place filter material at least 12 in. above the bottom of the pipe or as shown on the plans. Do not allow filter material to displace the pipe.

Lap filter fabric over the top of the filter material after placing pipe and filter material according to the manufacturer’s recommendation or as shown on the plans.

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556

Figure 1 Installation Process

Install non-perforated pipe sections between the perforated pipe and the outfall. The sections of non- perforated pipe do not require filter fabric or filter material.

Place approved plugs in the upper ends of all pipe. Cover exposed outfall ends with 1/2-in. galvanized hardware cloth as directed. Provide Class B concrete riprap, when required, in accordance with Item 432, “Riprap,” and details shown on the plans. Place the riprap to the contour and grade of the embankment slope. Cut the pipe to the slope of the riprap.

Backfill the remainder of the trench with suitable material in layers not to exceed 6 in.

4. MEASUREMENT

This Item will be measured by the foot along the top of the pipe and will include the length of elbows, Y’s, T’s, and other branches.

5. PAYMENT

The work performed and material furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Pipe Underdrains” of the pipe type and size specified. This price is full compensation for pipe, couplers, plugs, screens, filter material, filter fabric, riprap, excavation, backfill, equipment, labor, materials, tools, and incidentals.

Protection methods for excavations deeper than 5 ft. will be measured and paid for in accordance with Item 402, “Trench Excavation Protection.”

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585

Item 585 Ride Quality for Pavement Surfaces

1. DESCRIPTION

Measure and evaluate the ride quality of pavement surfaces.

2. EQUIPMENT

2.1. Surface Test Type A. Provide a 10-ft. straightedge or where allowed, a high-speed or lightweight inertial profiler, certified at the Texas A&M Transportation Institute.

2.2. Surface Test Type B. Provide a high-speed or lightweight inertial profiler, certified at the Texas A&M Transportation Institute. Provide equipment certification documentation. Display a current decal on the equipment indicating the certification expiration date.

Use a certified profiler operator from the Department’s MPL. When requested, furnish documentation for the person certified to operate the profiler.

2.3. Diamond Grinding Equipment. Provide self-propelled powered grinding equipment specifically designed to smooth and texture pavements using circular diamond blades when grinding is required. Provide equipment with automatic grade control capable of grinding at least 3 ft. of width longitudinally in each pass without damaging the pavement.

3. WORK METHODS

Measure and evaluate profiles using Surface Test Types A and B on surfaces as described below unless otherwise shown on the plans.

3.1. Transverse Profile. Measure the transverse profile of the finished riding surface in accordance with Surface Test Type A.

3.2. Longitudinal Profile. Measure the longitudinal profile of the surface, including horizontal curves.

3.2.1. Travel Lanes. Unless otherwise shown on the plans, use Surface Test Type B on the final riding surface of all travel lanes except as follows:

3.2.1.1. Service Roads and Ramps. Use Surface Test Type A on service roads and ramps unless Surface Test Type B is shown on the plans.

3.2.1.2. Short Projects. Use Surface Test Type A when project pavement length is less than 2,500 ft. unless otherwise shown on the plans.

3.2.1.3. Bridge Structures. Measure the profile in accordance with the pertinent item or use Surface Test Type A for span type bridge structures, approach slabs, and the 100 ft. leading into and away from such structures.

3.2.1.4. Leave-Out Sections. Use Surface Test Type A for leave-out sections and areas between leave-out sections that are less than 100 ft.

3.2.1.5. Ends. Use Surface Test Type A on the first and last 100 ft. of the project pavement length.

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585 3.2.2. Shoulders and Other Areas. Use Surface Test Type A for shoulders and all other areas including intermediate pavement layers.

3.3. Profile Measurements. Measure the finished surface in accordance with Surface Test Type A or B in accordance with Section 585.3.1., “Transverse Profile,” Section 585.3.2., “Longitudinal Profile,” and the plans.

3.3.1. Surface Test Type A. Test the surface with a 10-ft. straightedge as directed. Use an inertial profiler to measure the surface when allowed. The Engineer will use Department software to evaluate the surface.

3.3.2. Surface Test Type B.

3.3.2.1. QC Testing. Perform QC tests on a daily basis throughout the duration of the project. Use a 10-ft. straightedge, inertial profiler, profilograph, or any other means to perform QC tests.

3.3.2.2. QA Testing. Perform QA tests using either a high-speed or lightweight inertial profiler. Coordinate with and obtain authorization from the Engineer before starting QA testing. Perform QA tests on the finished surface of the completed project or at the completion of a major stage of construction, as approved. Perform QA tests within 7 days after receiving authorization.

The Engineer may require QA testing to be performed at times of off-peak traffic flow. Operate the inertial profiler in a manner that does not unduly disrupt traffic flow as directed. When using a lightweight inertial profiler to measure a surface that is open to traffic, use a moving traffic control plan in accordance with Part 6 of the TMUTCD and the plans.

In accordance with Tex-1001-S, operate the inertial profiler and deliver test results within 24 hr. of testing. Provide all profile measurements in electronic data files using the format specified in Tex-1001-S.

3.3.2.2.1. Verification Testing. The Engineer may perform ride quality verification testing within 10 working days after the Contractor’s QA testing is complete for the project or major stage of construction. When the Department’s profiler produces an overall average international roughness index (IRI) value over 3.0 in. per mile higher than the value calculated using Contractor data, the Engineer will decide whether to accept the Contractor’s data, use the Department’s data, use an average of both parties’ data, or request a referee test. Referee testing is mandatory if the difference is greater than 6.0 in. per mile.

3.3.2.2.2. Referee Testing. The Construction Division will conduct referee testing, and the results are final. The Construction Division may require recertification for the Contractor’s or Department’s inertial profiler.

3.4. Acceptance Plan and Payment Adjustments. The Engineer will evaluate profiles for determining acceptance, payment adjustment, and corrective action.

3.4.1. Surface Test Type A. Use diamond grinding or other approved work methods to correct surface areas that have more than 1/8-in. variation between any 2 contacts on a 10-ft. straightedge. For asphalt concrete pavements, fog seal the aggregate exposed from diamond grinding. Following corrective action, retest the area to verify compliance with this Item.

3.4.2. Surface Test Type B. The Engineer will use the QA test results to determine payment adjustments for ride quality using Department software. IRI values will be calculated using the average of both wheel paths. When taking corrective actions to improve a deficient 0.1-mi. section, payment adjustments will be based on the data obtained from reprofiling the corrected area.

3.4.2.1. IRI Payment Adjustment for 0.1-mi. Sections. Unless payment adjustment Schedule 1 or 2 is shown on the plans, Schedule 3 from Table 1 and Table 2 will be used to determine the level of payment adjustment for each 0.1-mi. section on the project.

No payment adjustment will be paid for any 0.1-mi. section that contains localized roughness.

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585 3.4.2.2. IRI Deficient 0.1-mi. Sections. When payment adjustment Schedule 1 or 2 is specified, correct any 0.1-mi. section with an average IRI over 95.0 in. per mile. Correct the deficient section to an IRI of 65 in. per mile or less when Schedule 1 is specified or correct to an IRI of 75 in. per mile or less when Schedule 2 is specified. No corrective action is required for Schedule 3. After making corrections, reprofile the pavement section to verify that corrections have produced the required improvements.

The associated payment adjustment shown in Table 1 applies when successful corrective action improves the IRI of a deficient 0.1-mi. section.

If corrective action does not produce the required improvement, the Engineer may require:  continued corrective action, or  apply the pertinent payment adjustment shown in Table 2 if the reprofiled IRI is greater than 65 in. per mile.

3.4.2.2.1. Corrective Action. Use diamond grinding or other approved work methods to correct any deficient 0.1-mi. section. For asphalt concrete pavements, fog seal the aggregate exposed from diamond grinding or other approved work methods allowed.

3.4.2.3. Localized Roughness. Measure localized roughness using an inertial profiler in accordance with Tex-1001-S. The Engineer will determine areas of localized roughness using the individual profile from each wheel path.

Use a 10-ft. straightedge, when allowed, to locate areas that have more than 1/8-in. variation between any 2 contacts on the straightedge when Schedule 3 is specified.

The Engineer may waive localized roughness requirements for deficiencies resulting from manholes or other similar appurtenances near the wheel paths.

3.4.2.3.1. Corrective Action. Use diamond grinding or other approved work methods to correct localized roughness. For asphalt concrete pavements, fog seal the aggregate exposed from diamond grinding or other approved work methods allowed. Reprofile the corrected area, and provide results that show the corrective action was successful. If the corrective action is not successful, the Engineer will require continued corrective action or apply a localized roughness payment adjustment.

3.4.2.3.2. Localized Roughness Payment Adjustment. Instead of continued corrective action, the Engineer may assess a payment adjustment for each occurrence of localized roughness. No more than one payment adjustment will be applied for any 5 ft. of longitudinal distance. For Schedule 1, a localized roughness payment adjustment of $500 per occurrence will be applied. For Schedule 2, a localized roughness payment adjustment of $250 per occurrence will be applied. For Schedule 3, a localized roughness payment adjustment will not be applied.

Localized roughness payment adjustments will be evaluated within 0.1-mi. sections and applied unless the IRI deficient 0.1-mi. section payment adjustment is greater. When the IRI deficient payment adjustment is greater, the payment adjustment in Table 2 will be applied.

4. MEASUREMENT AND PAYMENT

The work performed, materials furnished, certification and recertification, traffic control for all testing, materials and work needed for corrective action, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items. Sections shorter than 0.1 mi. and longer than 50 ft. will be prorated in accordance with Tex-1001-S.

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585 Table 1 Payment Adjustments for Ride Quality Average IRI for each Payment Adjustment 0.10 mi. of Traffic Lane $/0.10 mi. of Traffic Lane (in./mi.) Schedule 1 and Schedule 2 Schedule 3 ≤ 30 600 300 31 580 290 32 560 280 33 540 270 34 520 260 35 500 250 36 480 240 37 460 230 38 440 220 39 420 210 40 400 200 41 380 190 42 360 180 43 340 170 44 320 160 45 300 150 46 280 140 47 260 130 48 240 120 49 220 110 50 200 100 51 180 90 52 160 80 53 140 70 54 120 60 55 100 50 56 80 40 57 60 30 58 40 20 59 20 10 60 to 65 0 0

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585 Table 2 Payment Adjustments for Ride Quality Average IRI for each Payment Adjustment 0.10 mi. of Traffic Lane $/0.10 mi. of Traffic Lane (in./mi.) Schedule 1 Schedule 2 66 -20 0 67 -40 0 68 -60 0 69 -80 0 70 -100 0 71 -120 0 72 -140 0 73 -160 0 74 -180 0 75 -200 0 76 -220 -20 77 -240 -40 78 -260 -60 79 -280 -80 80 -300 -100 81 -320 -120 82 -340 -140 83 -360 -160 84 -380 -180 85 -400 -200 86 -420 -220 87 -440 -240 88 -460 -260 89 -480 -280 90 -500 -300 91 -520 -320 92 -540 -340 93 -560 -360 94 -580 -380 95 -600 -400 > 95 -3,000

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662

Item 662 Work Zone Pavement Markings

1. DESCRIPTION

Furnish, place, and maintain work zone pavement markings.

2. MATERIALS

Provide thermoplastic, paint and beads, raised pavement markers (RPMs), prefabricated pavement markings, temporary flexible reflective roadway marker tabs, or other approved materials for work zone pavement markings.

Supply materials meeting:  DMS-4200, “Pavement Markers (Reflectorized),”  DMS-4300, “Traffic Buttons,”  DMS-8200, “Traffic Paint,”  DMS-8220, “Hot Applied Thermoplastic,”  DMS-8240, “Permanent Prefabricated Pavement Markings,”  DMS-8241, “Temporary (Removable) Prefabricated Pavement Markings,”  DMS-8242, “Temporary Flexible, Reflective Roadway Marker Tabs,” and  DMS-8290, “Glass Traffic Beads.”

2.1. Nonremovable Markings. Use hot-applied thermoplastic or permanent prefabricated pavement markings for nonremovable markings. Paint and beads or other materials are not allowed for nonremovable markings unless shown on the plans.

2.2. Removable and Short-Term Markings. Use RPMs, removable prefabricated pavement markings, temporary flexible reflective roadway marker tabs, or other approved materials for removable and short-term markings. Do not use hot-applied thermoplastic or traffic paint for removable markings. Use removable prefabricated pavement markings on the final pavement surface when the plans specify removable markings.

3. CONSTRUCTION

Apply pavement markings in accordance with the following Items.  Item 666, “Retroreflectorized Pavement Markings”  Item 668, “Prefabricated Pavement Markings”  Item 672, “Raised Pavement Markers”

3.1. Placement. Install longitudinal markings on pavement surfaces before opening to traffic. Maintain lane alignment traffic control devices and operations until markings are installed. Install markings in proper alignment in accordance with the TMUTCD and as shown on the plans. Short-term markings will be allowed when standard markings (removable or nonremovable) cannot be placed before opening to traffic, if shown on the plans or directed.

When short-term markings are allowed for opening to traffic, place standard longitudinal markings no later than 14 calendar days after the placement of the surface. When inclement weather prohibits placement of markings, the 14-day period may be extended until weather permits proper application.

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662 Place standard longitudinal markings no sooner than 3 calendar days after the placement of a surface treatment, unless otherwise shown on the plans.

Apply thermoplastic markings to a minimum thickness of 0.060 in. (60 mils). When paint and beads are allowed, apply to a minimum dry thickness of 0.012 in. (12 mils).

Place short-term markings in proper alignment with the location of the final pavement markings. Remove and replace short-term markings not in alignment at the Contractor’s expense.

For removable placements, use of RPMs to simulate longitudinal markings is at the Contractor’s option. Use side-by-side RPMs to simulate longitudinal lines wider than 4 in. Do not use RPMs for words, symbols, shapes, or diagonal or transverse lines.

3.2. Marking Removal. Remove markings that conflict with succeeding markings in accordance with Item 677, “Eliminating Existing Pavement Markings and Markers.” Remove short-term markings that interfere or conflict with final marking placement immediately before placing final pavement markings, unless otherwise directed. Remove the remainder of the short-term markings before final acceptance.

Remove all temporary markings with minimal damage to the roadway to the satisfaction of the Engineer.

3.3. Performance Requirements. Ensure all markings are visible from a distance at least 300 ft. in daylight conditions and at least 160 ft. in nighttime conditions when illuminated by automobile low-beam headlights. Determine visibility distances using an automobile traveling on the roadway under dry conditions.

Maintain the markings for 30 calendar days after installation. The end of the 30-day maintenance period does not relieve the Contractor from the performance deficiencies requiring corrective action identified during the 30-day period. Remove and replace markings at the Contractor’s expense if they fail to meet the requirements of this Item during the 30-day period. The 30-calendar day performance requirement will begin again after replacement of the markings.

Ensure daytime and nighttime reflected color of the markings are distinctly white or yellow. Ensure markings exhibit uniform retroreflective characteristics.

4. MEASUREMENT

This Item will be measured by the foot or each word, shape, symbol, or temporary flexible reflective roadway marker tab. Each stripe will be measured separately. RPMs used to simulate a marking will be measured by the foot of marking or each RPM.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Work Zone Pavement Markings” of the type and color specified and the shape, width, and size specified as applicable. This price is full compensation for furnishing, placing, maintaining, and removing work zone pavement markings and for materials, equipment, labor, tools, and incidentals.

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662 Elimination of nonremovable markings will be paid for under Item 677, “Eliminating Existing Pavement Markings and Markers.” Removal of short-term and removable markings will not be paid for directly but will be subsidiary to this Item.

Type II work zone pavement markings (paint and beads) used as a sealer for Type I pavement markings (thermoplastic) will be paid for under this Item.

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666

Item 666 Retroreflectorized Pavement Markings

1. DESCRIPTION

Furnish and place retroreflectorized, non-retroreflectorized (shadow) and profile pavement markings.

2. MATERIALS

2.1. Type I Marking Materials. Furnish in accordance with DMS-8220, “Hot Applied Thermoplastic.”

Furnish pavement marking material used for Type I profile markings and shadow markings that have been approved by the Construction Division, and in accordance with DMS-8220, “Hot Applied Thermoplastic.”

2.2. Type II Marking Materials. Furnish in accordance with DMS-8200, “Traffic Paint.”

2.3. Glass Traffic Beads. Furnish drop-on glass beads in accordance with DMS-8290, “Glass Traffic Beads” or as approved. Furnish a double-drop of Type II and Type III drop-on glass beads where each type bead is applied separately in equal portions (by weight), unless otherwise approved. Apply the Type III beads before applying the Type II beads.

2.4. Labeling. Use clearly marked containers that indicate color, mass, material type, manufacturer, and batch number.

3. EQUIPMENT

3.1. General Requirements. Use equipment that:  is maintained in satisfactory condition,  meets or exceeds the requirements of the National Board of Fire Underwriters and the Texas Railroad Commission for this application,  applies beads by an automatic bead dispenser attached to the pavement marking equipment in such a manner that the beads are dispensed uniformly and almost instantly upon the marking as the marking is being applied to the road surface. The bead dispenser must have an automatic cut-off control, synchronized with the cut-off of the pavement marking equipment,  has an automatic cut-off device with manual operating capabilities to provide clean, square marking ends,  is capable of producing the types and shapes of profiles specified, and  can provide continuous mixing and agitation of the pavement marking material. The use of pans, aprons, or similar appliances which the die overruns will not be permitted for longitudinal striping applications.

Provide a hand-held thermometer capable of measuring the temperature of the marking material when applying Type I material.

When pavement markings are required to meet minimum retroreflectivity requirements on the plans:  Use a mobile retroreflectometer approved by the Construction Division and certified by the Texas A&M Transportation Institute Mobile Retroreflectometer Certification Program.  Use a portable retroreflectometer that:  uses 30-meter geometry and meets the requirements described in ASTM E1710;

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666  has either an internal global positioning system (GPS) or the ability to be linked with an external GPS with a minimum accuracy rating of 16 ft. 5 in., in accordance with the circular error probability (CEP) method (CEP is the radius of the circle with its origin at a known position that encompasses 50% of the readings returned from the GPS instrument);  can record and print the GPS location and retroreflectivity reading for each location where readings are taken.

3.2. Material Placement Requirements. Use equipment that can place:  at least 40,000 ft. of 4-in. solid or broken non-profile markings per working day at the specified thickness;  at least 15,000 ft. of solid or broken profile pavement markings per working day at the specified thickness;  linear non-profile markings up to 8 in. wide in a single pass;  non-profile pavement markings other than solid or broken lines at an approved production rate;  a centerline and no-passing barrier-line configuration consisting of 1 broken line and 2 solid lines at the same time to the alignment, spacing, and thickness for non-profile pavement markings shown on the plans;  solid and broken lines simultaneously;  white line from both sides;  lines with clean edges, uniform cross-section with a tolerance of ±1/8 in. per 4 in. width, uniform thickness, and reasonably square ends;  skip lines between 10 and 10-1/2 ft., a stripe-to-gap ratio of 10 to 30, and a stripe-gap cycle between 39-1/2 ft. and 40-1/2 ft., automatically;  beads uniformly and almost instantly on the marking as the marking is being applied;  beads uniformly during the application of all lines (each line must have an equivalent bead yield rate and embedment); and  double-drop bead applications using both Type II and Type III beads from separate independent bead applicators, unless otherwise approved by the Engineer.

4. CONSTRUCTION

Place markings before opening to traffic unless short-term or work zone markings are allowed.

4.1. General. Obtain approval for the sequence of work and estimated daily production. Minimize interference to roadway operations when placing markings on roadways open to traffic. Use traffic control as shown on the plans or as approved. Protect all markings placed under open-traffic conditions from traffic damage and disfigurement.

Establish guides to mark the lateral location of pavement markings as shown on the plans or as directed, and have guide locations verified. Use material for guides that will not leave a permanent mark on the roadway.

Apply markings on pavement that is completely dry and passes the following tests:  Type I Marking Application—Place a sample of Type I marking material on a piece of tarpaper placed on the pavement. Allow the material to cool to ambient temperature, and then inspect the underside of the tarpaper in contact with the pavement. Pavement will be considered dry if there is no condensation on the tarpaper.  Type II Marking Application—Place a 1-sq. ft. piece of clear plastic on the pavement, and weight down the edges. The pavement is considered dry if, when inspected after 15 min., no condensation has occurred on the underside of the plastic.

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666 Apply markings:  that meet the requirements of Tex-828-B,  that meet minimum retroreflectivity requirements when specified on the plans (applies to Type I markings only),  using widths and colors shown on the plans,  at locations shown on the plans,  in proper alignment with the guides without deviating from the alignment more than 1 in. per 200 ft. of roadway or more than 2 in. maximum,  without abrupt deviations,  free of blisters and with no more than 5% by area of holes or voids,  with uniform cross-section, density and thickness,  with clean and reasonably square ends,  that are retroreflectorized with drop-on glass beads, and  using personnel skilled and experienced with installation of pavement markings.

Remove all applied markings that are not in alignment or sequence as stated on the plans, or in the specifications, at the Contractor’s expense in accordance with Item 677, “Eliminating Existing Pavement Markings and Markers,” except for measurement and payment.

4.2. Surface Preparation. Prepare surfaces in accordance with this Section unless otherwise shown on the plans.

4.2.1. Cleaning for New Asphalt Surfaces and Retracing of All Surfaces. Air blast or broom the pavement surface for new asphalt surfaces (less than 3 years old) and for retracing of all surfaces to remove loose material, unless otherwise shown on the plans. A sealer for Type I markings is not required unless otherwise shown on the plans.

4.2.2. Cleaning for Old Asphalt and Concrete Surfaces (Excludes Retracing). Clean old asphalt surfaces (more than 3 years old) and all concrete surfaces in accordance with Item 678, “Pavement Surface Preparation for Markings,” to remove curing membrane, dirt, grease, loose and flaking existing construction markings, and other forms of contamination.

4.2.3. Sealer for Type I Markings. Apply a pavement sealer to old asphalt surfaces (more than 3 years old) and to all concrete surfaces before placing Type I markings on locations that do not have existing markings, unless otherwise approved. The pavement sealer may be either a Type II marking or an acrylic or epoxy sealer as recommended by the Type I marking manufacturer unless otherwise shown on the plans. Follow the manufacturer’s directions for application of acrylic or epoxy sealers. Clean sealer that becomes dirty after placement by washing or in accordance with Section 666.4.2.1., “Cleaning for New Asphalt Surfaces and Retracing of All Surfaces,” as directed. Place the sealer in the same configuration and color (unless clear) as the Type I markings unless otherwise shown on the plans.

4.3. Application. Apply markings during good weather unless otherwise directed. If markings are placed at Contractor option when inclement weather is impending and the markings are damaged by subsequent precipitation, the Contractor is responsible for all required replacement costs.

4.3.1. Type I Markings. Place the Type I marking after the sealer cures. Apply within the temperature limits recommended by the material manufacturer. Flush the spray head if spray application operations cease for 5 min or longer by spraying marking material into a pan or similar container until the material being applied is at the recommended temperature.

Apply on clean, dry pavements passing the moisture test described in Section 666.4.1., “General,” and with a surface temperature above 50°F when measured in accordance with Tex-829-B.

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666 4.3.1.1. Non-Profile Pavement Markings. Apply Type I non-profile markings with a minimum thickness of:  0.100 in. (100 mils) for new markings and retracing water-based markings on surface treatments involving Item 316, “Seal Coat,”  0.060 in. (60 mils) for retracing on thermoplastic pavement markings, or  0.090 in. (90 mils) for all other Type I markings.

The maximum thickness for Type I non-profile markings is 0.180 in. (180 mils). Measure thickness for markings in accordance with Tex-854-B using the tape method.

4.3.1.2. Profile Pavement Markings. Apply Type I profile markings with a minimum thickness of:  0.060 in. (60 mil) for edgeline markings, or  0.090 in. (90 mil) for gore and centerline/no-passing barrier line markings.

In addition, at a longitudinal spacing indicated on the plans, the markings must be profiled in a vertical manner such that the profile is transverse to the longitudinal marking direction. The profile must not be less than 0.30 in. (300 mil) nor greater than 0.50 in. (500 mil) in height when measured above the normal top surface plane of the roadway. The transverse width of the profile must not be less than 3.25 in., and the longitudinal width not less than 1 in., when measured at the top surface plane of the profile bar. The profile may be either a 1 or 2 transverse bar profile. When the 2 transverse bar profile is used, the spacing between the bases of the profile bars must not exceed 0.50 in. The above transverse bar width is for each 4 in. of line width.

4.3.2. Type II Markings. Apply on surfaces with a minimum surface temperature of 50°F. Apply at least 20 gal. per mile on concrete and asphalt surfaces and at least 22 gal. per mile on surface treatments for a solid 4-in. line. Adjust application rates proportionally for other widths. When Type II markings are used as a sealer for Type I markings, apply at least 15 gal. per mile using Type II drop-on beads.

4.3.3. Bead Coverage. Provide a uniform distribution of beads across the surface of the stripe for Type I and Type II markings, with 40% to 60% bead embedment.

4.4. Retroreflectivity Requirements. When specified on the plans, Type I markings must meet the following minimum retroreflectivity values for edgeline markings, centerline or no passing barrier-line, and lane lines when measured any time after 3 days, but not later than 10 days after application:  White markings: 250 millicandelas per square meter per lux (mcd/m2/lx)  Yellow markings: 175 mcd/m2/lx

4.5. Retroreflectivity Measurements. Use a mobile retroreflectometer for projects requiring minimum retroreflectivity requirements to measure retroreflectivity for Contracts totaling more than 200,000 ft. of pavement markings, unless otherwise shown on the plans. For Contracts with less than 200,000 ft. of pavement markings or Contracts with callout work, mobile or portable retroreflectometers may be used at the Contractor’s discretion.

4.5.1. Mobile Retroreflectometer Measurements. Provide mobile measurements averages for every 0.1 miles unless otherwise specified or approved. Take measurements on each section of roadway for each series of markings (i.e., edgeline, center skip line, each line of a double line, etc.) and for each direction of traffic flow. Measure each line in both directions for centerlines on two-way roadways (i.e., measure both double solid lines in both directions and measure all center skip lines in both directions). Furnish measurements in compliance with Special Specification, “Mobile Retroreflectivity Data Collection for Pavement Markings,” unless otherwise approved. The Engineer may require an occasional field comparison check with a portable retroreflectometer meeting the requirements listed above to ensure accuracy. Use all equipment in accordance with the manufacturer’s recommendations and directions. Inform the Engineer at least 24 hr. before taking any measurements.

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666 A marking meets the retroreflectivity requirements if:  the combined average retroreflectivity measurement for a one-mile segment meets the minimum retroreflectivity values specified, and  no more than 30% of the retroreflectivity measurement values are below the minimum retroreflectivity requirements value within the one-mile segment.

The Engineer may accept failing one-mile segments if no more than 20% of the retroreflectivity measurements within that mile segment are below the minimum retroreflectivity requirement value.

The one-mile segment will start from the beginning of the data collection and end after a mile worth of measurements have been taken; each subsequent mile of measurements will be a new segment. Centerlines with 2 stripes (either solid or broken) will result in 2 miles of data for each mile segment. Each centerline stripe must be tested for compliance as a stand-alone stripe.

Restripe at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking if the marking fails retroreflectivity requirements. Take measurements every 0.1 miles a minimum of 10 days after this second application within that mile segment for that series of markings.

If the markings do not meet minimum retroreflectivity after 10 days of this second application, the Engineer may require removal of all existing markings, a new application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.

4.5.2. Portable Retroreflectometer Measurements. Take a minimum of 20 measurements for each 1-mi. section of roadway for each series of markings (i.e., edgeline, center skip line, each line of a double line, etc.) and direction of traffic flow when using a portable reflectometer. Measure each line in both directions for centerlines on two-way roadways (i.e., measure both double solid lines in both directions and measure all center skip lines in both directions). The spacing between each measurement must be at least 100 ft. The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results. The Engineer may require the original number of measurements if concerns arise.

Restripe once at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of these measurements fails. Take a minimum of 10 more measurements after 10 days of this second application within that mile segment for that series of markings. Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of these measurements fall below the minimum retroreflectivity requirements. If the markings do not meet minimum retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.

4.5.3. Traffic Control. Provide traffic control, as required, when taking retroreflectivity measurements after marking application. On low volume roadways (as defined on the plans), refer to the figure, “Temporary Road Closure” in Part 6 of the Texas Manual on Uniform Traffic Control Devices for the minimum traffic control requirements. For all other roadways, the minimum traffic control requirements will be as shown on the Traffic Control Plan (TCP) standard sheets TCP (3-1) and TCP (3-2). The lead vehicle will not be required on divided highways. The TCP and traffic control devices must meet the requirements listed in Item 502, “Barricades, Signs, and Traffic Handling.” Time restrictions that apply during striping application will also apply during the retroreflectivity inspections except when using the mobile retroreflectometer unless otherwise shown on the plans or approved.

4.6. Performance Period. All markings must meet the requirements of this specification for at least 30 calendar days after installation. Unless otherwise directed, remove pavement markings that fail to meet requirements, and replace at the Contractor’s expense. Replace failing markings within 30 days of notification. All replacement markings must also meet all requirements of this Item for a minimum of 30 calendar days after installation.

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666 5. MEASUREMENT

This Item will be measured by the foot; by each word, symbol, or shape; or by any other unit shown on the plans. Each stripe will be measured separately.

This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

Acrylic or epoxy sealer, or Type II markings when used as a sealer for Type I markings, will be measured by the foot; by each word, symbol, or shape; or by any other unit shown on the plans.

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Pavement Sealer” of the size specified, “Retroreflectorized Pavement Markings” of the type and color specified and the shape, width, size, and thickness specified as applicable, “Retroreflectorized Pavement Markings with Retroreflective Requirements” of the types, colors, sizes, widths, and thicknesses specified or “Retroreflectorized Profile Pavement Markings” of the various types, colors, shapes, sizes, and widths specified.

This price is full compensation for application of pavement markings, materials, equipment, labor, tools, and incidentals.

Surface preparation of new concrete and asphalt concrete pavements more than 3 years old, where no stripe exists, will be paid for under Item 678, “Pavement Surface Preparation for Markings.” Surface preparation of all other asphalt and old concrete pavement, except for sealing, will not be paid for directly but is subsidiary to this Item.

Work zone pavement markings (Type II, paint and beads) used as a sealer for Type I markings (thermoplastic) will be paid for under Item 662, “Work Zone Pavement Markings.”

If the Engineer requires that markings be placed in inclement weather, repair or replacement of markings damaged by the inclement weather will be paid for in addition to the original plans quantity.

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666-007

Special Provision to Item 666 Retroreflectorized Pavement Markings

Item 666, “Retroreflectorized Pavement Markings,” of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed.

Section 2.3., “Glass Traffic Beads.” The first paragraph is voided and replaced by the following:

Furnish drop-on glass beads in accordance with DMS-8290, “Glass Traffic Beads,” or as approved. Furnish a double-drop of Type II and Type III drop-on glass beads for longitudinal pavement markings where each type bead is applied separately in equal portions (by weight), unless otherwise approved. Apply the Type III beads before applying the Type II beads. Furnish Type II beads for work zone pavement markings and transverse markings or symbols.

Section 4.3.1., “Type I Markings.,” is supplemented by the following:

4.3.1.3. Spot Striping. Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans.

Section 4.3.2., “Type II Markings.,” is supplemented by the following:

4.3.2.1. Spot Striping. Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans.

Section 4.4., “Retroreflectivity Requirements.,” is voided and replaced by the following.

Type I markings for Contracts totaling more than 20,000 ft. of pavement markings must meet the following minimum retroreflectivity values for all longitudinal edgeline, centerline or no passing barrier-line, and lane line markings when measured any time after 3 days, but not later than 10 days after application.  White markings: 250 millicandelas per square meter per lux (mcd/m2/lx)  Yellow markings: 175 mcd/m2/lx

Retroreflectivity requirements for Type I markings are not required for Contracts with less than 20,000 ft. of pavement markings or Contracts with callout work, unless otherwise shown on the plans.

Section 4.5., “Retroreflectivity Measurements.,” is voided and replaced by the following:

Use a mobile retroreflectometer to measure retroreflectivity for Contracts totaling more than 50,000 ft. of pavement markings, unless otherwise shown on the plans. For Contracts with less than 50,000 ft. of pavement markings, mobile or portable retroreflectometers may be used at the Contractor’s discretion. Coordinate with and obtain authorization from the Engineer before starting any retroreflectivity data collection.

Section 4.5.1., “Mobile Retroreflectometer Measurements.” The last paragraph is voided and replaced by the following.

Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements. Take measurements every 0.1 miles a minimum of 10 days after this third application within that mile segment for that series of markings. If the markings do not meet minimum retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.

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Section 4.5.2., “Portable Retroreflectometer Measurements.” The first and second paragraphs are voided and replaced by the following.

Provide portable measurement averages for every 1.0 mile unless otherwise specified or approved. Take a minimum of 20 measurements for each 1-mi. section of roadway for each series of markings (e.g., edgeline, center skip line, each line of a double line) and direction of traffic flow when using a portable reflectometer. Measure each line in both directions for centerlines on two-way roadways (i.e., measure both double solid lines in both directions and measure all center skip lines in both directions). The spacing between each measurement must be at least 100 ft. The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results. The Engineer may require the original number of measurements if concerns arise.

Restripe at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the averages of these measurements fail. Take a minimum of 10 more measurements after 10 days of this second application within that mile segment for that series of markings. Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements. If the markings do not meet minimum retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.

Section 4.6. “Performance Period.” The first sentence is voided and replaced by the following:

All longitudinal markings must meet the minimum retroreflectivity requirements within the time frame specified. All markings must meet all other performance requirements of this specification for at least 30 calendar days after installation.

Article 6. “Payment.” The first two paragraphs are voided and replaced by the following.

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Pavement Sealer” of the size specified; “Retroreflectorized Pavement Markings” of the type and color specified and the shape, width, size, and thickness (Type I markings only) specified, as applicable; “Retroreflectorized Pavement Markings with Retroreflective Requirements” of the types, colors, sizes, widths, and thicknesses specified; “Retroreflectorized Profile Pavement Markings” of the various types, colors, shapes, sizes, and widths specified; or “Reflectorized Pavement Marking (Call Out)” of the shape, width, size, and thickness (Type I markings only) specified, as applicable; or “Pavement Sealer (Call Out)” of the size specified.

This price is full compensation for materials, application of pavement markings, equipment, labor, tools, and incidentals.

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Item 668 Prefabricated Pavement Markings

1. DESCRIPTION

Furnish and place retroreflectorized or non-reflectorized (contrast) prefabricated pavement markings.

2. MATERIALS

Furnish prefabricated pavement marking materials in accordance with DMS-8240, “Permanent Prefabricated Pavement Markings.”

Furnish prefabricated pavement marking materials used for contrast markings in accordance with DMS-8240, “Permanent Prefabricated Pavement Markings,” with the exception that the color requirement for the black contrast portion does not have to meet the color requirements specified for white or yellow markings. Store all materials in a weatherproof enclosure and prevent damage during storage.

3. CONSTRUCTION

3.1. General. Obtain approval for the sequence of work and estimated daily production. Remove all waste generated from the jobsite before the end of each working day.

Establish guides to mark the lateral location of pavement markings as shown on the plans or as directed, and have guide locations verified. Use guide material that will not leave a permanent mark on the roadway.

Place pavement markings in alignment with the guides without deviating from the alignment more than 1 in. per 200 ft. of roadway or more than 2 in. maximum and with no abrupt deviations.

3.2. Placement Limitations. Do not place Type B pavement-marking materials between September 30 and March 1 unless otherwise directed.

3.2.1. Moisture. Apply material to pavement that is completely dry. Pavement will be considered dry if, on a sunny day after 15 min., no condensation occurs on the underside of a 1-sq. ft. piece of clear plastic that has been placed on the pavement and weighted on the edges.

3.2.2. Temperature. Follow pavement and ambient air temperature requirements recommended by the material manufacturer. Do not place material when the pavement temperature is below 60°F or above 120°F if the material manufacturer does not establish temperature requirements.

3.3. Dimensions. Place markings in accordance with the color, length, width, shape, and configuration shown on the plans. Locate alignment as shown on the plans or as directed.

3.4. Methods. Place all materials in accordance with the material manufacturer’s instructions, as well as the surface condition, moisture and temperature requirements of this Item, unless otherwise directed.

3.5. Surface Preparation. Prepare surface by any approved cleaning method that effectively removes contaminants, loose materials, and conditions deleterious to proper adhesion. Abrasive or water-blast cleaning is not required unless shown on the plans. Blast clean, when required, in accordance with Item 678, “Pavement Surface Preparation for Markings.” Prepare surfaces further after cleaning by sealing or priming as recommended by the pavement-marking material manufacturer or as directed. Use adhesive, when

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668 required, of the type and quality recommended by the pavement-marking material manufacturer. Do not clean concrete pavement surfaces by grinding.

3.6. Performance Requirements.

3.6.1. Adhesion. Ensure markings do not lift, shift, smear, spread, flow, or tear by traffic action.

3.6.2. Appearance. Ensure markings present a neat, uniform appearance that is free of excessive adhesive, ragged edges, and irregular lines or contours.

3.6.3. Visibility. Ensure markings have uniform and distinctive retroreflectance when inspected in accordance with Tex-828-B.

3.7. Performance Period. All markings must meet the requirements of this Item for at least 30 calendar days after installation. Remove and replace all pavement markings that fail to meet requirements at the Contractor’s expense unless otherwise directed. Replace failing markings within 30 days of notification. All replacement markings must also meet all requirements of this Item for a minimum of 30 calendar days after installation.

4. MEASUREMENT

This Item will be measured by the foot or by each word, shape, or symbol.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Prefabricated Pavement Markings” of the type and color specified and the shape, width, and size specified as applicable. This price is full compensation for cleaning the pavement by any means other than required abrasive or water-blast cleaning or milling; furnishing and placing materials; and equipment, labor, tools, and incidentals.

Abrasive or water-blast cleaning and milling, when shown on the plans, will be paid for under Item 678, “Pavement Surface Preparation for Markings.”

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672

Item 672 Raised Pavement Markers

1. DESCRIPTION

Furnish and install raised pavement markers (RPMs).

2. MATERIALS

2.1. Markers. Furnish RPMs in accordance with the following Department Material Specifications:  Reflectorized Pavement Markers. DMS-4200, “Pavement Markers (Reflectorized),” types I-A, I-C, I-R, II-A-A, and II-C- R.  Traffic Buttons. DMS-4300, “Traffic Buttons,” types I-A, I-C, I-R, II-A-A, II-C- R, W, Y and B. Round or oval unless otherwise specified on the plans.  Plowable Reflectorized Pavement Markers. DMS-4210, “Snowplowable Pavement Markers,” types I-A, I-C, I-R, II-A-A, and II-C- R.

The following are descriptions for each type of RPM:  Type I-A. The approach face must retro-reflect amber light. The body, other than the retro-reflective face, must be yellow.  Type I-C. The approach face must retro-reflect white light. The body, other than the retro-reflective face, must be white or silver-white.  Type I-R. The trailing face must retro-reflect red light. The body, other than the retro-reflective face, must be white or silver-white, except for I-R plowable markers which may be black.  Type II-A-A. The 2 retro-reflective faces (approach and trailing) must retro-reflect amber light. The body, other than the retro-reflective faces, must be yellow.  Type II-C-R. Contain 2 retro-reflective faces with an approach face that must retro-reflect white light and a trailing face that must retro-reflect red light. The body, other than the retro-reflective faces, must be white or silver-white.  Type W. Must have a white body and no reflective faces.  Type Y. Must have a yellow body and no reflective faces.  Type B. Must have a black body and no reflective faces.

2.2. Adhesives. Furnish adhesives that conform to the following requirements:  DMS-6100, “Epoxies and Adhesives,” Type II—Traffic Marker Adhesives.  DMS-6130, “Bituminous Adhesive for Pavement Markers.”  The Contractor may propose alternate adhesive materials for consideration and approval.

2.3. Sampling. The Engineer will sample in accordance with Tex-729-I.

3. CONSTRUCTION

Remove existing RPMs in accordance with Item 677, “Eliminating Existing Pavement Markings and Markers,” except for measurement and payment. Furnish RPMs for each class from the same manufacturer. Prepare all surfaces in accordance with Item 678, “Pavement Surface Preparation for Markings,” when shown on the

1

672 plans. Ensure the bond surfaces are free of dirt, curing compound, grease, oil, moisture, loose or unsound pavement markings, and any other material that would adversely affect the adhesive bond.

Establish pavement marking guides to mark the lateral location of RPMs as shown on the plans and as directed. Do not make permanent marks on the roadway for the guides.

Place RPMs in proper alignment with the guides. Acceptable placement deviations are shown on the plans.

Remove RPMs placed out of alignment or sequence, as shown on the plans or stated in this specification, at Contractor’s expense, in accordance with Item 677, “Eliminating Existing Pavement Markings and Markers” (except for measurement and payment).

Use the following adhesive materials for placement of reflectorized pavement markers, and traffic buttons unless otherwise shown on the plans:  standard or flexible bituminous adhesive for applications on bituminous pavements, and  epoxy adhesive or flexible bituminous adhesive for applications on hydraulic cement concrete pavements.

Use epoxy adhesive for plowable reflectorized pavement markers.

Apply enough adhesives to:  ensure that 100% of the bonding area of RPMs is in contact with the adhesive, and  ensure that RPMs, except for plowable markers, are seated on a continuous layer of adhesive and not in contact with the pavement surface.

Apply adhesives in accordance with manufacturer’s recommendations unless otherwise required by this Article. Apply bituminous adhesive only when pavement temperature and RPM temperature are 40°F or higher. Do not heat bituminous adhesive above 400°F. Machine agitate bituminous adhesive continuously before application to ensure even heat distribution.

Machine-mix epoxy adhesive. Apply epoxy adhesive only when pavement temperature is 50°F or higher.

Furnish RPMs free of rust, scale, dirt, oil, grease, moisture, and contaminants that might adversely affect the adhesive bond.

Place RPMs immediately after the adhesive is applied and ensure proper bonding. Do not use adhesives or any other material that impairs the functional retro-reflectivity of the RPMs.

Provide a 30-day performance period that begins the day following written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. This written acceptance does not constitute final acceptance.

Replace all missing, broken or non-reflective RPMs. Visual evaluations will be used for these determinations. Upon request, the Engineer will allow a Contractor representative to accompany the Engineer on these evaluations.

The Engineer may exclude RPMs from the replacement provisions of the performance, provided the Engineer determines the failure is a result of causes other than defective material or inadequate installation procedures. Examples of outside causes are extreme wear at intersections, damage by snow or ice removal, and pavement failure.

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672 Replace all missing or non-reflective RPMs identified during the performance period within 30 days after notification. The end of the performance period does not relieve the Contractor from the performance deficiencies requiring corrective action identified during the performance period.

4. MEASUREMENT

This Item will be measured by each RPM.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments are required.

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Reflectorized Pavement Marker,” “Traffic Button,” or “Plowable Reflectorized Pavement Marker” of the types specified. This price is full compensation for removing existing markers; furnishing and installing RPMs; and materials, equipment, labor, tools, and incidentals.

No additional payment will be made for replacement of RPMs failing to meet the performance requirements.

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677

Item 677 Eliminating Existing Pavement Markings and Markers

1. DESCRIPTION

Eliminate existing pavement markings and raised pavement markers (RPMs).

2. MATERIALS

Furnish surface treatment materials in accordance with the following Items:  Item 300, “Asphalts, Oils, and Emulsions”  Item 302, “Aggregates for Surface Treatments”  Item 316, “Seal Coat”

Use approved patching materials for repairing damaged surfaces.

Use a commercial abrasive blasting medium capable of producing the specified surface cleanliness. Use potable water when water is required.

3. EQUIPMENT

Furnish and maintain equipment in good working condition. Use moisture and oil traps in air compression equipment to remove all contaminants from the blasting air and prevent the deposition of moisture, oil, or other contaminants on the roadway surface.

4. CONSTRUCTION

Eliminate existing pavement markings and markers on both concrete and asphaltic surfaces in such a manner that color and texture contrast of the pavement surface will be held to a minimum. Remove all markings and markers with minimal damage to the roadway to the satisfaction of the Engineer. Repair damage to asphaltic surfaces, such as spalling, shelling, etc., greater than 1/4 in. deep resulting from the removal of pavement markings and markers. Dispose of markers in accordance with federal, state, and local regulations. Use any of the following methods unless otherwise shown on the plans:

4.1. Surface Treatment Method. Apply surface treatment material at rates shown on the plans, or as directed. Place a surface treatment a minimum of 2 ft. wide to cover the existing marking. Place a surface treatment, thin overlay, or microsurfacing a minimum of one lane in width in areas where directional changes of traffic are involved or other areas as directed.

4.2. Burn Method. Use an approved burning method. For thermoplastic pavement markings or prefabricated pavement markings, heat may be applied to remove the bulk of the marking material before blast cleaning. When using heat, avoid spalling pavement surfaces. Sweeping or light blast cleaning may be used to remove minor residue.

4.3. Blasting Method. Use a blasting method such as water blasting, abrasive blasting, water abrasive blasting, shot blasting, slurry blasting, water-injected abrasive blasting, or brush blasting as approved. Remove pavement markings on concrete surfaces by a blasting method.

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677

4.4. Mechanical Method. Use any mechanical method except grinding. Flail milling is acceptable in the removal of markings on asphalt and concrete surfaces.

5. MEASUREMENT

This Item will be measured by each word, symbol, or shape eliminated; by the foot of marking eliminated; or by any other unit shown on the plans.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Eliminating Existing Pavement Markings and Markers” of the type and width as applicable. This price is full compensation for the elimination method used and materials, equipment, tools, labor, and incidentals. Removal of RPMs will not be paid for directly but will be subsidiary to the pertinent bid items.

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678

Item 678 Pavement Surface Preparation for Markings

1. DESCRIPTION

Prepare pavement surface areas before placement of pavement markings and raised pavement markers (RPMs). Item 677, “Eliminating Existing Pavement Markings and Markers,” governs removal of existing markings.

2. MATERIALS

Use a commercial abrasive blasting medium capable of producing the specified surface cleanliness. Use potable water, when water is required.

3. EQUIPMENT

Furnish and maintain equipment in good working condition. Use moisture and oil traps in air compression equipment to remove all contaminants from the blasting air and prevent the deposition of moisture, oil, or other contaminants on the roadway surface.

4. CONSTRUCTION

Prepare enough pavement surface for the pavement markings or RPMs shown on the plans. Remove all contamination and loose material. Avoid damaging the pavement surface. Remove loose and flaking material when existing pavement markings are present. Approved pavement surface preparation methods are sweeping, air blasting, flail milling, and blast cleaning unless otherwise specified on the plans.

Air blast concrete pavement surfaces, in addition to the above, after the removal of contamination or existing material and just before placing the stripe. Perform air blasting with a compressor capable of generating compressed air at a minimum of 150 cu. ft. per minute and 100 psi using 5/16 in. or larger hosing.

Contaminants up to 0.5 sq. in. may remain if they are not removed by the following test, performed just before application of markings:  Step 1. Air blast the surface to be tested, to simulate blasting during application of markings.  Step 2. Firmly press a 10-in. long, 2-in. wide strip of monofilament tape onto the surface, leaving approximately 2 in. free.  Step 3. Grasp the free end and remove the tape with a sharp pull.

5. MEASUREMENT

This Item will be measured by the foot for each width specified; by each word, shape, or symbol; or by any other unit except lump sum.

This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., “Plans Quantity Measurement.” Additional measurements or calculations will be made if adjustments of quantities are required.

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678

6. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Pavement Surface Preparation for Markings” of the type and width as applicable. This price is full compensation for the cleaning method used, materials, equipment, labor, tools, and incidentals.

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SS 5901

Special Specification 5901 Plastic Speed Bump

1. DESCRIPTION

This Item governs for the materials and installation of plastic speed bumps at the locations as indicated on the plan drawings.

2. MATERIALS

Submit to the Engineer the manufacturer’s specifications, supporting reports and data, and detailed shop drawings of plastic speed bump for pre-approval. The materials and construction will be governed by the following specification.

2.1 Products: Plastic Speed Bump.

2.2 Style: Plastic Speed Bumps shall measure a minimum of 8 feet in length and 10 inches wide made up of a plastic material capable of withstanding 50,000 lbs per axel. The height of the speed bump shall be 2 inches.

2.3 Finish: Molded in yellow color finish that resists UV deterioration, mildew, staining and fading. Speed bump color to be approved by Cameron County.

2.4 Warranty: Warranty must be for 5 yrs. and cover installation and materials.

2.5 Hardware: Includes all hardware needed to mount onto surface. Hardware must be stainless steel.

3. CONSTRUCTION

Perform the following as shown on the plans.

3.1 Installation. Notify the county 24 hrs. before the closure of single traffic lanes and installation of plastic speed bumps. Use materials and construction methods in accordance with the manufacturer’s specifications and as shown on the plan details. Provide Engineer with manufacturer’s specifications and installation information.

3.2 Removal. Notify the county 24 hrs. before the closure of single traffic lanes and removal of plastic speed bumps. Remove plastic speed bumps from an existing location and dispose of materials. Clean and repair the existing surface to a suitable driving condition as approved by the Engineer.

4. MEASUREMENT

This Item will be measured by each plastic speed bump.

1 - 2 SS 5901

5. PAYMENT

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Plastic Speed Bump”. This price will be full compensation for furnishing all materials, removing, hauling, installing, disposal of unsalvageable materials, equipment, labor, tools, and incidentals necessary to complete the work as shown on the plans.

5.1 Install. This price is full compensation for furnishing and installing plastic speed bump.

5.2 Remove. This price is full compensation for removing plastic speed bump from the project, retained, and disposed of by the contractor.

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