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HomeMy WebLinkAboutRes 2025-10-1847 Awarding Pavement Improvements fort 4th Street to Pace Construction ServicesCITY OF ANNA, TEXAS CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF Project: PAVEMENT IMPROVEMENTS FOR 4TH STREET TDA Contract Number: CDM23-0231 September 5, 2025 (INSERT ENGINEERING SEAL) 33 October 21, 2025 LICENSED STATE O F TEXAS PROFESSIONAL ENGINEER Eduardo E. Reyes 133176 10/21/2025 Table of Contents Contract Agreement ........................................................................................................................... 1 Section 1. Documents Incorporated by Reference ................................................................................... 1 Section 2. Representation of the Contractor ............................................................................................ 2 Section 3. Intent & Interpretation ............................................................................................................ 2 Section 4. Contractor Performance .......................................................................................................... 4 Section 5. Time for Contractor’s Performance; Delays ............................................................................. 4 Section 6. Fixed Price & Contract Payments ............................................................................................. 6 Section 7. Information & Material Supplied by the City ........................................................................... 9 Section 8. Cease & Desist Order/Owner’s Right to Perform Work ........................................................... 9 Section 9. Contractor’s Duties, Obligations & Responsibilities ............................................................... 10 Section 10. Indemnity ............................................................................................................................. 13 Section 11. Claims by the Contractor ...................................................................................................... 13 Section 12. Subcontractors ..................................................................................................................... 14 Section 13. Change Orders ...................................................................................................................... 14 Section 14. Discovering & Correcting Defective or Incomplete Work .................................................... 17 Section 15. City’s Right to Suspend Contractor’s Performance .............................................................. 18 Section 16. Termination By the City ........................................................................................................ 18 Section 17. Insurance .............................................................................................................................. 20 Section 18. Performance & Payment Bonds; Surety Bonds .................................................................... 22 Section 19. Project Records .................................................................................................................... 22 Section 20. Applicable Law ..................................................................................................................... 22 Section 21. Successors & Assigns ............................................................................................................ 24 Section 22. Miscellaneous Provisions ..................................................................................................... 24 Section 23. Entire Agreement ................................................................................................................. 25 Section 24. Severability ........................................................................................................................... 25 Section 25. Waiver .................................................................................................................................. 25 Supplemental General Provisions ..................................................................................................... 26 Qualification Statement of Bidder Surety .......................................................................................... 42 Prevailing Wages Rates..................................................................................................................... 43 Vendors Compliance to State Law ..................................................................................................... 49 Conflict of Interest Questionnaire ..................................................................................................... 50 Affidavit Against Prohibited Acts ...................................................................................................... 52 Request for Certificate of Exemption from Texas Limited Sales, Excise & Use Tax ................................ 53 Code of Conduct – Conflict of Interest Policy Pertaining to Procurement Procedures .……………………….54 Section 3 Guidelines for Construction Contractors .……………………………………………………………………………57 Contractor Certifications……………………………………………………………………………………………………………………61 Contractor’s Section 3 New Hires Report……………………………………………………………………………………………62 Section 3 Certification as S3 Business Concern ……………………………………………………………………….…………63 House Bills 13, 19, & 89 Verification ………………………………………………………………………………………………….64 Child Support Obligation Certification……………………………………………………………………………………………….65 TxCDBG Policy Issuance 23-01 – BABA and VAWA ……………………………………………………………………………..66 VAWA Certification……………………………………………………………………………………………………………………………70 BABA Compliance Form ……………………………………………………………………………………………………………………72 BABA Q&A………………………………………………………………………………………………………………………………………..75 Performance Bond ........................................................................................................................... 77 Payment Bond ................................................................................................................................. 79 Maintenance Bond ........................................................................................................................... 81 Certificate of Insurance .................................................................................................................... 83 Certificate of Interested Parties ........................................................................................................ 86 Materials & Construction Methods ................................................................................................... 87 North Central Texas Standard Specifications ...................................................................................... 91 TxDOT Standard Specifications.……………………………………………………………………………………………………….111 Contract Agreement CONTRACT AGREEMENT THIS ______________________________ Contract (hereinafter this "Contract Agreement") entered into this ______ day of _______________, 20_____ by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, (“City”) and Pace Construction Services ("Contractor"), located at 733 Morris Dr, Garland, TX 75040 . W I T N E S S E T H: WHEREAS, the City wishes to contract for the project identified as Pavement Improvements for 4th Street (the “Project”); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as “Work”): The project entails the addition of sidewalks and street lighting along 4th Street between North Powell Parkway and Riggins Street. There will also be asphalt pavement removal and replacement at the intersection with Interurban Street; this includes crosswalk striping, stop bar marking, and four barrier- free ramps. Residential and commercial driveways will also be repaved to maintain 2% maximum cross grade where the driveways are adjacent to sidewalk. Driveways will be tied back to existing at 10% maximum slope. Curb and gutter will be added along the north side of Fourth Street and east of Interurban Street; the adjacent roadway will be repaved as necessary to tie back into the existing road elevations at 6% maximum cross slope. Drainage will be maintained east to west along the curb and gutters. Proposed sidewalks will have a maximum cross slope of 2%. Silt fence and erosion control logs will be installed and maintained to prevent sediment from leaving the site during construction. in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: • Contract Agreement • Supplemental General Provisions • Qualification Statement of Bidder's Surety • Prevailing Wage Rates for Municipal Construction in Anna, Texas Contract Agreement • Vendors Compliance to State Law • Conflicts of Interest Questionnaire • Affidavit Against Prohibited Acts • Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax • Performance Bond • Payment Bond • Maintenance Bond • Certificate of Insurance • Form 1295 • Technical Specifications; and, • Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid, all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the “Contract” or “Contract Documents”). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above-listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for “strict” compliance or conformance with the Contract Documents as to matters—other than compliance with time limits, providing an updated schedule, and claim and change order procedures—the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. Contract Agreement Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as-built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager’s designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than one hundred twenty (120) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the “Contract Time”). This Contract Time includes Fifteen (15) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City’s consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict Contract Agreement compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is Contract Agreement reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor’s entitlement to any extension of time. (4) Extensions of time will be the contractor’s primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City’s ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re-execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $ 487,986.00 . The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non-conforming and in Section 5.02 above for anticipated liquidated damages. Contract Agreement (2)Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work. (3)Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4)Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor’s Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5)The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint-check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co-payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project-related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor’s work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contract Agreement Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City’s instructions, provide a written, verified plan to eliminate or correct the cause of the City’s order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. Contract Agreement 8.02 The provisions of this section shall be in addition to the City’s ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR’S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on- site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City’s independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below—and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager’s designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: Contract Agreement NAME FUNCTION If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor’s schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager’s designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor’s schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do Contract Agreement so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub-subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor’s primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for Contract Agreement damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law, City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney’s fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a proceeding to enforce this Section 10) which in whole or in part are caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in Contractor’s performance of this Contract Agreement. 10.02 Contractor’s obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such injury or damage shall accrue, or may be discovered, before or after termination of the Contract. 10.03 Contractor’s failure to comply with this section’s provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing Contract Agreement it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor’s proposed choice as replacement. If the approved replacement subcontractor’s cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor’s cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City’s sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager’s express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency Contract Agreement management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager’s expressly authorized designee(s). 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not-to-exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor’s proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home-office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. Contract Agreement The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor’s or Subcontractor’s Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor’s or Subcontractor’s Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor’s or Subcontractor’s Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor’s materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: 1. For the Contractor, for any work performed by the Contractor’s own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub-subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub-subcontractor. Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor’s Materials Cost + Contractor’s Direct Labor Costs + Contractor’s Equipment Costs (includes owned/rental equipment)1 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor’s Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer’s warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor’s actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor’s Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor’s actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager’s designee when machinery and construction equipment not so listed is required. Contract Agreement costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home-office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when Contract Agreement termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above—if contingent assignment of such contracts has not been elected as provided herein—shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City’s rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City’s sole option, and Contract Agreement assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non-Appropriation. The City may also terminate the Contract, in whole or in part, for non-appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers’ Compensation/Employer’s Liability Insurance Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Contract Agreement Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. 17.04 Contractor shall furnish insurance certificates or insurance policies at the City’s request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days’ prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor’s failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City’s incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non-renewal. Such Certificates shall contain the following wording: “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN.” If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder’s risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub-subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best’s rating of “A+, A, A-”. The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Contract Agreement Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW Contract Agreement The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non-jury hearing in Collin County, Texas. Contract Agreement Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City-issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub-subcontracts, and shall ensure withholding on out of state sub and sub-subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 120 West 7th Street Anna, Texas 79406 If to the Contractor: Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City’s authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CONTRACTOR: ATTEST: _____________________________ ________________________________ By: __________________________ By: _____________________________ Printed Name: _________________ Printed Name: ____________________ Title:_________________________ Title:____________________________ OWNER: ATTEST: City of Anna City Manager, City of Anna By: __________________________ By: _____________________________ Printed Name: Marc Marchand Printed Name: Carrie Land________ Title: City Manager, City of Anna_ Title: City Secretary, City of Anna______ General Provisions SUPPLEMENTARY GENERAL PROVISIONS SECTION 1. SUPPLEMENTARY GENERAL PROVISIONS 1.01 PURPOSE OF SUPPLEMENTARY GENERAL PROVISIONS: This project shall be constructed in accordance with the current City of Anna Standard Specifications (“Standard Specifications”), which include the NCTCOG Standard Specifications for Public Works Construction, latest edition, and which for the purposes of this Contract Agreement also include the these Supplementary General Provisions; provided that where any discrepancies occur between the Supplementary General Provisions and the Standard Specifications, the Supplementary General Provisions shall govern . The Supplementary General Provisions are included herein for the purpose of adapting the Standard Specifications to the project which is the subject of the Contract Agreement and of adding thereto such further provisions as may be necessary to state the agreement in its entirety. 1.02 SCOPE OF WORK: A.Work is to be done in accordance with City of Anna Standard Specifications. B.The work done under the contract documents shall consist of the following: The project entails the addition of sidewalks and street lighting along 4th Street between North Powell Parkway and Riggins Street. There will also be asphalt pavement removal and replacement at the intersection with Interurban Street; this includes crosswalk striping, stop bar marking, and four barrier-free ramps. Residential and commercial driveways will also be repaved to maintain 2% maximum cross grade where the driveways are adjacent to sidewalk. Driveways will be tied back to existing at 10% maximum slope. Curb and gutter will be added along the north side of Fourth Street and east of Interurban Street; the adjacent roadway will be repaved as necessary to tie back into the existing road elevations at 6% maximum cross slope. Drainage will be maintained east to west along the curb and gutters. Proposed sidewalks will have a maximum cross slope of 2%. Silt fence and erosion control logs will be installed and maintained to prevent sediment from leaving the site during construction . C.The intent of the contract documents, including the Standard Specifications, General Provisions, Technical Provisions, and other instruments, documents, drawings, maps, etc., comprising the Plans and Specifications, is to describe a completed work to be performed by the Contractor under the Contract Agreement as an independent Contractor. D.The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. E.The Contractor will maintain at all times on the job site, a superintendent authorized to receive and fulfill instructions from the engineer. General Provisions F. The Contractor further agrees that no part of the Contract Agreement shall be assigned without prior written approval from City. G. The Contractor hereby further agrees to pay to Owner as liquidated damages the sum specified herein, and quoted below, for each calendar day in excess of the time set forth in the contract documents for completion of this project. Contractor shall anticipate the following number of calendar days for precipitation type weather related delays. A total of 15 days will be allotted; these days shall be anticipated and be included as part of the progress schedule. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $25,000.00 ..................................... $100.00 Per Day $25,000 to $99,999.99 ..................................... $500.00 Per Day $100,000 to $999,999.00 ...................................... $500.00 Per Day More than $1,000,000.00 ..................................... $500.00 Per Day The sum of money thus deducted for such delay, failure for noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the Contractor shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this Contract Agreement; and if said monies be insufficient to cover the amount owing, then the Contractor or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the Owner exceed the amount of liquidated damages, Owner shall be entitled to recover its actual damages. 1.03 CONTRACTOR SURETY BONDS: With the execution and delivery of the Contract Agreement, the CONTRACTOR shall furnish and file with the Owner in the amounts herein required, the surety bonds specified hereunder. Without exception, the Owner’s bond forms, copies of which are amongst the Contract Documents and incorporated into the Contract Agreement, must be used, and exclusive venue for any lawsuit in connection with such bonds shall be in Collin County. Such surety bonds shall be in accordance with the provisions of Texas Government Code, Chapter 2253, as amended, and Art. 7.19-1 of the Insurance Code, as amended. These bonds shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract Agreement price with or without notice to the surety, but in no event shall a change which reduces the Contract Agreement amount General Provisions reduce the penal amount of such bonds. If the surety on any Bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated or ceases to meet the requirement as set forth above, CONTRACTOR shall within 20 days thereafter substitute another Bond or surety which complies with the requirement hereto. A. PERFORMANCE BOND: A good and sufficient bond in an amount not less than 100-percent of the approximate total amount of the Contract Agreement, as evidenced by the proposal tabulation, or, conditioned on the faithful performance of the work in accordance with the plans, specifications and Contract documents, including performance of any guarantees or warranties required by Owner, and including any extensions thereof, for the protection of the Owner. This bond shall also provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear or become known within a period of one year from the date of completion and acceptance of the improvement by the Owner or such lesser or greater period as may be designated in the Contract Documents. B. PAYMENT BOND: A good and sufficient bond in an amount not less than 100 - percent of the approximate total amount of the Contract Agreement, as evidenced by the proposed tabulation, or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime Contractor or a subcontractor to supply public work or material. C. MAINTENANCE BOND: A maintenance bond in the amount of 100% of the total bid price shall be executed by the contractor as principal and by a corporate surety acceptable to the owner. Said bond shall secure maintenance by the contractor on the project made the subject of the Contract Agreement for two (2) years from the date of acceptance of work by the owner. D. SURETIES: No sureties shall be accepted by the Owner who are now in default or delinquent on any bonds or who are interested in any litigation against the Owner. All bonds shall be made on forms furnished by the Owner, and shall be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the Owner. Each bond shall be executed by the Contractor and surety. Each surety shall designate on the bond the name, address and phone number of a representative for the surety located in a county of the State of Texas acceptable to the Owner to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The Owner reserves the right to reject and all sureties. E. ADDITIONAL OR SUBSTITUTE BONDS: If at any time the Owner is or becomes reasonably dissatisfied with any surety of a performance or payment bond, the CONTRACTOR shall, within five days after notice from the Owner to do so, substitute an acceptable bond (or bonds), or provide any additional bond, and such form and sum and signed by such other surety or sureties as may be reasonably satisfactory to the OWNER. The premiums on such bond shall be paid by the Contractor without recourse to the Owner. No further payments under the Contract Agreement shall be deemed due or payable until the substitute or additional bonds have been furnished to and accepted by the Owner. General Provisions 1.04 LIMITATION OF LIABILITY, INDEMNIFICATION AND INSURANCE: A. LIMITATION OF LIABILITY: The Contractor affirmatively represents that he is skilled and experienced in the use and interpretation of drawings and specifications such as those included in the Bid Documents of this Contract Agreement. Further, he also affirmatively represents that he has carefully reviewed the drawings and specifications of this Contract Agreement and that he has based his Bid solely on these documents, not relying in any way on any explanation or interpretation—oral or written—from any other source. Unless the Contractor shall give written notice to the design professional of any ambiguities contained in the drawings or specifications prior to the submission of his bid, the Contractor agrees that he shall be conclusively presumed that the Contractor has exercised his aforementioned skill and experience and found the drawings and specifications sufficient and free from ambiguities, errors, or omissions for the purpose of determining his Contract Bid Price for the performance of the work in conformity with the drawings and specifications. Submission of a Bid without prior written notice to the Owner’s Agent or any claimed ambiguities, errors or omissions shall constitute a waiver of any and all bid -price- related claims by the Contractor that are based upon any alleged ambiguities, errors, omissions or the like in the drawings or specifications. B. INDEMNIFICATION: The Contractor agrees to indemnify, defend and save harmless the OWNER and the Engineer, their consultants, agents , and employees from and against all loss or expense (including costs and attorney fees) by reason of liability imposed by law upon the Owner, Engineer, consultants, agents, and employees for damages including bodily injury, including death and property damage, including loss of use, sustained by any person or persons, arising out of or in consequence of the performance of this work, whether such injuries to person or damage to property is due or claimed to be due to the negligence of the Contractor, his sub-contractors, the Owner, the Engineer, their consultants, agents and employees, except only such injury or damage as shall have been occasioned by the sole negligence of the Owner, Engineer, Consultant, and/or other Agents. C. INSURANCE: Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain, at his sole cost and expense, until the work covered in the Contract Agreement is completed and accepted by the City of Anna, the minimum insurance coverage as follows: 1. Commercial general liability insurance at minimum combined single limits of $1,000,000 per-occurrence per-project and $2,000,000 general aggregate per- project for bodily injury and property damage, which coverage shall include products/completed operations ($1,000,000 products/completed operations aggregate), and XCU hazards. Coverage for products/completed operations must be maintained for at least two (2) years after the construction work is completed. Coverage must be maintained to cover the contractor's obligations outlined in the Contract Agreement. General Provisions 2. DEFINITIONS: a) Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the project: Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096): Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, indepen dent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries and delivery o f portable toilets. c) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. d) The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract Agreement. e) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. f) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period General Provisions shown on the current certificate of coverage ends during the duration of the project. g)The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. h)The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. i)The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, information all persons providing services on the project that they are required to be offered, and stating how a person may verify coverage and report lack of coverage. j)The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2)provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3)provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (4)obtain from each other person with whom it contracts, and provide to the contractor: •a certificate of coverage, prior to the other person beginning work on the project; and, •a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; General Provisions (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and, (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. k) By signing the Contract Agreement or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. l) The contractor's failure to comply with any of these provisions is a breach of Contract Agreement by the contractor which entities the governmental entity to declare the Contract Agreement void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non-owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for bodily injury (per person); $500,000.00 for bodily injury (per accident) and $100,000.00 for property damage. Such insurance shall include coverage for loading and unloading hazards. 4. Payment and performance bonds in the amount of the contract price and on the form as provided in the contract documents. PLEASE NOTE: The required limits may be satisfied by any combination of primary, excess, or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The contractor may maintain reasonable and customary deductibles, subject to approval by the City of Anna. A comprehensive general liability insurance form may be used in lieu of a commercial general liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 per-occurrence, combined single limit, and coverage must include a broad form comprehensive general liability endorsement, coverage for products/completed operations, no restrictions on XCU hazards, and broad form contractual liability covering the obligations included in the Contract Agreement. General Provisions With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: • The City of Anna shall be named as an additional insured with respect to general liability and automobile liability. • All liability policies shall contain cross liability and severability of interest clauses. • A waiver of subrogation in favor of the City of Anna shall be contained in the workers’ compensation insurance policy. • All insurance policies shall be endorsed to require the insurer to immediately notify the City of Anna of any material change in the insurance coverage. • All insurance policies shall be endorsed to the effect that the City of Anna will receive at least sixty (60) days notice prior to cancellation of termination of the insurance . All insurance shall be purchased from an insurance company that meets the following requirements: • A financial rating of A:V or better as assigned by the BEST Rating Company in the most current edition of its manual. • Licensed and admitted to do business in the State of Texas. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: • The company is licensed and admitted to do business in the State of Texas. • The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. • Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. • Shall specifically set forth the notice of cancellation or termination provisions to the City of Anna. Upon request, contractor shall furnish the City of Anna with certified copies of all insurance policies. 1.05 ADDENDUM: The owner reserves the right to issue an addendum prior to accepting bids for the work. Such addendum(s) shall be and are hereby made a part of these specifications. Upon receipt of the addendum(s), the Contractor shall acknowledge their receipt by listing the addendum(s) and signing in the appropriate spaces in the Proposal. 1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction of this project will be provided free to the Contractor. A deposit of fifteen hundred dollars General Provisions ($1,500.00) is required for a 2½-inch City owned construction meter. The deposit(s) shall be paid at the Utility Office, located at 1 20 W 7th Street, Anna, Texas 75409, prior to the use of meter. City owned meter(s) will be installed by the City Utility Department, after the deposit has been made. Any damage that occurs to a City meter during use will be repaired by the City at the expense of the Contractor. The cost of the repairs will be deducted from the deposit and the remaining deposit returned to the Contractor. This procedure will be followed wherever construction water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire hydrant, a valve shall be provided so that the flow of the water is not controlled by the operating nut on the fire hydrant. Where water is necessary only to settle dust on the street, at the request of the property owners, the Project Engineer or Project Inspector will notify the Contractor. The necessary application of water for dust shall be considered subsidiary to the other bid items listed in the Proposal and Bid Form of the Contract Agreement. 1.07 DETOURS AND BARRICADES: The Contractor shall, before closing any street or causing any obstruction to traffic on any street, furnish and erect suitable barricades and warning signs to protect the traveling public. The barricades and warning signs will be constructed, placed, and adequately maintained as directed by the Project City Engineer. All barricades and warning signs shall conform to and be set in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) No direct compensation will be made to the Contractor for furnishing, installing, and maintaining barricades and warning signs and their subsequent removal. This is to be considered subsidiary to the several items for which unit prices are requested in th e proposal. 1.08 TRENCH SAFETY: On all trenching in excess of five feet below existing grade, the Contractor shall comply with the standards promulgated by the Occupational Safety and Health Administration (OSHA), of the United States Government, regulating excavations, trenching and shoring. Contractors shall refer to and abide by all OSHA regulations published in 29 CFR 1926, et seq., July 1989 edition, and any revisions thereto published in the Federal Register which may become effective during the period of construction. The contractor's attention is directed to the separate Bid Item for trench safety systems, based on the linear feet of trench excavated, under which full payment will be made for trench safety systems, including any additional excavation and back fill requ ired; sheeting, and bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment, acquisition of soils information and design of trench safety systems, and incidentals necessary to complete the work. Changes made in the trench safety system after the initiation of construction will not be cause for extension of time, claims for delay or approval of change orders. It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or Engineer, to perform all trenching in a safe manner and in accordance with OSHA regulations. Any apparent unsafe trenching conditions observed by Owner, Engineer, or their representatives on the site, shall be reported to OSHA as well as to Contractor's job superintendent. Work stoppages or corrective actions required of contractor by General Provisions OSHA shall not be cause for extension of time, claims for delay or approval of change orders. The Contractor shall indemnify and hold harmless the City, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under the Contract Agreement. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the City in case the City is negligent either by act or omi ssion in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders and the hiring of the Contractor. 1.09 PRICE FOR MATERIALS AND STATE SALES TAX: After award of the Contract Agreement, the City of Anna will, on written request of the Contractor, furnish the Contractor with a certificate of exemption from Texas Limited Sales, Excise, and Use Tax in an amount not exceeding the above-mentioned bid price for materials and other tangible personal property as stated in the request form. Such written request must contain a statement to the effect that such materials or property have been or will be utilized in the performance of the Contract Agreement to the full extent of the amount for which a certificate of exemption is requested. 1.10 ACCESS TO PRIVATE PROPERTIES: The Contractor will put all private drives in an accessible condition to allow residents ingress and egress before leaving the job site for an extended period of time except during the pouring and curing of drive approaches. "Extended period of time" is defined as overnight, weekends, holidays, or periods of inclement weather. The Contractor will leave with the PROJECT ENGINEER the phone numbers of responsible persons available twenty-four (24) hours a day to handle emergencies concerning egress and ingress. If a vehicle becomes stranded due to an inaccessible condition, any legitimate claims arising from such conditions shall be the sole responsibility of the Contractor. If such claims are not settled prior to the monthly pay estimate, they shall be deducted from that estimate. 1.11 USE OF PRIVATE PROPERTY: The Contractor shall not at any time use private property to park or turn around construction vehicles or store equipment and/or materials without the written permission of the property owner involved. The Contractor shall not at any time use water metered by meters set for the property owners use without written permission of the property owner. 1.12 PROTECTION OF ADJOINING PROPERTY: The Contractor shall be responsible for the protection of all fences, trees, and other improvements on the property adjoining the construction sites from damage by the Contractor's equipment and men. 1.13 PROTECTION OF EXISTING UTILITIES: The Contractor shall make every effort to protect existing utilities. Telephone, gas, and electric lines occur within the construction limits of this project and should be avoided during construction. 1.14 CLEANUP: It is the intent of the Contract Agreement to ensure that an adequate cleanup job be performed by the Contractor as soon during the construction procedure as possible. Before the project is accepted by the City, all rocks, stones, and other construction debris shall be removed to the satisfaction of the Engineer. All necessary General Provisions cleanup work shall be considered subsidiary to the various bid items on the Contract Agreement. 1.15 GOVERNING DOCUMENTS: The work shall conform to the requirements of these specifications and the details as shown on the drawings. These contract documents are intended to be complementary. Requirements of any of the contract documents are as binding as if called for by all. In the event of conflict between the Contract Agreement and any other contract documents, the Contract Agreement shall govern. In the event of conflict between the drawings and the specifications, the project engineer’s interpretation of the drawings shall have priority. In case of conflict between the referenced specifications and the project specifications, the project specifications shall govern. 1.16 SCHEDULE: The Contractor shall provide the project engineer with a schedule of the proposed work upon request. 1.17 MONTHLY ESTIMATE: Monthly estimates shall be processed as specified by the North Central Texas Council of Governments Standard Specifications for PUBLIC Works Construction, Item 109.5. 1.18 SAFETY: Safety precaution shall be used at all times during progress of the work. As appropriate, workman shall be furnished with hard hats, safety shoes, protective gloves, and any other safety apparel that the Contractor determines will reduce the possibility of accidents. The Contractor shall be solely responsible for ensuring the safety of its crew(s), employees and subcontractors, along with the safety of the public, as the work required by these contract documents is performed. 1.19 STOCKPILE/EQUIPMENT AREAS: It shall be the responsibility of the Contractor to secure stockpile areas and equipment storage areas. 1.20 BOUND COPY OF CONTRACT DOCUMENTS: Bidder understands and agrees that the Contract Agreement to be executed by offeror/bidder shall be bound and include the documents set forth as such in the Contract Agreement. 1.21 DRUG-FREE WORKPLACE POLICY: It is the Owner's policy to maintain a drug-free workplace. The Contractor agrees to implement during the progress of this Contract Agreement a drug-free workplace policy. The policy shall include the following provisions: A. Contractor shall have a drug-free workplace policy; B. Contractor shall have a drug awareness program; C. Contractor shall require all employees to receive a copy of the drug-free workplace policy; D. Contractor shall notify Owner of any employee conviction arising from drug use; General Provisions E. Contractor shall make a "good faith" effort to continue to maintain a drug -free workplace. 1.22 TEXAS STATE SALES TAX: The Contract Agreement is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 1.23 LABOR AND WORKING HOURS: Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidder's attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes, providing for the payment of the wage schedules above mentioned and the Bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the Contract Agreement requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: A. The project being constructed is essential to the City of Anna's ability to provide the necessary service to its citizens. B. Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the time when the liquidated damages provisions of the Contract Agreement become applicable and Contractor can show he has made diligent effort to complete the project within the allotted time. Standard working hours are Monday through Friday, 8:00 a.m. - 5:00 p.m., not including the following holidays: New Year's Day, Dr. Martin Luther King's Birthday, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Any of these holidays falling within a weekend may be designated to a Monday or Friday at the discretion of the City. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Project Manager not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Project Manager to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Project Manager. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property to life. General Provisions 1.24 TWO-YEAR MAINTENANCE BOND: Prior to final acceptance the Contractor shall furnish the City of Anna a maintenance bond to guarantee against defects in the construction or equipment furnished for the project for one year following acceptance. The bond shall be executed by a surety company holding a license to do business in the State of Texas and acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the Contract Agreement. 1.25 AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or corporation that provides a service or function to the public or employees, agents or officials of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C. 1210-12213 and any amendments thereto, known as the "American Disabilities Act of 1990"." 1.26 USE OF SUBCONTRACTORS: Upon award of bid, Contractor shall provide City with a list of all possible subcontractors the Contractor may use for the project. City reserves the right to exclude any subcontractor from the project that it reasonably deems unacceptable for the project. The City shall notify contractor in writing of its intent to exclude any subcontractor. 1.27 RIGHT TO SHUT DOWN: The City, through its owner representative or otherwise, reserves the right to shut down the project. 1.28 UNCONTROLLABLE CIRCUMSTANCES: In the event a Party hereto cannot fully perform its obligations hereunder due to the intervention of an "Uncontrollable Circumstance", as that term is defined below, then, providing such Party has fully complied with the provisions of this section, su ch Party shall be excused from such performance but only to the extent and only in the manner set forth herein. For the purposes of this Agreement an Uncontrollable Circumstance shall mean: A. With respect to the Contractor: 1. An Act of God in the form of an unusually severe storm, or flood, or fire or similar event, that could not have been anticipated or guarded against which materially affects the work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Contractor from working on the site, but not including any situations involving suppliers off-site other than those essential suppliers set forth in Exhibit A*; 3. An unanticipated strike involving the forces actually working on the project or involving the employees of those essential suppliers set forth in Exhibit A*, but no other labor stoppage. * Contractor must set forth essential suppliers in an Exhibit A within five (5) business days of award of final contract. Provided however, that no such claimed Uncontrollable Circumstance shall be deemed an Uncontrollable Circumstance for the purposes of this Agreement unless such event actually and directly necessitated a delay in the work around the delays resulting from such Uncontrollable Circumstance. General Provisions B. With respect to the Owner, an Uncontrollable Circumstance shall mean: 1. The inability to deliver the Site to the Contractor as scheduled due to the intervention of a third Party such as a Court or an agency of a higher level of government. 2. The inability of the Owner to perform its oversight, review and approval functions due to the actual strike of its employees or those of its essential consultants employed for such purpose, but only for such reasonable period of time as might actually be required to replace such forces. In the event either Party is he victim of an Uncontrollable Circumstance as that term is defined above, such Party shall put the other on written notice as soon as practicably possible. Such notice shall specify the Uncontrollable Circumstance and the anticipated affect it will have on that Party's abilities to perform its obligations under the Contract Agreement. As soon thereafter as is practical, but in any event within ten (10) days of such Uncontrollable Circumstance, the affected Party shall provide the other Party, in writing, with its plan to deal with the affects of such Uncontrollable Circumstance and with its proposed amendments to all affected schedules necessarily resulting therefrom. 1.29 CONSTRUCTION SUPERVISION: The Contractor will, at all times, maintain one project superintendent per project who will provide the following functions. He/she will be on site when and where construction activity occurs. He/she will maintain communication with all subcontractors and contractor employees performing construction activities. He/she will be available 24 hours a day, for the duration of the project, for emergency calls concerning events at project sites. He/she will accept no additional responsibility from the Contractor which would inhibit the performance of the above stated functions. In the event that the project consists of multiple sites, the project superintendent will identify to the Owner a responsive person at each site with construction activity. The project superintendent will maintain communication with that responsible person during all construction activity. In this even, the project superintendent will not be identified as a responsible person for any given site. If the Owner determines that the performance of the above functions is not being maintained at any time, the Owner reserves the right to shut down the project, at the contractor’s expense, until performance of said functions is restored. 1.30 CONFINED SPACE POLICY: Contractor will be responsible for the establishment and coordination of and required compliance with a Confined Space Entry Program as required by federal law and City ordinance and shall inform the Owner of said program. Contractor will obtain any available information regarding permit space hazards from the Owner and will coordinate all entry operations with the Owner. Contractor shall provide, install, operate, and maintain such monitoring, ventilation, and personal protective equipment to provide access to any and all confined space as required by Contractor's Confined Space Entry Program. Said equipment shall meet or exceed the requirements of the Occupational Safety and Health Act (OSHA), federal, state, and local authorities. Contractor shall provide labor, equipment, and materials necessary to place, operate, and maintain the said equipment as necessary for entrance into confined spaces by the General Provisions Contractor or OWNER. At no time shall work be done by the Contractor within confined spaces without providing said equipment. Payment for this item shall be subsidiary to all other pay items. 1.31 TEMPORARY SUSPENSION OF WORK: Contractor may from time to time be required by OWNER to temporarily suspend project operations in one area and to commence or continue project operations in another area. Owner may make such requirement for any reason which Owner deems reasonable and/or necessary, including but not limited to as a result of a court order, failure by the OWNER to secure the necessary easements, right of way, or permits required, conflicts between existing or contemplated utilities and the work, and Acts of God. Such requirement may be oral or may be in writing. In the event that the Contractor is delayed for sixty (60) or less days as a result of any temporary suspension as described above, Contractor shall not be entitled to nor shall such delay serve as the basis as a claim for additional compensation to Contractor or damages for mobilization, re-mobilization, or any other damages sustained or alleged to have been sustained by Contractor. 1.32 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non-acceptance. 1.33 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of the Contract Agreement; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. General Provisions 1.34 PAYMENTS WITHHELD: The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the Contract Agreement amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. Qualification Statement of Bidder Surety QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: ADDRESS: PHONE: 1. Has this surety furnished contract bonds on contracts now complete? 2. Has this surety furnished contract bonds on contracts now incomplete? 3. What is the maximum bonding capacity of this Contractor? 4. Is the current financial information on this Contractor satisfactory? 5. Does information obtained indicate accounts a re paid when due? If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? 7. Provided this bidder does not assume othe r commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? REMARKS: SURETY: SIGNED: TITLE: ADDRESS: CITY: STATE: ZIP: PHONE: (IN DUPLICATE) 9/29/25, 8:28 AM SAM.gov https://sam.gov/wage-determination/TX20250294/0 1/6 “General Decision Number: TX20250294 09/19/2025 State: Texas Construction Type: Highway Counties: Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.do1.gov/whd/govcontracts. Modification Number Publication Date 0 09/19/2025 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g. an option is exercised) on or after January 30, 2022: Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: 9/29/25, 8:28 AM SAM.gov https://sam.gov/wage-determination/TX20250294/0 2/6 SATX2025-007 11/15/2023 Rates Fringes Asphalt Distributor Operator.....$ 24.40 0.00 Asphalt Paving Machine Operator............... .$ 22.52 0.00 Asphalt Raker....................$ 19.87 0.00 Broom or Sweeper Operator........$ 18.01 0.00 Concrete Finisher, Paving and Structures........ .$ 22.48 0.00 Concrete Pavement Finishing Machine Operator.. .$ 24.07 0.00 Concrete Saw Operator.......... .$ 20.34 0.00 Crane Operator, Hydraulic 80 tons or less... .$ 31.32 0.00 Crane Operator, Lattice Boom 80 Tons or Less.............. .$ 29.90 0.00 Crane Operator, Lattice Boom Over 80 Tons... .$ 33.55 0.00 Crawler Tractor Operator....... .$ 24.06 0.00 Electrician.................... .$ 36.10 0.00 Excavator Operator, 50,000 pounds or less..... .$ 25.08 0.00 Excavator Operator, Over 50,000 pounds....................$ 25.34 0.00 Flagger..........................$ 14.80 ** 0.00 Form Builder/Setter, Structures.......................$ 22.50 0.00 Form Setter, Paving & Curb.......$ 20.89 0.00 Foundation Drill Operator, Crawler Mounted........... .$ 29.25 0.00 Foundation Drill Operator, Truck Mounted............. .$ 29.86 0.00 Front End Loader Operator, 3 CY or Less . . . . . . . . . . . . . . . . .$ 20.93 0.00 Front End Loader Operator, Over 3 CY. .$ 22.56 0.00 Laborer, Common..................$ 18.01 0.00 Laborer, Utility.................$ 19.32 0.00 Loader/Backhoe Operator........ .$ 23.22 0.00 9/29/25, 8:28 AM SAM.gov https://sam.gov/wage-determination/TX20250294/0 3/6 Mechanic....................... .$ 27.44 0.00 Milling Machine Operator.........$ 20.94 0.00 Motor Grader Operator, Fine Grade................. .$ 27.09 0.00 Motor Grader Operator, Rough.....$ 24.90 0.00 Off Road Hauler..................$ 23.70 0.00 Pavement Marking Machine Operator. . . . . . . . . . . . . . . . . .$ 22.35 0.00 Pipelayer........................$ 22.46 0.00 Reclaimer/Pulverizer Operator....$ 22.17 0.00 Reinforcing Steel Worker....... ..$ 23.50 0.00 Roller Operator, Asphalt....... .$ 20.35 0.00 Roller Operator, Other...........$ 18.60 0.00 Scraper Operator............... .$ 21.54 0.00 Servicer.........................$ 24.86 0.00 Sign Erector.....................$ 18.01 0.00 Small Slipform Machine Operator............... .$ 25.09 0.00 Spreader Box Operator.......... .$ 23.59 0.00 Telecommunication Technician. ..$ 23.14 0.00 Truck Driver Lowboy Float...... ..$ 25.57 0.00 Truck Driver, Single Axle...... ..$ 20.60 0.00 Truck Driver, Single or Tandem Axle Dump Truck.. .$ 22.64 0.00 Truck Driver, Tandem Axle Tractor with Semi Trailer...... ..$ 23.22 0.00 Truck Driver, Transit-Mix........$ 21.97 0.00 Welder...........................$ 23.72 0.00 Work Zone Barricade Servicer.....$ 18.01 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to 9/29/25, 8:28 AM SAM.gov https://sam.gov/wage-determination/TX20250294/0 4/6 which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than “"SU““, ””UAVG"“, ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a 9/29/25, 8:28 AM SAM.gov https://sam.gov/wage-determination/TX20250294/0 5/6 weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ““SU”” identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ““SA”” identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: 9/29/25, 8:28 AM SAM.gov https://sam.gov/wage-determination/TX20250294/0 6/6 Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@do1.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION“ Vendors Compliance to State Law VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident’s principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in __________________ (give state), our principal place of business, are required to be _______ percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in __________________ (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: By: Company: (please print) Address: Signature: Title: City State Zip (please print) Phone: THIS FORM MUST BE RETURNED WITH YOUR QUOTATION CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ OFFICE USE ONLY Date Received This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Pace Construction Services LLC 6/3/25 Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Affidavit Against Prohibited Acts AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature Date ATTEST (if corporation) Date Request for Certificate of Exemption REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: TO: City of Anna, Texas Municipal Building 120 W. 7th Street Anna, TX 75409 RE: _________________________________________ The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of _____________________________ __________________________________ ($________________), which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. Company By: (please print) Signature: Title: (Seal if a Corporation) Address City, County, State and Zip Telephone Fax CODE OF CONDUCT CONFLICT OF INTEREST POLICY PERTAINING TO PROCUREMENT PROCEDURES As a Grant Recipient of a TxCDBG contract, the City of Anna shall avoid, neutralize or mitigate actual or potential conflicts of interest so as to prevent an unfair competitive advantage or the existence of conflicting roles that might impair the performance of the TxCDBG contract or impact the integrity of the procurement process. For procurement of goods and services, no employee, officer, or agent of the City of Anna shall participate in the selection, award, or administration of a contract supported by TxCDBG funds if he or she has a real or apparent conflict of interest. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. No officer, employee, or agent of the City of Anna shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub -agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. For all other cases, no employee, agent, consultant, officer, or elected or appointed official of the state, or of a unit of general local government, or of any designated public agencies, or subrecipients which are receiving TxCDBG funds, that has any grant -related function/responsibility, or is in a position to participate in a decision -making process or gain inside information, may obtain a financial interest or benefit from the federal or state grant activity. The conflict of interest restrictions and procurement requirements identified herein shall apply to a benefitting business, utility provider, or other third party entity that me or all work under a TxCDBG contract in order to meet any National Program Objectives. Any person or entity including any benefitting business, utility provider, or other third party entity that is receiving assistance, directly or indirectly, under a TxCDBG contract or award, or that is required to complete some or all work under the TxCDBG contract in order to meet a National Program Objective, that might potentially receive benefits from TxCDBG awards may not participate in the selection, award, or administration of a contract supported by CDBG funding. Any alleged violations of these standards of conduct shall be referred to the City of Anna's Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution. Nate Pike, Mayor City of Anna Date C6QIGO DE CONDUCTA DE CONFLICTO DE INTERESES RELATIVA i TACION PUB Como Beneficiario de una Subvencion de un contrato de TxCDBG, la Ciudad de Anna evitara, neutralizara o mitigara los conflictos de intereses reales o potenciales para evitar una ventaja competitiva injusta o la existencia de roles conflictivos que puedan perjudicar el desempeno del contrato de TxCDBG o afectar la integridad del proceso de adquisicion. Para la adquisicion de bienes y servicios, ningun empleado, funcionario o agente de la Ciudad de Anna participara en la seleccion, adjudicacion o administracion de un contrato respaldado por fondos de TxCDBG si el o ella tiene un conflicto de intereses real o aparente. Tal conflicto podria surgir si el empleado, funcionario o agente; cualquier miembro de su familia inmediata; su pareja; o una organizacion que emplea o esta a punto de emplear a cualquiera de las partes indicadas en este documento, tiene un interes financiero o de otro tipo o un beneficio personal tangible de una empresa considerada para un contrato. Ningun funcionario, empleado o agente de la Ciudad de Anna solicitare o aceptara propinas, favores o cualquier cosa de valor monetario de contratistas o empresas, contratistas o empresas potenciales, o partes en subacuerdos, excepto cuando el interes financiero no sea sustancial o el regalo sea un articulo no solicitado de valor intrinseco nominal. Los contratistas que elaboren o redacten especificaciones, requisitos, declaraciones de trabajo o invitaciones a licitaciones o solicitudes de propuestas deben quedar excluidos de competir por dichas adquisiciones. Para todos los demas casos, ningun empleado, agente, consultor, funcionario, o funcionario electo o designado del estado, o de una unidad del gobierno local general, o de cualquier agencia publica designada, o subreceptores que esten recibiendo fondos de TxCDBG, que tenga alguna funcionlresponsabilidad relacionada con la subvencion, o este en condiciones de participar en un proceso de toma de decisiones u obtener informacion privilegiada, puede obtener un interes financiero o beneficiarse de la actividad de subvencion federal o estatal. Las restricciones de conflicto de intereses y los requisitos de adquisicion identificados en este documento se aplicaran a una empresa beneficiaria, proveedor de servicios publicos u otra entidad de terceros que yo o todos trabajemos bajo un contrato de TxCDBG para cumplir con los Objetivos del Programa Nacional. Cualquier persona o entidad, incluyendo cualquier negocio beneficiario, proveedor de servicios publicos u otra entidad de terceros que este recibiendo axistencia, directa o indirectamente, bajo un contrato o adjudicacion de TxCDBG, o que este obligada a completer parte o todo el trabajo bajo el contrato de TxCDBG para cumplir con un Objetivo del Programa Nacional, que potencialmente podria recibir beneficios de los premios de TxCDBG no puede participar en la seleccion, adjudicacion o administracion de un contrato respaldado por fondos CDBG. Cualquier presunta violacion de estas normas de conducta se remitird al Abogado de la Ciudad de Anna. Cuando parezcan haber ocurrido violaciones, el empleado, funcionario o agente infractor estara sujeto a medidas disciplinarias, que incluyen, entre otras, el despido o la transferencia; Cuando las violaciones o infracciones parezcan ser de naturaleza sustancial, el asunto puede re Mrs a to funcionanos apropiados para su investigacion penal y posible enjuiciamiento a 2/zoo rj Nate Pike, Alcalde Fecha Ciudad de Anna PRESENTATION SUMMARY The City of Anna received Grant Contract CDM23-0231 the amount of $500,000, funded through the Community Development Block Grant, via the U.S. Department of Housing and Urban Development and Texas Department of Agriculture, for the purpose of street improvements. The overall purpose of Section 3 is to facilitate contract and employment opportunities for low and very low-income workers, specifically those that live close to the project location. To report on these efforts, the presentation details new reporting requirements and other efforts to increase Section 3 participation in the CDBG program. HUD instituted new Section 3 policy requirements (24 CFR 75), effective November 30, 2020. In July 1, 2021, TDA implemented the final rule for all existing and future construction CDBG grants. As part of these requirements, each grant recipient is required to review and discuss a Section 3 Presentation during a meeting of its governing body. The additional pages dive deeper into Section 3 concepts, definitions for Section 3 businesses and workers, contractor outreach recommendations for new hires, and recordkeeping requirements pertaining to the grant. Going forward, the grant administrator (Public Management, Inc) will coordinate with all parties to: ● Monitor public postings and contractor requirements pertaining to Section 3 provisions ● Track the number of hours of anyone who works on the grant project, including o Local government employees (i.e., City secretary, City Administrator, Public Works, WSC Operators, etc) o Construction contractor’s laborers and staff o Grant administration employees. o *Engineers, surveyors, and other professionals are exempt for hourly reporting requirements There is no action required tonight. This presentation is simply required in order to meet the documentation required for the TDA grant. Please reach out to your grant administrator with any questions on these changes. Section 3 Policy Updates - Effective July 1, 2021 Presentation The City of Anna recently received Grant Contract CDM23-0231 for the amount of $500,000, funded through the Community Development Block Grant, via the U.S. Department of Housing and Urban Development and Texas Department of Agriculture, for street improvements. SECTION 3 CONCEPTS As a condition of funding, the City must comply with Section 3 of the Housing and Urban Development Act of 1968. To the greatest extent feasible, Grant Recipients must direct economic opportunities generated by CDBG funds to low- and very low-income persons. In part, this means ensuring that: • Section 3 Businesses have the information to submit a bid or proposal for the project; and • Section 3 Workers have information about any available job opportunities related to the project. The purpose of this presentation is to discuss the Section 3 goals of the CDBG program and facilitate employment opportunities for Section 3 workers. The awarded construction contractor may have job opportunities for local residents. If they do need to make new hires for this job, they will post job listings on WorkInTexas.com. SECTION 3 BUSINESSES A company may qualify as a Section 3 Business if: • it is owned by low-income persons; • it is owned by Section 8-Assisted housing residents; or • 75% of all labor hours for the business in a 3-month period are performed by Section 3 Workers Register at: • Any Local/Regional registry for disadvantaged businesses [if applicable] This project is expected to include the following contracting opportunities: • Grant Administration services (previously selected) • Engineering Services (previously selected) • Prime Contractor for construction Improvements (previously selected) • Subcontractors for construction Improvements (previously selected) SECTION 3 WORKERS You may qualify as a Section 3 Worker if: • Annual income is below the LMI county threshold for a family size of 1 • Is currently or recent (within 5 years) Youthbuild participant Register your information and search for opportunities at: • WorkInTexas.gov • [local/regional job board if applicable. TARGETED SECTION 3 WORKERS Section 3 Workers who reside near the project location may also qualify as Targeted Section 3 Workers. For this project, that service area is defined by the circled area in the map below: RECORDKEEPING The city is required to track ALL hours worked on the project based on the three categories of workers (All, Section, 3 and Targeted Section 3). This requirement applies to all city staff that works on this grant, including the contracted grant administrator, and all employees of the prime and subcontractors. This will require collection of certain income information. *Engineers, surveyors, and similar professions are exempt from this time tracking requirement. For More Info… TxCDBG Policy Issuance 20-01 R EVISED Policy Issuance 20-01 Section 3 v1.pdf (texasagriculture.gov) 24 CFR Part 75 E lectronic Code of Federal Regulations (eCFR) TDA Representative: Suzanne Barnard, Director.(suzanne.barnard@texasagriculture.gov) Grant Project Manager: Aron Miller (amiller@publicmgt.com) CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans’ rights. NAME AND ADDRESS OF BIDDER (include ZIP Code) CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations.  Yes X  No The undersigned hereby certifies that:  The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in the Contract. XThe Equal Opportunity clause is included in the Contract (if bid equals or exceeds $10,000). Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?  Yes  No X NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE Pace Construction Services LLC 1904 Thornberry dr Melissa Tx 75454 Paul Anderson Owner 6/3/25 &2175$&725¶66(&7,211(:+,5(65(3257 7REHFRPSOHWHGE\DOOFRQWUDFWRUVVXEFRQWUDFWRUV 7;&'%*/RFDOLW\ 7;&'%*&RQWUDFW1R &RPSDQ\ 'R\RXFRQVLGHU\RXUVHOIWREHD6HFWLRQ%XVLQHVV&RQFHUQRU6HFWLRQ5HVLGHQW" Ƒ <HV X 1R ,I\HVSOHDVHVSHFLI\ Ƒ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ace Construction Services LLC Paul Anderson Owner 6/3/25 6(&7,21&(57,),&$7,21$66%86,1(66&21&(51 'R\RXFRQVLGHU\RXUVHOIWREHD6HFWLRQ%XVLQHVV&RQFHUQ" Ƒ <HV X 1R %XVLQHVV,QIRUPDWLRQ %XVLQHVV1DPH $GGUHVVRI%XVLQHVV+HDGTXDUWHUV &RXQW\RI%XVLQHVV+HDGTXDUWHUV &RXQW\RIUHVLGHQFHIRURIHPSOR\HHV 1DPHRI2ZQHUV2SHUDWRUV 6HFWLRQVWDWXVRI2ZQHU2SHUDWRUVƔ /RZWR0RGHUDWHLQFRPH Ɣ 3XEOLF+RXVLQJ5HVLGHQW Ɣ 1RQHRIWKHDERYH /DERU+RXUV±3UHYLRXV0RQWKV  6WDUW'DWHRI5HSRUWLQJ3HULRG (QG'DWHRI5HSRUWLQJ3HULRG 7RWDO1XPEHURI/DERU+RXUVDOOZRUN 1XPEHU RI 6 /DERU +RXUV ZRUN SHUIRUPHG E\ /0, 3HUVRQV DQGRU <RXWK %XLOG3DUWLFLSDQWV 6+RXUVDVSHUFHQWRI7RWDO/DERU+RXUV 5HFRUGVVXSSRUWLQJWKHVHKRXUVPXVWEHPDGHDYDLODEOHXSRQUHTXHVW3OHDVHUHGDFW 3HUVRQDOO\ ,GHQWLILDEOH ,QIRUPDWLRQ IURP SD\UROO UHFRUGV SULRUWR UHOHDVLQJ DQ\ GRFXPHQWDWLRQXQGHUWKLVUHTXLUHPHQW(PSOR\HH,'QXPEHUVRWKHUWKDQDQHPSOR\HH¶V 6RFLDO6HFXULW\1XPEHUVKRXOGEHXVHGWRIDFLOLWDWHWKLVH[SHFWDWLRQ &(57,),&$7,21%\VLJQLQJWKLVUHSRUW,FHUWLI\WRWKHEHVWRIP\NQRZOHGJHDQGEHOLHIWKDWWKHUHSRUWLV WUXHFRPSOHWHDQGDFFXUDWHDQGWKLVUHSRUWLQJPHDVXUHLVIRUWKHSXUSRVHVDQGREMHFWLYHVVHWIRUWKLQWKH WHUPVDQGFRQGLWLRQVRIWKH)HGHUDODZDUG,DPDZDUHWKDWDQ\IDOVHILFWLWLRXVRUIUDXGXOHQWLQIRUPDWLRQ RUWKHRPLVVLRQRIDQ\PDWHULDOIDFWPD\VXEMHFWPHWRFULPLQDOFLYLORUDGPLQLVWUDWLYHSHQDOWLHVIRUIUDXG IDOVHVWDWHPHQWVIDOVHFODLPVRURWKHUZLVH 86&RGH7LWOH;;;  %XVLQHVV2ZQHURU'HVLJQHH 1DPHDQG7LWOH 3ULQW  6LJQDWXUH 'DWH Pace Construction Services LLC 1904 Thornberry dr Melissa Tx 75454 Collin Collin Paul Anderson 0 Paul Anderson Owner 6/3/25 H8RGH7LWOH;;; House Bills 13, 19 & 89 Verification Pursuant to Senate Bill 13 of the 87th regular Texas Legislature session: Verification Regarding Boycotting Energy Companies – Pursuant to Chapter 2274, Texas Government Code, Contractor verifies (1) it does not boycott energy companies, and (2) it will not boycott energy companies during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this verification is inaccurate. (Note: This provision only applies in a contract that (1) has a value of $100,000 or more that is to be paid wholly or partly from public funds and (2) is with a for- profit entity, not including a sole proprietorship, that has ten (10) or more full-time employees.) Pursuant to Senate Bill 19 of the 87th regular Texas Legislature session: Discrimination Against Firearm Entities – In accordance with Texas Government Code Chapter 2274, Contractor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. This section only applies if: (i) Contractor has ten (10) or more full-time employees and (ii) this Agreement has a value of $100,000 or more to be paid under the terms of this Agreement; and does not apply: (i) if Contractor is a sole proprietor, a non-profit entity, or a governmental entity; (ii) to a contract with a sole-source provider; or (iii) to a contract for which none of the bids from a company were able to provide the required certification. Pursuant to Sections 2270.001, 2270.002, 808.001, 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” has the meaning assigned by Section 808.001, except that the term does not include a sole proprietorship. 3. Section only applies to a contract that is between a governmental entity and a company with 10 or more full-time employees; and has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. I, (Person name), the undersigned representative of (Company or Business Name) (hereinafter referred to as Company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270; depose and verify under oath that the Company, under the provisions of Subtitle A, Title 8, Government Code, is amended by adding Chapter 809; do hereby depose and verify under oath that the Company, under the provisions of Subtitle F, Title 10, Government Code, is amended by adding Chapter 2274 will not discriminate and/or boycott any of these provisions outlined and defined in House Bills 13, 19 and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aul Anderson Owner 6/3/25 QDWXUH 1 Texas Department of Agriculture Texas Community Development Block Grant Program PO Box 12847 Austin, TX 78711 Effective Date: December 1, 2023 SUBJECT: New Federal Requirements – BABA and VAWA BACKGROUND: Beginning in Program Year 2023, TxCDBG Grant Recipients must comply with two new federal requirements. For those grants to which these requirements apply, a special condition is included in the grant agreement. The U.S. Department of Housing and Urban Development (HUD) is developing guidance in order to implement both new requirements. TDA will continue to monitor this guidance and update the TxCDBG Project Implementation Manual (Manual) as needed. Buy America Preference 2023 TxCDBG Grant Recipients must comply with the Buy America, Build America Act (BABA). HUD has provided a phased implementation schedule for various materials to be required to comply with BABA. The current Manual accelerates this schedule to apply BABA requirements consistently for all applications in the 2023-2024 grant cycle. Based on the federal guidance to date, TDA has determined that adhering more closely to the HUD schedule will benefit Grant Recipients. This means that grants awarded in Program Year 2024 will be required to provide documentation of compliance with BABA for a more expansive list of materials. ACTION: The TxCDBG Project Implementation Manual is modified to reflect the most current federal guidance and TxCDBG implementation instructions to Grant Recipients: • Chapter 4 – Grant Agreement Special Conditions • Chapter 10 – Civil Rights Requirements • Form A1025 – VAWA Certification • Appendix B - Required Contract Provisions • Appendix F - Sample Construction Bid Packet • Appendix G - Sample Material Bid IMPLEMENTATION: This policy issuance is effective immediately. The grants to which the new federal requirements apply are currently in the pre-agreement period and may proceed with certain administrative and/or engineering tasks in compliance with all federal, state, and program requirements. ___________________________________________ Suzanne Barnard, State Director Texas Community Development Block Grant Program Texas Department of Agriculture 2 Special Condition Language Grant agreements issued in Program Year 2023 contain the following language: 9. Grant Recipient must comply with the requirements of the Build America, Buy America Act (BABA), 41 USC ch. 8301 note, and all applicable rules and notices, as may be amended, if applicable to Grant Recipient's infrastructure project. Any funds obligated under this Agreement are subject to BABA requirements as described in Chapter 4 of the TxCDBG Project Implementation Manual, unless excepted by a waiver. 10. In addition to the documentation required by Chapter 2 of the Project Implementation Manual, funds awarded under this Agreement will not be disbursed to Grant Recipient until these special conditions are met. Grant Recipient shall submit to the department a certification of compliance with the requirements of the Violence Against Women Act Reauthorization of 2022 and the Right to Report Crime and Emergencies from One’s Home, confirming that no ordinances, local regulations, or policies adopted by the local government and currently in effect contain any financial or regulatory penalty imposed on property owners or residents as a result of any use of emergency services as required by TxCDBG Policy Issuance 23-01. Chapter 4 – Grant Agreement Special Conditions Section 4.1.7 Buy America Preference is replaced in its entirety with the following: 4.1.7 Buy America Preference Pursuant to the Buy America, Build America Act (BABA), Grant Recipients that are awarded funding for infrastructure projects beginning in Program Year 2023 must ensure that the required items used in the project are produced in the United States. HUD’s phased implementation will apply BABA documentation requirements to additional items each year – new grant awards must comply with the BABA requirements applicable to the period in which they are awarded. Item Description BABA Requirements Apply to New All iron and steel 9/1/2023 Specifically listed construction materials: a. Metals other than iron or steel (non-ferrous metals), b. Lumber, c. Composite building materials, and d. Plastic and polymer- including PVC pipe. 1 White House Memorandum M-22-11 2 HUD Public Interest Phased Implementation Waiver 3 scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project; b. E used at or within the finished infrastructure project, permanently affixed to the infrastructure project c. Purchases that are not intended for construction, The Buy America preference applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. An item meets BABA requirements if: • Iron and steel - all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. • Construction materials and manufactured products – o the item was manufactured in the United States; or o the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; or o the components of the manufactured product meets another standard for determining the minimum amount of domestic content of the manufactured product established under applicable law or regulation. The Grant Recipient must provide an itemization to identify the products, quantities, and costs as support documentation. • The bid tab must be sufficiently detailed to itemize each separate product or material and indicate BABA applicability, OR a separate schedule must be attached to identify BABA applicability for all products or materials. • If a change to the contract includes new products or materials, and updated itemization must be submitted with the change order. Documentation of BABA compliance must be provided for a minimum of 95% of all iron, steel, manufactured products, and construction materials used in the project, according to the phased implementation schedule. TDA has not received guidance as to the documentation necessary to support the Buy America status of the project. Until further guidance is provided, the Grant Recipient must provide written evidence from the manufacturer or supplier that: • Identifies the item purchased; • Affirms the location of manufacture as within the United States; and • If signed by an authorized company representative. In rare instances, a BABA waiver may be available. To request such a waiver, the Grant Recipient must provide a letter to the TxCDBG Director requesting a BABA waiver, citing the relevant exception, and providing a narrative justification and any supporting documentation for how the exception applies to the project. NOTE: TDA does not have the authority to waive BABA requirements; all requests for waivers will be evaluated by TDA and, if applicable, forwarded for review and potential approval by both HUD and the Office of Management and Budget. Any project delays due to the waiver process will not be considered for proposed Grant Agreement extensions. 4 4.2.9 Violence Against Women Act Certification Pursuant to the Violence Against Women Act Reauthorization of 2022, the Grant Recipient must certify that local policies do not interfere with the residents’ Right to Report Crime and Emergencies from One’s Home. The certification will confirm that no ordinances, local regulations, or policies adopted by the local government and currently in effect contain any financial or regulatory penalty imposed on property owners or residents as a result of any use of emergency services, or that the Grant Recipient is actively addressing such local regulations. Form A1025 must be submitted with Group A documentation, as described in Chapter 2 Financial Management – no grant funds will be disbursed until this documentation is provided. Chapter 10 – Civil Rights Requirements Section 10.1.9 VAWA Certification is revised as follows: 10.1.9 VAWA Certification The Violence Against Women Act (VAWA) Reauthorization Act of 2022, which became effective October 1, 2022, includes a new requirement for Grant Recipients to support an individual’s, including survivor’s, right to seek law enforcement or emergency assistance. TxCDBG grants awarded on or after the effective date will be required to: 1. “Report any of their laws or policies, or, as applicable, the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and 2. Certify that they are in compliance…” with the VAWA requirements. See Chapter 4 Special Conditions for additional details. As of the publication of this Manual, HUD has not provided guidance for this review and certification. Once issued, TDA will provide a Policy Issuance and sample certification. 5 A1025 Violence Against Women Act (VAWA) Certification Grant Recipient: N A As Civil Rights Officer, I certify that the Grant Recipient is in compliance with the Violence Against Women Reauthorization Act of 2022. The Grant Recipient has reviewed its ordinances, local regulations, and policies (collectively referred to as “policies”) adopted by the local government and currently in effect, with the following results: ප No policies were identified that contain any financial or regulatory penalty imposed on property owners or residents as a result of any use of emergency services. Or ප The following policies were identified that may contain financial or regulatory penalties imposed on property owners or residents as a result of any use of emergency services. Policy Purpose of policy Financial or regulatory penalty (or potential penalty) The Grant Recipient commits to re-evaluating and addressing any policies identified above as follows: The Grant Recipient understands that any policies identified above must be re-evaluated and addressed within the grant agreement period. x A summary of efforts to evaluate alternative policies that do not impede the Right to Report Crime and Emergencies from One’s Home and a timeline for action on one or more alternatives must be submitted prior to the release of grant funds for construction. x The timeline for implementation of alternative policies is subject to TDA review and approval; grant funds will be placed on hold if the Grant Recipient fails to comply with the requirements of this VAWA certification. _________________________________ _______________________ Name of Civil Rights Officer Date policy review completed _________________________________ _______________________ Signature of Civil Rights Officer Date of Certification 6 Appendices B, F, and G The Materials and Workmanship section of each sample contract is revised as follows – the Grant Recipient must select the appropriate language to reflect the items required by the phased implementation schedule: X. Materials and Workmanship … (x) Domestic Preferences - As appropriate and to the extent consistent with law and to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (3) [Iron and steel products, Manufactured Products, and Construction Materials] used in this project comply with the Build America, Buy America Act (BABA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Grant Agreement #:Material Total: Grantee Name:BABA Total: De minimus Total: Material Description Related Bid Item #Unit of Material Qty. Material Unit Cost Material Sub Total % of total BABA (used for De Minimis) Mfg's Certification Included? 1 -$ #DIV/0! 2 -$ #DIV/0! 3 -$ #DIV/0! 4 -$ #DIV/0! 5 -$ #DIV/0! 6 -$ #DIV/0! 7 -$ #DIV/0! 8 -$ #DIV/0! 9 -$ #DIV/0! 10 -$ #DIV/0! 11 -$ #DIV/0! 12 -$ #DIV/0! 13 -$ #DIV/0! 14 -$ #DIV/0! 15 -$ #DIV/0! 16 -$ #DIV/0! 17 -$ #DIV/0! 18 -$ #DIV/0! 19 -$ #DIV/0! 20 -$ #DIV/0! 21 -$ #DIV/0! 22 -$ #DIV/0! 23 -$ #DIV/0! 24 -$ #DIV/0! 25 -$ #DIV/0! 26 -$ #DIV/0! 27 -$ #DIV/0! 28 -$ #DIV/0! 29 -$ #DIV/0! 30 -$ #DIV/0! 31 -$ #DIV/0! 32 -$ #DIV/0! 33 -$ #DIV/0! 34 -$ #DIV/0! 35 -$ #DIV/0! 36 -$ #DIV/0! 37 -$ #DIV/0! 38 -$ #DIV/0! 39 -$ #DIV/0! 40 -$ #DIV/0! 41 -$ #DIV/0! 42 -$ #DIV/0! 43 -$ #DIV/0! 44 -$ #DIV/0! 45 -$ #DIV/0! 46 -$ #DIV/0! 47 -$ #DIV/0! 48 -$ #DIV/0! 49 -$ #DIV/0! 50 -$ #DIV/0! 51 -$ #DIV/0! 52 -$ #DIV/0! 53 -$ #DIV/0! 54 -$ #DIV/0! 55 -$ #DIV/0! 56 -$ #DIV/0! 57 -$ #DIV/0! 58 -$ #DIV/0! 59 -$ #DIV/0! 60 -$ #DIV/0! 61 -$ #DIV/0! 62 -$ #DIV/0! -$ -$ A400BABA Compliance Form -$ Effective 10.17.2024 63 -$ #DIV/0! 64 -$ #DIV/0! 65 -$ #DIV/0! 66 -$ #DIV/0! 67 -$ #DIV/0! 68 -$ #DIV/0! 69 -$ #DIV/0! 70 -$ #DIV/0! 71 -$ #DIV/0! 72 -$ #DIV/0! 73 -$ #DIV/0! 74 -$ #DIV/0! 75 -$ #DIV/0! 76 -$ #DIV/0! 77 -$ #DIV/0! 78 -$ #DIV/0! 79 -$ #DIV/0! 80 -$ #DIV/0! 81 -$ #DIV/0! 82 -$ #DIV/0! 83 -$ #DIV/0! 84 -$ #DIV/0! 85 -$ #DIV/0! 86 -$ #DIV/0! 87 -$ #DIV/0! 88 -$ #DIV/0! 89 -$ #DIV/0! 90 -$ #DIV/0! 91 -$ #DIV/0! 92 -$ #DIV/0! 93 -$ #DIV/0! 94 -$ #DIV/0! 95 -$ #DIV/0! 96 -$ #DIV/0! 97 -$ #DIV/0! 98 -$ #DIV/0! 99 -$ #DIV/0! 100 -$ #DIV/0! 101 -$ #DIV/0! 102 -$ #DIV/0! 103 -$ #DIV/0! 104 -$ #DIV/0! 105 -$ #DIV/0! 106 -$ #DIV/0! 107 -$ #DIV/0! 108 -$ #DIV/0! 109 -$ #DIV/0! 110 -$ #DIV/0! 111 -$ #DIV/0! 112 -$ #DIV/0! 113 -$ #DIV/0! 114 -$ #DIV/0! 115 -$ #DIV/0! 116 -$ #DIV/0! 117 -$ #DIV/0! 118 -$ #DIV/0! 119 -$ #DIV/0! 120 -$ #DIV/0! 121 -$ #DIV/0! 122 -$ #DIV/0! 123 -$ #DIV/0! 124 -$ #DIV/0! 125 -$ #DIV/0! 126 -$ #DIV/0! 127 -$ #DIV/0! 128 -$ #DIV/0! 129 -$ #DIV/0! 130 -$ #DIV/0! 131 -$ #DIV/0! 132 -$ #DIV/0! 133 -$ #DIV/0! 134 -$ #DIV/0! Effective 10.17.2024 135 -$ #DIV/0! 136 -$ #DIV/0! 137 -$ #DIV/0! 138 -$ #DIV/0! 139 -$ #DIV/0! 140 -$ #DIV/0! 141 -$ #DIV/0! 142 -$ #DIV/0! 143 -$ #DIV/0! 144 -$ #DIV/0! 145 -$ #DIV/0! 146 -$ #DIV/0! 147 -$ #DIV/0! 148 -$ #DIV/0! 149 -$ #DIV/0! 150 -$ #DIV/0! 151 -$ #DIV/0! 152 -$ #DIV/0! 153 -$ #DIV/0! 154 -$ #DIV/0! 155 -$ #DIV/0! 156 -$ #DIV/0! 157 -$ #DIV/0! 158 -$ #DIV/0! 159 -$ #DIV/0! 160 -$ #DIV/0! 161 -$ #DIV/0! 162 -$ #DIV/0! 163 -$ #DIV/0! 164 -$ #DIV/0! 165 -$ #DIV/0! 166 -$ #DIV/0! 167 -$ #DIV/0! 168 -$ #DIV/0! 169 -$ #DIV/0! 170 -$ #DIV/0! 171 -$ #DIV/0! 172 -$ #DIV/0! 173 -$ #DIV/0! 174 -$ #DIV/0! 175 -$ #DIV/0! 176 -$ #DIV/0! 177 -$ #DIV/0! 178 -$ #DIV/0! 179 -$ #DIV/0! 180 -$ #DIV/0! 181 -$ #DIV/0! 182 -$ #DIV/0! 183 -$ #DIV/0! 184 -$ #DIV/0! 185 -$ #DIV/0! 186 -$ #DIV/0! 187 -$ #DIV/0! 188 -$ #DIV/0! 189 -$ #DIV/0! 190 -$ #DIV/0! 191 -$ #DIV/0! 192 -$ #DIV/0! 193 -$ #DIV/0! 194 -$ #DIV/0! 195 -$ #DIV/0! 196 -$ #DIV/0! 197 -$ #DIV/0! 198 -$ #DIV/0! 199 -$ #DIV/0! 200 -$ #DIV/0! Effective 10.17.2024 B-1 Bonds PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ______________________ (hereinafter called the Principal(s)), as Principal(s), and ________________________________________ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of ______________________________ ________________________________________ Dollars ($_____________) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the following project: Pavement Improvements for 4th Street and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)1 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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 Agreement, or to the work to be performed thereunder. B-2 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this _______ day of ___________________, 20____. Surety Principal By: By: Print Name: Print Name: Title: Title: Address: Address: Phone/Fax: Phone/Fax: The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties , and hereby designates ____________________________________, an agent resident in _____________ County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has the authority to sign such obligation. If signed by an Attorney-in-Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. B-3 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that ______________________ (hereinafter called the Principal(s)) as Principal(s), and __________________________________ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: ______________________ _________________________________ Dollars ($__________________) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the: Pavement Improvements for 4th Street and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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 Agreement, or to the work to be performed thereunder. B-4 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this _______ day of ___________________, 20____. Surety Principal By: By: Print Name: Print Name: Title: Title: Address: Address: Phone/Fax: Phone/Fax: The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties , and hereby designates ________________________________________________, an agent resident in ______________ County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has the authority to sign such obligation. If signed by an Attorney-in-Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. B-5 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT ______________________________________________________ as PRINCIPAL, and ________________________________________________ a CORPORATION organized under the laws of ____________________, as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of _____________________________________ Dollars ($___________________) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said ___________________________, the Contractor, did on ________________________, 20_____ enter into a written Contract Agreement with the said City of Anna to build and construct: Pavement Improvements for 4th Street in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub-contractors, materialmen, and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURE TY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. B-6 Bonds IN WITNESS WHEREOF, the said _______________________________, (Contractor) has caused these presents to be _________________________________, (Surety Co.) executed by its ATTORNEY-IN-FACT _______________________________ and the said ATTORNEY-IN-FACT __________________________________ has hereunto set his hand this the ______ day of _________________________, 20______. Surety Principal By: By: Print Name: Print Name: Title: Title: Address: Address: Phone/Fax: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has the authority to sign such obligation. If signed by an Attorney-in-Fact, we must have a copy of the Power of Attorney for our files AND ATTACHED TO THIS BOND. 04/02/2025 4 5 4 5 5 6 h:\proj\r316114.01 - city of anna cd fund\03 correspondence\03.3 sent\to city of anna\4th street\2025 08 20 100% plans\bid docs\city of anna - bidding and specs template\2. contract template\12-insurance (revised 3-13-2014).docx S A M P L E h:\proj\r316114.01 - city of anna cd fund\03 correspondence\03.3 sent\to city of anna\4th street\2025 08 20 100% plans\bid docs\city of anna - bidding and specs template\2. contract template\12-insurance (revised 3-13-2014).docx S A M P L E Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised //2017 FORM 1295CERTIFICATE OF INTERESTED PARTIES OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY 6 UNSWORN DECLARATION My name is ___________________________Paul Anderson___________________, and my date of birth is __01/10/1971_______________. My address is _1904 Thornberry dr______________________________________ Melissa TX__, 75454, _________ (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in ___Collin______________ County, State of __Texas________ , on the ____3__ day of ___June_______, 2025__. (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Name of Interested Party Nature of Interest (check applicable)City, State, Country (place of business)Controlling Intermediary 4 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 2 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 5 Check only if there is NO ,QWHUHVWHG3DUW\. Mus t f i l e o n l i n e a t w w w . e t h i c s . s t a t e . t x . u s / F i l e Pace Construction Services LLC City of Anna tx nature o authorized nt o Materials & Construction Methods MATERIALS AND CONSTRUCTION METHODS The GOVERNING SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION METHODS shall be performed in accordance with the Standard Specifications for Public Works Construction - North Central Texas, 5th Edition, dated 2017, except where noted otherwise in the City of Anna’s supplemental “Special Provisions” and the Technical Specifications included in these Specifications and Contract Documents. NOTE: The * symbol specifies that this item is also covered in the City of Anna’s “Special Provisions” to the “Standard Specifications for Public Works Construction, North Central Texas”. These Special Provisions are additional and modify the “Standard Specifications”. Item # Subject DIVISION 200 – SITE PROTECTION & PREPARATION 201. Temporary Erosion, Sedimentation & Water Pollution Prevention & Control 201.1. Description 201.2. Items of Work and Materials 201.3. Pre-construction Submittals 201.4. Construction Requirements 201.5. Silt Fence 201.6. Interceptor Swale 201.7. Diversion Dike 201.8. Triangular Sediment Filter Dike 201.9. Check Dam (Rock) 201.10. Check Dam (Sand Bag) 201.11. Stabilized Construction Entrance 201.12. Stone Outlet Sediment Trap 201.13. Pipe Slope Drain 201.14. Inlet Protection 201.15. Erosion Control Blankets 201.16.* Mulching 201.17. Measurement and Payment 202. Landscaping 202.1. Removal, Protection & Replacement of Trees, Shrubbery, Plants, Sod, and Other Vegetation 202.2. Topsoil 202.3. Soil Amendments 202.4. Fertilizer 202.5. Sodding 202.6.* Seeding Turf-grass 202.7. Rejection 203. Site Preparation 203.1. Determining Location & Protection of Existing Structures and Utilities 203.2. Maintenance of Streets During Construction 203.3. General Site Preparation 203.4. Unclassified Street Excavation 203.5. Unclassified Channel Excavation 203.6. Borrow 203.7.* Embankment 203.8. Dust Control Item # Subject DIVISION 300 – ROADWAY CONSTRUCTION 301. Subgrade, Subbase & Base Preparation 301.1. General 301.2.* Lime Treatment 301.3.* Portland Cement Treatment 301.4. Asphalt Emulsion Treatment 301.5. Flexible Sub-base or Base (Crushed Stone / Concrete) 301.6. Geo-textiles Used in Paving Applications 302. Asphalt Pavement 302.1. Description 302.2.* Aggregates for Hot-Mix Asphalt Pavement 302.3. Bituminous Materials 302.4. Fibrous Reinforcement for Asphalt 302.5. Storage, Heating & Application Temperature of Bituminous Materials 302.6. Emulsified Asphalt Treatment 302.7. Prime Coat 302.8. Asphalt Base Course 302.9. Hot-Mix Asphalt Pavement 302.10. Measurement and Payment 303.* Portland Cement Concrete Pavement 303.1 Description 303.2.* Portland Cement Concrete Pavement Materials 303.3. Mix Design and Mixing Concrete 303.4. Equipment 303.5. Construction Methods 303.6. Alley Paving 303.7. Pavement Leave-outs 303.8.* Pavement Testing and Evaluation 303.9. Measurement and Payment 304. PAVING UNITS 304.1. Solid Concrete Interlocking Paving Units 305. Miscellaneous Roadway Construction 305.1.* Concrete Curb and Gutter 305.2.* Concrete Sidewalks, Driveway Approaches, and Barrier Free Ramps 305.3. Concrete Medians 305.4. Reinforced Concrete Headers Materials & Construction Methods Item # Subject DIVISION 400 – ROADWAY MAINTENANCE & REHABILITATION 401. Crack Sealing 401.1. General 401.2. Materials 401.3. Methods 402. PAVEMENT CUT, EXCAVATION, AND REPAIR 402.1. General Requirements 402.2. Minimum Size of Repair 402.3. Sawing 402.4. Replacing Paved Surfaces 403. Asphaltic Pavement Repair 403.1. Description 403.2. Materials and Mixing 403.3. Methods 403.4. Measurement and Payment 404. SURFACE TREATMENT 404.1. Description 404.2. General 404.3. Slurry Seals and Micro-(Re)Surfacing 404.4. Bituminous Surface Treatment (Chip Seal) 405. Ultra-Thin Concrete Paving (WhiteTopping) 405.1. Description 405.2. Materials 405.3. Construction Methods 405.4. Measurement 405.5. Payment DIVISION 500 – UNDERGROUND CONSTRUCTION & APPURTENANCES 501.* Underground Conduit Materials 501.1. General 501.2. Clay Wastewater Pipe 501.3. Vitrified Clay Pipe for Micro-tunneling, Slip-lining, Pipe Bursting, and Tunnels 501.4.* Concrete Pressure Pipe and Fittings 501.5.* Reinforced Concrete Wastewater Pipe with Rubber Gasket Joints 501.6. Reinforced Concrete Culvert, Storm Drain, Pipe and Box Section 501.7.* Ductile-Iron Pressure Pipe and Fittings 501.8. Ductile-Iron Pipe for Pipe Rehabilitation 501.9.* Steel Pipe and Fittings 501.10. Seamless Copper Tubing 501.11. Corrugated Metal Pipe or Arch Shapes 501.12. Structural Plate Structures 501.13. Tunnel Liner Plates 501.14. Polyvinyl Chloride (PVC) Water Pipe 501.15. Polyvinyl Chloride (PVC) Pressure-Rated Pipe (SDR Series) 501.16. Molecularly Oriented Polyvinyl Chloride (PVCO) Water Pipe Item # Subject 501.17. Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings with Dimension Control 501.18. Polyvinyl Chloride (PVC) Profile Gravity Wastewater Pipe and Fittings — For Direct Bury and Slip-lining Applications 501.19. PVC Composite Pipe for Wastewater Conduits 501.20. Polyvinyl Chloride (PVC) Corrugated Storm Water Pipe with Smooth Interior and Fittings 501.21. Solid Wall Polyethylene Plastic Pipe for Water, Wastewater, and Pipe Rehabilitation 501.22. Polyethylene (PE) Large Diameter Wastewater Pipe with Modified Wall Profiles & Performance Standards 501.23. Polyethylene (PE) Corrugated Drainage Tubing and Corrugated Smooth Lined Storm Water Pipe and Fittings 501.24. Fiberglass (Glass-Fiber-Reinforced Thermosetting-Resin) Wastewater Pipe 502. Appurtenances 502.1. Manholes 502.2. Wastewater Main Cleanouts 502.3.* Fire Hydrants 502.4. Thrust Restraint 502.5. Fittings 502.6* Valves 502.7. Performed Flexible Conduit Joint Sealant 502.8. Polyethylene Wrap For Metal Pipe Fittings 502.9. Corrosion-Resistant Coatings and Liners for Wastewater Conduit and Appurtenances 502.10. Connections To Conduit For Service 502.11. Miscellaneous Conduit Connections 502.12. Structures 503. Trenchless Installation 503.1. Conduit Materials 503.2. Tunnel/Chasing Pipe Spacers 503.3. Methods of Jacking, Boring or Tunneling 503.4. Measurement and Payment 504. Open Cut — Backfill 504.1. General 504.2. Materials 504.3.* Excavation and Foundation 504.4.* Backfill-General Requirements 504.5 Embedment 504.6. Final Backfill 504.7. Measurement and Payment of Backfill 505. Open Cut — General Conduit Installation 505.1. General 505.2. General Installation Requirements for Pipe Types 506.* Open Cut — Water Conduit Installation 506.1. Description 506.2. Materials Materials & Construction Methods Item # Subject 506.3. Laying Water Conduit 506.4. Pipe Joints 506.5. Hydrostatic Test 506.6. Connections to Existing Water Conduits 506.7. Purging and Disinfection of Water Conduits 506.8. Plugs 506.9. Measurements and Payment 507. Open Cut — Wastewater Conduit Installation 507.1. Description 507.2. Materials 507.3. Laying Wastewater Conduit 507.4. Wastewater Conduit Joints 507.5. Test and Inspections 507.6. Measurement and Payment for Wastewater Conduit Installation 508. Open Cut — Storm Water Conduit Installation 508.1. Description 508.2. General 508.3. Reinforced Concrete Pipe for Storm Water 508.4. Corrugated Metal Pipe 508.5. Structural Plate Conduit 508.6. Measurement and Payment for Storm Water Conduit Installation 509. Crossings 509.1. General 509.2. State Highway Crossings 509.3. Street and Alley Crossings 509.4. Railroad Crossings 509.5. Creek and River Crossings 509.6. Measurement and Payment of Crossings DIVISION 600 – CONDUIT & APPURTENANCES REHABILITATION 601. Pipeline Rehabilitation 601.1. Description 601.2. General 601.3. General Materials 601.4. General Methods 601.5. PVC Expanded-In-Place (Fold-in-Form) 601.6. Polyethylene (PE) Expanded-In-Place (Deform Reform) 601.7. Cured-In-Place Pipe Liner (CIPP Liner) 601.8. Pipe Bursting With Polyethylene 601.9. Pipe Bursting With Rigid Pipe 601.10. Polyvinyl Chloride (PVC) Profile Gravity Liner Pipe (Segmental Sliplining) 601.11. Measurement and Payment 602. Rehabilitation of Manholes or Underground Vaults 602.1. General 602.2. Submittals 602.3. Quality Assurance Item # Subject 602.4. Delivery, Storage and Handling 602.5. Rehabilitation 602.7. Inspection and Testing 6012.8. Measurement and Payment 603. Abatement of Coatings Containing Heavy Metals 603.1. General 603.2. Job Plan 603.3. Testing 603.4. Monitoring 603.5. Protection 603.6. Lead-Based Coating Removal 603.7. Lead-Based Coating Encapsulation 603.8. Clean-Up and Disposal 603.9. Payment DIVISION 700 - STRUCTURES 701. General Structures 701.1. Structural Wood Products 701.2. Structural Excavation 701.3. Structural Bolting 702. Concrete Structures 702.1. Concrete Structure Materials 702.2. Mix Design and Mixing Concrete for Structures 702.3. Mix Design & Mixing Lightweight Concrete for Structures 702.4. Constructing Concrete Structures 702.5. Pre-stressed Concrete for Structures 702.6. Pneumatically Placed Concrete (Gunite) 702.7. Drilled Shaft Foundations 702.8. Pre-cast and Cast-In-Place Concrete Units 703. Steel Structures 703.1. Description 703.2. Materials for Steal Structures 703.3. Steel Structure Construction 703.4. Painting Metal Structures 703.5. Measurement and Payment 704. Piling 704.1. Piling Materials 704.2. Driving Piling 704.3. Penetration 704.4. Bearing Resistance 704.5. Constructing Cast-In-Place, Pre-Stressed Concrete Piling 704.6. Measurement and Payment DIVISION 800 – MISCELLANEOUS CONSTRUCTION & MATERIALS 801. Barriers, Warning & Detour Signs, & Fences 801.1. Barriers and Warning and/or Detour Signs 801.2. Metal Beam Guard Fence 801.3.* Railing Materials & Construction Methods Item # Subject 801.4. Chain Link Fence 801.5.* Wire Fence 802. Steps and Retaining Walls 802.1. Concrete Steps 802.2. Concrete Retaining Walls 802.3. Segmental Retaining Wall Systems 802.4. Cofferdams 803. Slope and Channel Protection 803.1. Articulating Concrete Block 803.2.* Gabion Structures 803.3. Riprap 803.4. Geotextiles Used in Drainage and Stabilization Applications 804. Painting and Other Protective Treatments; Pavement Marking 804.1. Description 804.2. Painting and Marking Item # Subject 804.3. Galvanizing 804.4. Measurement and Payment 805.* Electrical Components and Conduit 805.1. Description 805.2. General Requirements for Electrical Components 805.3.* Materials 805.4. Conduit Construction Methods 805.5. Measurement and Payment 806. Metals Materials 806.1. General 806.2. Structural Steel 806.3. Forgings 806.4. Castings 806.5. Copper 806.6. Bolts, Nuts, and Washers Materials & Construction Methods CITY OF ANNA, TEXAS SPECIAL PROVISIONS TO THE NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION MATERIALS AND CONSTRUCTION METHODS The North Central Texas Standard Specifications shall be modified and clarified by the addition of the following requirements to the various items. Except when specifically stated, none of the requirements shall be deleted. DIVISION 200 – SITE PROTECTION AND PREPARATION ITEM 201.16 MULCHING Slope and drainage channel seeding shall be in conformance with Item 201.16. Hydromulch Seeding mixture and rate shall be as required under Item 202.6: ITEM 202.2 TOPSOIL 202.2.3. Construction Methods Add the following: A minimum of four (4) inches of topsoil shall be provided on all major thoroughfare medians and rights-of-way and on all earthen channel slopes. This will be material imported from off site. The City will approve material prior to placement. ITEM 202.6 SEEDING TURF-GRASS Delete the mixture, rate, and planting dates and substitute: Type I Unhulled Perennial Bermuda: Reserve and Spangle Top Grass Seeds (September – March) Type ll: Perennial Bermuda Grass – Unhulled: (April – August) A mix of seed shall be used in overlapping seasons. 202.6.4 Construction Methods Add as follows: All seeding operations shall be performed by either “Drilling” or “Cultipacker” process or approved equivalent. Seed shall be covered by + ¼” Topsoil. 202.6.4.1 Description Add the following: The Contractor shall maintain the seeded areas including watering until a “Stand of Grass” is obtained. A “Stand of Grass” shall consist of 75% to 80% coverage, a minimum of one (1) inch in height. Re- seeding will be required in washed areas. Materials & Construction Methods ITEM 203.3 GENERAL SITE PREPARATION 203.3.2 Construction Methods Add the following: Unless otherwise approved in writing by the City of Anna, where excavation to grade established in the field by the Owner terminates in loose or solid rock, the Contractor shall excavate 6-inches below the required subgrade elevations for the entire roadbed width and shall backfill with suitable selected materials as indicated on the plans. Suitable selected material shall include lime treated subgrade or a base material having a plasticity, index not greater than 12. Payment for such work will be made under the items of unclassified street excavation, lime treated subgrade and hydrated lime. The 6- inch lime treated subgrade or base shall be compacted to 95% density. ITEM 203.7 EMBANKMENT 203.7.2 Construction Methods Add the following paragraph: Excavated material from the channel which is used as embankment to complete the established alignment, grade and cross-section of the channel shall be compacted to 95% density. 203.7.3 Density Add: Embankment in the City of Anna shall be compacted to not less than 95% of the maximum density. DIVISION 300 – ROADWAY CONSTRUCTION ITEM 301 SUBGRADE, SUB-BASE & BASE PREPARATION 301.1 General Construction Methods Add the following: Prior to final compaction of subgrade, samples of the subgrade material shall be collected by a testing laboratory approved by the City, and laboratory tests made to determine the amount of lime required. The application rate for hydrated lime shall be selected to obtain at least the optimum lime percentage indicated by test method ASTM C977-83a, Appendix Xl; however, not less than 27 lbs. per S.Y. shall be applied. A Geotechnical Engineer’s report reflecting the recommended application rate and including supporting test data shall be submitted in writing to the City, for approval prior to beginning any lime treatment. Laboratory test may be waived provided a minimum of 36 lbs. per S.Y. is applied. ITEM 301.2 LIME TREATMENT (Add the following) The lime treated subgrade shall be moist cured until covered by other base or pavement up to fourteen (14) days after final compaction. After 14 days without covering an application of 0.10 to 0.20 gallons per square yard emulsified asphalt shall be applied at the Contractor’s expense. Reapplication of emulsified asphalt may be required if lime treated subgrade is not covered shortly after first application. Lime treated subgrade may be covered by other base or Pavement when density of 95% of maximum at optimum moisture content is obtained. 301.2.1.2 Quicklime (dry) shall not be used in the construction of roadway work in the City. Materials & Construction Methods ITEM 301.3 PORTLAND CEMENT TREATMENT Add the following: Portland cement modification of subgrade soils is not approved in Anna. Subgrade soils means natural ground or embankment encountered in the construction. ITEM 301.5 FLEXIBLE SUB-BASE OR BASE (CRUSHED STONE / CONCRETE) General: Add the sentence: No local limestone material shall be used as flexible base (crushed limestone) on Anna paving projects, unless. otherwise shown on the plans. ITEM 302 ASPHALT PAVEMENT ITEM 302.2 AGGREGATE FOR HOT-MIX ASPHALT PAVEMENT Central Mixing Plant Add the following: When a fly ash admixture is used with Type I cement in the production of Portland cement concrete, separate silos shall be provided for fly ash and cement and provisions shall be made for individual measurements. Finishing Add the following: The finished concrete pavement construction under these specifications is expected to meet certain quality standards for surface of the concrete including the durability, texture, riding surface and appearance. The surface must be durable, firm, dense and well bonded to the aggregate to maintain an appearance and texture which is satisfactory to the Owner. Concrete pavement having a poor surface which has spalled (exposed aggregate) due to poor quality paste, high water-cement ratio, over-vibration, improper curing, extreme weather or any other reason, or does not have a satisfactory riding surface shall be removed and replaced at the Contractor’s expense. It is extremely important that the Pavement have a good rideable surface, free from undulations and rough joints. The City Engineer shall determine the acceptability of the Pavement. • Machine Finishing Machine finishing of pavement shall include the use of power-driven spreaders, reciprocating type power-driven vibrators, power-driven transverse strike-off, and screed. The concrete pavement shall be consolidated by a reciprocating type mechanical vibrator. As soon as the concrete has been spread between the forms, the mechanical vibrator shall be operated to consolidate the concrete and remove all voids. Hand manipulated vibrators shall be used for areas not covered by the mechanical vibratory unit. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine a transverse drag float may be used. After the floating has been completed and the excess water removed, but while the concrete is still plastic, the surface of the concrete shall be tested for trueness with an approved 10-foot steel straightedge furnished by the Contractor. The straightedge shall be operated from the side of the pavement, placed parallel to the pavement centerline and passed across the slab to reveal any high sports or depressions. The straightedge shall be advanced along the pavement in successive stages of not more Materials & Construction Methods than one-half its length. Practically perfect contact of the straightedge with surface will be required, and the pavement shall be leveled to this condition, in order to insure conformity with the surface test required below after the pavement has fully hardened and to insure a smooth rideable surface. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. After completion of the straightedge testing and surface correction the surface of the pavement shall be finished by an approved method. Methods available for pavement surface finish including a burlap drag finish, a broom finish or a belt finish. Unless otherwise shown on the plans, the pavement surface shall be finished with the burlap drag. a. Burlap Drag Finish If the surface texture is to be a drag finish, a drag shall be used; it shall consist of a seamless strip of damp burlap or cotton fabric, and it shall produce a uniform surface of gritty texture after dragging it longitudinally along the full width of pavement. For pavement 16 feet or more in width, the drag shall be mounted on a bridge which travels on the forms. The diameter of the drag shall be such that a strip of burlap or fabric at least 3 feet wide is in contact with the full width of pavement surface while the drag is used. The drag shall consist of not less than two layers of burlap with the bottom layer approximately 6 inches wider than the upper layer. The drag shall be maintained in such a condition that the resultant surface is of uniform appearance and reasonably free from gravels over 1/16-inch in depth. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags substituted. b. Broom Finish If the surface texture is to be broom finished, it shall be applied when the water sheen has practically disappeared. The broom shall be drawn from the. center to the edge of the pavement with adjacent strokes slightly overlapping. The broom operation shall be so executed that the corrugation. produced in the surface shall be uniform in appearance and not more than 1/16-inch in depth. Brooming shall be completed before the concrete is in such condition that the surface will be torn or unduly roughened by the operation. The surface thus finished shall be free from rough and porous areas, irregularities, and depressions resulting from improper handling of the broom. Brooms shall be of the quality, size, and construction and shall be operated to produce a surface finish meeting the approval of the Owner. Subject to the approval of the Owner, the Contractor may be permitted to substitute mechanical brooming in lieu of the manual brooming as herein described. c. Belt Finish If the surface texture is to be belt finish, when straightedging is completed and after sheen has practically disappeared and just before the concrete becomes non-plastic, the surface shall be belted with a 2-ply canvas belt not less than 8 inches wide and at least 3 feet longer than the pavement width. Hand belts shall have suitable handles to permit controlled, uniform manipulation. The belt shall be operated with short strokes transverse to the centerline and with a rapid advance parallel to the centerline. • Hand Finishing Hand finishing of concrete pavement will be’ permitted in areas where it is not practical or possible to construct with finishing machines. These areas include, but are not Materials & Construction Methods limited to, intersections, left turn, lanes, crossovers, transition areas and where the pavement width is not uniform. In all hand finished areas, one-half (½) extra sack of cement per cubic yard of concrete shall be used in the mix. In hand finished areas, the concrete shall be struck off with an approved strike-off screed to such elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is progressing, maintaining a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly and eliminate surface voids and the surface screeded to required section. After completion of a strike-off, consolidation and transverse screeding, a hand- operated longitudinal float shall be operated to test and level the surface to the required grade. Workmen shall operate the float from approved bridges riding on the forms and spanning the pavement. The longitudinal float shall be held in contact with the surface and parallel to the centerline and operated with short longitudinal strokes while being passed from one side of the pavement to the other. If contact with the pavement is not made at all points, additional concrete shall be placed, if required, and screeded, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed from one side to the other, the bridges may be moved forward half the length of the float and the operation repeated. Other operations and surfaces tests shall be as required for machine finishing. • Edging at Forms and Joints After the final finish, but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of transverse expansion joints, formed joints, transverse construction joints, and emergency construction joints shall be worked with an approved tool and rounded to the radius required by the plans. A well-defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting of the tool during use. At all joints, any tool marks appearing on the slap adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the edge shall not be disturbed. All concrete on top of the joint filler shall be completely removed. All joint shall be tested with a straightedge before the concrete has set, and correction shall be made if one side of the joint is higher than the other or if they are higher or lower than the adjacent slabs. ITEM 303 PORTLAND CEMENT CONCRETE PAVEMENT ITEM 303.8 PAVEMENT TESTING AND EVALUATION 303.8.2 Pavement Thickness Test Delete in its entirety and substitute therefore the following: Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness tests shall be made by the Contractor. Tests shall be made at 400-foot spacings along the length of the pavement. In the event a deficiency in the thickness of pavement is revealed, two (2) subsequent sets necessary to isolate the deficiency shall be made - one at a jointed section prior Materials & Construction Methods to the deficient station and one at a jointed section following the deficient station. Additional tests shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. If the average thickness of pavement in a particular section is less than called for on the plans, the pavement section shall be removed and replaced with the correct thickness, extending to joint boundaries, the full width of the pavement section, at the Contractor’s entire expense. No additional payment over the contract unit price shall be made for any pavement of a thickness exceeding that required on the plans. 303.8.3 Pavement Strength Test Revise the first paragraph to read: During the progress of the work, the Inspector or a commercial laboratory shall cast test cylinders or beams to maintain a check on the strengths of the concrete being placed. Add the following sentence and table: A table titled “PAVEMENT STRENGTH REQUIREMENTS”, is provided showing the required pavement thickness, 7-day strength, 28-day strength, minimum cement factor and maximum slump for each street type to be constructed in Anna. Requirements for high strength pavement and less thickness is also shown if required by the City. Add to the 5th paragraph: Test cores shall be obtained within five (5) working days after the 28-day test results have been provided by the commercial laboratory. All test cores shall be obtained by a commercial laboratory, at the Contractors expense. One (1) core shall be obtained in the immediate area of the deficiency and two (2) additional cores shall be obtained - one at a jointed section prior to the deficient station and one at a jointed section following the deficient station. Additional cores shall be obtained as necessary, at jointed section intervals to isolate the deficient area. Removal and replacement of concrete shall extend to joint boundaries, the full width of pavement section. Amend the 2nd paragraph on Page 217 to read “Pavement not meeting the minimum specified 28-day strength after cores have been tested shall be removed and replaced at the Contractor’s expense.” Delete the table and the paragraph below it. PAVEMENT STRENGTH REQUIREMENTS Item No. Street Type Street Width (F-F) Thick- ness Compr. 7-Day Strength 28-Day Mm. Cement Max. Slump 1. Principal Arterial, Minor Arterial 2-33’ & 2-24’ 8” 2940 4,000 6.5 3” 2. Collector (including office and comm. Street) 44’ to 36’ 8” 2500 4,000 6.0 , 3” 3. Residential • 28’ 6” 2500 4,000 6.0 3” ITEM 305 MISCELLANEOUS ROADWAY CONSTRUCTION ITEM 305.1 CONCRETE CURB AND GUTTER 305.1.3.2 Reinforcing Steel All bars at splices shall be lapped a minimum of 30 diameters of the bar or 12-inches, whichever is greater. Materials & Construction Methods ITEM 305.2 CONCRETE SIDEWALKS, DRIVEWAY APPROACHES, & BARRIER FREE RAMPS 305.2.2.2 Reinforcement Revise the first sentence to read: Driveway approaches and walk reinforcing shall be No. 3 bars on 24-inch centers. 305.2.3 Construction Methods General: Add to end of first paragraph: The drive approach shall have a minimum thickness equal to the thickness of the adjacent street or 6 inches, whichever is greater. 305.2.3.7 Joints Revise second sentence to read: Expansion joints shall be placed in the sidewalk at 20-foot intervals or as otherwise specified by the Owner. DIVISION 400 – ROADWAY MAINTENANCE AND REHABILITATION DIVISION 500 – UNDERGROUND CONSTRUCTION & APPURTENANCES ITEM 501 UNDERGROUND CONDUIT MATERIALS ITEM 501.4 CONCRETE PRESSURE PIPE AND FITTINGS C302 Reinforced Concrete Pressure Pipe, Non Cylinder Type, for Water and Other Liquids, and C300 Reinforced Concrete Pressure Pipe, Steel Cylinder Type, for Water and Other Liquids are not approved for use in the City, unless otherwise shown in the plans or approved in writing. Reinforced concrete cylinder pipe in sizes 16 inches through 21 inches shall be Pretensioned Pipe Type C303. For pipe 42 inches in diameter and above the pipe shall be Prestressed Pipe Type C301. Between 24 inches and 36 inches the pipe furnished may be either type. All pipe shall be designed to withstand the working pressure and external load as shown in the plans. ITEM 501.5 REINFORCE CONCRETE WASTEWATER PIPE WITH RUBBER GASKET JOINTS ASTM Designation C76 and shall be of the Thick Wall Pipe design with aggregates consisting of limestone aggregate in the proportion of at least 75 percent by weight of the total aggregates, unless otherwise provided in the Special Conditions to the Specifications. ITEM 501.9 STEEL PIPE AND FITTINGS 501.9.2 Applicable Standard Specifications (Add the following) Contractor shall, submit a written certification that the pipe has been manufactured and tested in accordance with the applicable standards. The pipe shall be manufactured, fabricated, coated and lined by a single manufacture being a certified member in good standing of the Steel Plate Fabricators Association (SPFA). Materials & Construction Methods 501.9.3 Pipe and Fitting Requirements Substitute the following for the sentence following (2) Wall Thickness: All steel pipe to be furnished for this project shall be designed in accordance with AWWA Ml 1 for the most critical application of internal pressures and external loads. The following design conditions shall apply: Internal Pressure (Design to account for working and surge together) 1) Working Pressure of 200 psi 2) Surge allowance of 250 psi External Loading for Buried Pipe 1) External loads shall be comprised of the weight of the backfill together with live and’ impact loads. Earth loads shall be calculated based on ditch and positive projecting conduit. The earth load for the pipe design shall be the greater of the above two conditions. 2) External live loads shall be at least equivalent to AASHTO HS-20 loading. 3) Modulus of soil reaction (E’) < 1000 psi 4) Unit weight of fill (w)> 120 pcf 5) Deflection lag factor (Dl) (1.0) 6) Bedding constant (K) = 0.100 7) hw = h = depth of cover above top of pipe 8) Maximum deflection in percent of pipe diameter ‘shall be ad determined by AWWA Ml 1, latest edition, as calculated using moment of inertia of steel cross section of pipe wall. Moment of inertia of cement mortar shall not be included in calculation of maximum deflection. Available Deflections Mortar-lined and coated = 2 percent of pipe diameter Maximum Working Stress The maximum combined stress based on working pressure shall be no greater than 50 percent of the minimum yield strength or 18,000 psi, whichever is less. The maximum combined stress based on test pressure shall be no greater than 75 percent of the minimum yield strength or 24,000 psi, whichever is less. 501.9.4 Joints: Add the following: In general, pipe joints shall be as follows, as indicated on the Drawings or as specified. 1) Flanged joints shall be provided as a minimum at all flanged valves, meters and other equipment. a. Flanges: Unless otherwise noted, flanges shall conform to the requirements of AWWA C207, Table D, E or F as required. b. Flange Bolts and Nuts: Shall be furnished in size and numbers stipulated in AWWA C207. Unless otherwise indicated, bolts shall be carbon steel to meet the requirements of ASTM Designation A307, Grade B for regular joints. Materials & Construction Methods 2) Restrained Lap-Welded slip joints (expanded bell) with a single fillet weld. 3) Carnegie-Shape Rubber Gasket Joint: Bell and spigot rubber gasket joint will be furnished with the bell end of the pipe mechanically expanded to the required internal diameter and the spigot end furnished as a sized Carnegie shape welded to the opposite end of the pipe. The expanded bell and Carnegie spigot shall be designed such that when the pipe is laid and jointed, it will be self-centered, and the 0-ring rubber gasket will be enclosed tightly on all four sides and confined under compression adequate to ensure watertightness. Gaskets to be full-face for use with flat face flanges and ring type for use with raised face flanges. Gasket material for water service pipe shall be cloth inserted rubber sheet, 1/8-inch thick or red rubber, ASTM D1330, Grade 1. Gasket material for air piping shall be as above, but of EPDM. 4) Mechanical Couplings: Mechanical couplings designed to provide a stress relieving flexible joint shall consist of a cylindrical sleeve, two gaskets, two follower rings and a set of bolts and nuts. a. Sleeves: Manufactured of ASTM A53 steel, for sizes 10-inches and smaller. ASTM A36 steel for sizes 12-inches and larger. Minimum sleeve length shall be five inches for pipe 12-inches and smaller, 7- inches for pipe 14-inches through 24-inches, and 10-inches for pipe larger than 24-inches. b. Follower Rings: Ductile Iron ASTM A536 or AISI Cl 020 Steel. c. Bolts and Nuts: High strength low alloy steel with heavy semi-finished hexagon nuts. d. Gaskets: Shall be of synthetic rubber suitable for operating conditions. e. Shop Finish: Manufacturer’s standard unless otherwise noted. f. Manufacturer: ‘Baker 200, Dresser Style 39, Rockwell Series 411 or approved equal. ITEM 502.3 FIRE HYDRANTS 502.3.1 Materials All fire hydrants furnished shall conform strictly with the latest specification C- 502 of the American Water Works Association Standards for dry barrel fire hydrants and must comply with the following supplementary details and changes or addition. (a) Inlet Connection: Unless otherwise specified the inlet connection shall ‘be a six (6) inch standard mechanical joint complete with all joint accessories. The inlet shoe shall be cast of the same or stronger metal than the lower barrel to prevent impact damage of the shoe. The interior of the shoe, including the lower valve plate and/or cap nut shall have a protective epoxy coating of at least 4 mils applied in the shop. If a cap nut is utilized it must be locked in place with a stainless steel lock washer or similar non- corrosive device and all machined surfaces must be protected from water intrusion to prevent corrosion and assure ease of field teardown or maintenance. Materials & Construction Methods (b) Main Valve: The main valve shall be reversible compression type, closing with the pressure and shall be not less than 5-1/4” in diameter. Composition of the main valve shall be molded rubber or neoprene having a durometer hardness of 90 + 5 and shall be not less than 1” thick to protect against hydrant chatter and give long term durability. (c) Outlet Nozzles: All hydrants shall be “three way”, equipped with two hose nozzles and one pumper nozzle. (d) Diameter Outlet Nozzles: The hydrant shall have two hose nozzles, two and one-half (2-1/2”) inches nominal l.D., and one pumper nozzle four and one-half (4-1/2”) inches nominal l.D. with Natural Standard Hose Threads. (e) Nozzle Attachment: All nozzles shall be mechanically connected into the barrel and have “0” Ring pressure seals to provide a positive seal between nozzles and hydrant barrel. A suitable nozzle lock shall be provided and shall be stainless steel or bronze. Nozzles shall not be caulked in. Nozzle caps shall be furnished with pentagon nut the same size as the operating nut. They shall be furnished with interior rubber gaskets that will seat against bronze nozzles. All caps shall be secured to hydrant barrel by heavy duty non-kinking chains with a chain loop on each cap that permits free turning of the cap, for speed and ease of removal by fire fighters. (f) Operating Nut: The operating nut shall be non-rising, pentagonal shape, measuring 1-1/8” at the top and 1-1/4” at the base from point to flat. Pentagon shall have a depth of at least one and one-quarter inch (1-1/4”). The hydrant shall be constructed in such a manner that the operating nut, “0” Rings and washers can be removed and replaced without removing the bonnet. All bearing surfaces of the operating nut shall be bronze. (g) Holddown Nut: Holddown nut must have intregal weather seal. Resilient seal between holddown nut and operating nut shall prevent debris entry to protect operating nut from damage. (h) Lubrication Reservoir: The hydrant shall have a completely “0” Ring sealed oil reservoir with a minimum of two (2) “0” Ring pressure seals to prevent contamination of the oil around the operating parts of the hydrant. The oil reservoir shall be cast in such a manner that all operating parts shall be repairable without removal of the bonnet to facilitate repairs and shall be of a design that all bearing surfaces and threaded parts will be automatically lubricated upon each operation of the hydrant. If bearing surfaces are not lubricated, the design shall keep operating friction to a minimum. A high wear resistant thermoset plastic anti-friction washer shall be in place above the thrust collar to minimize operation torque and facilitate long term ease of operation~ The operating threads must be sealed against contact with water to all times regardless of open or closed position of main valve. The hydrant shall have the capability of field personnel to visually. check oil level and add additional oil if needed. Filler and inspection plug shall be recessed or flush type. (i) Traffic Feature: Hydrants shall be “traffic model” having upper and lower barrel joined approximately two inches (2”) above the groundline by a breakable “swivel” flange providing 360 degree rotation of the upper barrel for nozzle positioning and must be capable of rotating barrel with line pressure on. The groundline shall not be less than eighteen inches (18”) Materials & Construction Methods below the centerline of the lowest nozzle and shall be clearly marked in a permanent manner on the lower barrel. A breakable stainless steel stem coupling shall join the two-piece stem adjacent to the ground line flange. Screws, clevis pins, fasteners or bolts used in the coupling shall be Series 300 stainless steel. The weakened portion of the stem coupling shall be located to divert pressure from the stem coupling directly to the upper and lower stems when torque is applied in seat ring removal. Design of the coupling shall be such that when the coupling is broken, no part of the coupling will shatter or come loose and fall into hydrant and the break will not occur through the pins or bolts holding the coupling to the stem. (j) Drain Valve Assembly: Hydrants shall be equipped with two drain valves which drain the barrel when the hydrant is closed and seal shut when the hydrant is in the open position. The upper valve plate,’ seat ring and drain ring (shoe bushing) must be bronze and work in conjunction to form an all bronze drainway. Upper valve plate if not bronze, must be epoxy coated. The bronze seat ring shall be a minimum 5-1/4” inside diameter and shall thread into a bronze drain ring forming an all bronze drainway with two (2) drain outlets for double protection against drain clogging and corrosive damage. All bronze components shall have less than 16% zinc alloy, Grade A to give high corrosion resistance as recommended ‘in Section 2.1, Table I of American Water Works Association Standard C-502. Seat ring seals shall be “0” Rings. Hydrant shall be designed so that during opening and closing operation(s), water pressure force flushes the drain valve and drain openings to prevent clogging, thus allowing barrel drainage: (k) Repair: All internal operating .parts shall be removable from above ground level with a’ lightweight stem wrench. (I) Provisions for Extension: All hydrants shall be capable of being extended to accommodate future grade changes without excavation. Extension of the hydrant shall be made by adding at the groundline flange a new coupling and stem section equal to the length of the extension. This must facilitate easy field grade adjustment. Stem extensions made by adding new section of stem to the threaded section of the stem at the top of the hydrant will not be’ accepted. Extension kits must be available from manufacturer in six-inch (6”) increments. (m) Pressure Loss and Working Pressure: Pressure loss through one (1) four and one-half inch (4-1/2”) nozzle at 1000 GPM shall not be more than 5.0 psi. Materials & Construction Methods ITEM 502.6 VALVES 502.6.2 Resilient-Seated Gate Valves for Ordinary Water Works Service Unless otherwise approved in writing, all Gate Valves for direct buried service in the City’s distribution system, 6 inches through 12 inches in diameter, shall be Resilient Seated Gate Valves that conform strictly with the latest specification C-509 of the American Water Works Association Standards and must comply with the following supplementary details, changes or additions. (a) Body: Gate valves shall be iron body designed for a working pressure of 250 psi. All valves shall be hydrostatically tested at 200 psi and shell tested at 500 psi. Any leakage during testing shall be cause for rejection. For ease of repair the body, bonnet and stuffing box shall be flanged together with ASTM Grade B bolts and nuts. Each valve shall have the maker’s initials, pressure rating, and year in which manufactured cast in the body. (b) Stems: Stems shall be machined from manganese bronze rod with an integral forged thrust collar machined to size. The stems shall be non-rising and equipped for nut operation, which shall be opened by turning to the left. (c) Stem Seals: The seals shall consist of two “0” rings above and one “0” ring below the thrust collar. An anti-friction washer shall be located above and below the thrust collar for operating torque. (d) Stem Nut: The stem nut shall be ASTM’B-62 bronze. (e) Resilient Wedge: The wedge shall be cast iron, fully encapsulated in molded rubber complying with ASTM D2000. Wedge must have molded wedge guides preventing the disc from tilting downstream during operation. Protective guide cap bearings made of polymer bearing material to provide a bearing interface between the wedge guide and valve interior. (f) Paint and Protective Coatings: All valves furnished under these specifications shall be painted on the exterior as specified in AWWA C509 with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a fusion epoxy coating ‘to a nominal thickness of 10 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. The proguard fusion epoxy coating shall fully comply with AWWA C550 .and certified NSF 61. The coating shall be ‘non-toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121.2514 entitled Resins and Polymeric Coatings. The coating shall ‘have a satin finish and shall be suitable for field overcoating and touchup with the same coating’ material without sanding or special surface preparation, or application of heat in excess of room temperature. (g) Experience and Certification: Valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for. the past ‘five (5) years. Each company or. Materials & Construction Methods manufacturer supplying valves under these specifications shall have on file, with the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and Structural properties of these materials. The manufacturer shall furnish to the City of Anna, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valves being installed within the City water distribution system. The certification shall state (1) the number of valves covered by the certifications, (2) the Addition where valves are being installed or the Project Name, and (3) name of Contractor installing valves. The City may require the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve within the City system, installed after adoption of these specifications, that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. (h) Tapping Sleeves: The materials for tapping sleeve bodies shall be cast-iron or ductile-iron in accordance with AWWA Standard Cl 10 (ANSI 21.10), in two sections, or halves to be bolted together with high-strength, corrosion resistant, low alloy steel bolts conforming to AWWA Standard C111 (ANSI 21.11). Cast iron and ductile-iron sleeve shall be mechanical joint, or as specified, or dimensions to secure, proper fit on the type and class of pipe on which they are to be used. Each sleeve shall be furnished with a 3/8-inch test opening so that tests can’ be made prior to tapping. Opening shall be provided with a 3/8-inch bronze plug. 502.6.5 Butterfly Valves (Add the Following) All Butterfly Valves for installation underground in the City’s distribution system 16 inches through 48 inches shall be in accordance with this specification. All butterfly valves furnished shall conform strictly with the latest specification C- ‘504 of the American Water Works Association Standard for rubber-seated butterfly valves and must comply with the following supplementary details and changes or addition. (a) Body: The body shall be cast-iron ASTM A126, Class B and shall have face ‘to face dimensions in accordance with AWWA Standards for short body, Class ‘150-B. All butterfly valves shall have a floating body seat ring to compensate for change in direction of flow to assure bottle-tight seal in either direction. (b) Shaft: Valve shafts shall be an 18-8, Type 304 stainless steel. Valve disc and shaft shall be standard self-adjusting Chevron “V” type packing. Shaft seals shall be of a design allowing replacement without removing the valve shaft. Materials & Construction Methods (c) Disc and Seat: The valve disc shall be cast iron ASTM A126, Class B. The valve seat shall be Buna-N located on the valve body. Valves 20” and smaller shall have a bonded seat that meets test procedures in ASTM D429, Method B. Valves 24” and larger shall be retained in the valve body’ by mechanical means without the use of metal retainers or other devices located in the flow stream. (d) Operator: Butterfly valve operators shall be of the traveling nut design. All operators shall have adjustable mechanical stop limiting devices to prevent over travel of the disc. The operator shall have a mechanical stop which will withstand an input torque of 450 Ft. lbs. against the stop. The traveling nut shall engage alignment grooves in the housing. (e) Operation: Unless otherwise shown in the plans, all valves shall open counter clockwise. (f) Valve Ends: Valve ends shall be Mechanical Joint End, or Flanged Ends. Mechanical joint valves shall come complete with bolts, nuts, gaskets and glands. It shall be the responsibility of the Contractor to coordinate the ends of the adjoining pipe with the type valve end he proposes to use. (g) Testing: All valves seats shall be tested at 150 psi as described in AWWA C-504 and in addition shall have a shell test of 300 psi. Any leakage shall be cause for rejection. (h) Paint and Protective Coatings: All butterfly ‘valves furnished under these specifications shall be painted on exterior as specified in AWWA C-504, with asphalt varnish. All ferrous metal surfaces in the internal part of the valve shall be protected with a two-part thermoset epoxy coating to a nominal thickness of 4 mils for corrosion protection and shall be of a color that is easily identified as an epoxy coating. This shall be applied in shop. The thermoset epoxy coating shall be a two-part epoxy and shall function as a physical, chemical and electrical barrier between the base metal to which it is applied and the surroundings. The coating shall be non-toxic and shall not impart taste to water. The coating must be formulated from materials deemed acceptable per the Food & Drug Administration Document Title 21 of the Federal Regulations of Food Additives, Section 121 .2514 entitled Resins & Polymeric Coatings. The coating shall have a satin finish and’ shall be suitable for field overcoating and touchup with the same coating material without sanding or special surface preparation, or application of heat in excess of room temperatures. (i) Experience and Certification: Butterfly valves, furnished under these specifications, shall be manufactured by a firm that has been producing valves of this general type continuously for the past five (5) years. Each company or manufacturer supplying valves under these specifications shall have on file, at the City of Anna, approved records of experience and detailed drawings of the proposed valves. Drawings shall cover the specific valve to be furnished for installation in the City of Anna and shall show all dimensions including metal thickness, construction details and materials used in all parts of the valve together with ASTM Designation and structural properties of these materials. Materials & Construction Methods The manufacturer shall furnish to the City, a Certification that the valve complies with the specifications without any exceptions. This certification shall apply to specific valve being installed with the City water distribution system. The certification shall state (1) the number of valves covered by the certification, (2) the Addition where valves are being installed or the Project Name and (3) name of Contractor installing valves. The City may require ‘the Manufacturer, Supplier or Contractor to dismantle valves at any time to determine compliance with these specifications. Location of any valve with the City system, installed after adoption of these specifications, .that does not meet the specifications completely shall be cause for prohibiting the future use of any valves from the same manufacturer. ITEM 504 OPEN CUT - BACKFILL ITEM 504.2 MATERIALS 504.2.2.1 Add the following sentence: All stone used for pipe embedment shall be standard crushed rock-aggregate, Grade 4, unless otherwise approved in writing. ITEM 504.3 EXCAVATION AND FOUNDATION Prior to start of excavation the Contractor shall remove and stockpile the Topsoil and protect the Topsoil from contamination during construction. After the trench has been refilled, topsoil shall be replaced to the extent that rock, excavated from the trench, will be completely covered and the area is returned to its original condition, except that in cultivated areas a minimum of 12 inches of top soil shall be replaced. ITEM 504.4 BACKFILL – GENERAL REQUIREMENTS The material used in the backfill shall be pulverized to the extent necessary to produce, a free flowing material free of clay balls larger than 6-inch diameter. ITEM 504.5 EMBEDMENT (Add the Following) Rock Cuttings or Sand will not be permitted in the pipe bedding for sanitary sewer or water lines in the City of Anna. 504.5.2.15 Class “H” Embedment: The embedment consists of a completely encased pipe with Standard Crushed Stone, Grade 4. Class ”H” Embedment shall be used on the P.V.C. Sanitary Sewer Pipe installed within the City of Anna. After the trench has been cut to a depth below the barrel of the pipe a distance of 1/8 Bc (3 inches minimum and 6 inches maximum), the bedding layer shall be brought to a point slightly above grade with compacted crushed stone. Bell holes shall be formed and the pipe laid and joined as specified. The stone shall be brought up in uniform layers of six inches to a point six inches over the top of the pipe when compacted. On PVC Pipe 18 inches through 27 inches in diameter the crushed stone shall be brought up in uniform layers to a point nine inches over the top of the pipe when compacted. Materials & Construction Methods ITEM 506 OPEN CUT – WATER CONDUIT INSTALLATION 506.3 Laying Water Conduit Valves for installation in the City’s distribution system shall be installed by direct burial as shown on the standard detail sheets and shall be provided with valve boxes for operation of the valve. 506.5 Hydrostatic Test: All hydrostatic tests shall be maintained over a period of not less than four hours. “Before being accepted, all ductile iron, C-900 PVC or concrete cylinder water mains shall be tested with a hydraulic test pressure of not less than four hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of 120 percent of the design pressure. Steel pressure pipe shall be tested with a hydraulic test pressure not to exceed 150 percent and not less than 120 percent of the designed working pressure. The rate of leakage of all pipe tested shall not exceed the amounts shown in the tables titled “Hydrostatic Test-C-900 PVC, Steel or Ductile Iron Water Mains” or “Hydrostatic Test-Concrete Cylinder Water Mains”. Water lines of material in combination shall be tested for the type of pipe (material) with the least stringent hydraulic test pressure and maintained over a period of not less than four hours.” Materials & Construction Methods HYDROSTATIC TEST C-900 OR 905 PVC, STEEL OR DUCTILE-IRON WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter Pipe 4” 6” 8” 10” 12” 14” 16” 18” 20” 5 0.016 0.024 0.032 0.039 0.047 0.055 0.063 0.071 0.079 10 0.032 0.047 0.063 0.079 0.095 0.110 0.126 0.142 0.158 20 0.063 0.095 0.126 0.158 0.189 0.221 0.253 0.284 0.316’ 30 0.095 0.142 0.189 0.237 0.284 0.331 0.379 0.426 0.473 40 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 50 0.158 0.239 0.316 0.395 0.473 0.552 0.631 0.710 0.789 60 0.189 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 70 0.221 0.331 0.442 0.552 0.663 0.773 0.884 0.994 1.105 80 0.253 0.379 0.505 0.631 0.756 0.884 1.010 1.136 1.263 90 0.284 0.426 0.568 0.710 0.852 0.994 1.136 1.278 1.420 100 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 200 0.631 0.947 1.263 1.578 1.894 2.210 2.525 2.841 3.157 300 0.947 1.420 1.894 2.367 2.841 3.314 3.788 4.261 4.735 400 1.263 1.894 2.525 3.157 3.788 4.419 5.051’ 5.682 6.313 500 1.578 .2.367 3.157 3.946 4.735 5.524 6.313 7.102 7.891 600 1.894 2.841 3.788 4.735 5.682 6.629 7.576 8.523 9.470 700 2.210 3.314 4.419 5.524 6.629 7.734 8.838 9.943 11.048 800 2.525 3.788 5.051 6.313 7.576 8.838 10.101 11.364 12.626 900 2.841 4.261 5.682 7.102 8.523 9.943 11.364 12.784 14.205 1000 3.157 4.735 6.313 7.891 9.470 11.048 12.626 14.205 15.783 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 25. gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 25 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 Materials & Construction Methods HYDROSTATIC TEST CONCRETE CYLINDER WATER MAINS GALLONS ALLOWED L.F. Pipe Diameter Pipe 4” 6” 8” 10” 12” 14” 16” 18” 20” 5 0.031 0.047 0.063 0.078 0.095 0.110 0.126 0.142 0.158 10 0.063 0.095 0.126 0.158 0.189 .0.221 0.253 0:284 0.315 20 0.126 0.189 0.253 0.316 0.379 0.442 0.505 0.568 0.631 30 0.188 0.284 0.379 0.473 0.568 0.663 0.758 0.852 0.947 40 0.253 0.379 0.505 0.631 0.758 0.884 1.010 1.136 1.263 50 0.316 0.473 0.631 0.789 0.947 1.105 1.263 1.420 1.578 60 0.379 0.568 0.758 0.947 1.136 .1.326 1.515 1.704 1.894 70 0.442 0.663 0.884 1.105 1.326 1.547 1.768 1.989. 2.210 80 0.505 0.758 1.010 1.263. 1.515 1.768 2.020 2.273 2.525 90 0.568 0.852 1.136 1.420 1.704 1.989 2.273 2.557 2.841 100 0.631 0.947 1.263 1.578 1.894 2.209 2.525 2.841 3.156 200 1.263 1.894 2.525 3.156 3.788 4.419 5.050 5.682 6.313 300 1.894 2.841 3.788 4.735 5.682 6.628 7.575 8.522 9.470 400 2.525 3.788 5.050 6.313 7.575 8.838 10.100 11.363 12.626 500 3.158 4.735 6.313 7.891 9.470 11.047 12.626 14.204 15.782 600 3.788 5.682 7.575 9.469 11.363 13.257 15.151 17.045 18.938 700 4.419 6.628 8.838 11.047 13.257 15.468 17.676 19.885 22.095 800 5.050 7.575 10.100 12.626 15.152 17.676 20.201 22.726 25.251 900 5.682 8.522 11.363 14.204 17.044 19.886 22.726 25.567 28.405 1000 6.313 9.469 12.626 15.782 18.939 22.096 25.253 28.408 31.564 Maximum allowable water loss in 4 hours at 180 pounds per square inch of pressure for a rate of 50 gallons per inch diameter of pipe per mile over a 24-hour period EQUATION THE ABOVE CHART IS BASED ON: Maximum Loss (Gal.) = 50 x Diameter of Pipe in Inches x L.F. of Pipe x 4 5280 24 Materials & Construction Methods ITEM 506.7 Purging and Disinfection of Water Conduits (Add the following) On all waterlines installed in the City of Anna the Contractor shall be responsible for Purging, Testing and Sterilization of the completed lines. DIVISION 600 – CONDUIT AND APPURTENANCES REHABILITATION DIVISION 700 – STRUCTURES DIVISION 800 – MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 801.3 RAILINGS Reflectorized marking for guard rail and other traffic control used shall meet the requirements of 3M Scotchlite Brand Reflective Sheeting Grade, Series 2800, 3800 or 5800, or equal. The. marking shall conform to U.S. Department of Transportation, Federal Highway Administration, STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, 1979 FP-79, Type III A, Sections 633.36 and 718.01 and Federal Supply Service, General Services Administration, LS-300 C, SHEETING AND TAPE REFLECTIVE NON-EXPOSED LENS, Reflectivity 2, Class 4. ITEM 801.5 WIRE FENCING 801.5.2.1 Wire Fencing Fabric: All chain link fencing shall be No. 9 gage copper bearing open-hearth steel wire. 801.5.2.2 Posts 801.5.2.2.1 Metal: All posts shall be heavily galvanized by the hot-dip process after fabrication and shall be fitted with watertight malleable iron caps. All posts shall be of the following size and shape: Line Posts: “H” Section hot rolled weighing not less than 4.10 pounds per linear foot or 3-1/2-inch O.D. pipe weighing not less than 3.65 pounds per linear foot. Terminal Posts: Three inch (3”) steel pipe weighing not less than 5.79 pounds per linear foot. Gate Posts: Four inch (4”) O.D. steel pipe weighing not less than 9.11 pounds per linear foot. 801.5.2.3 Rails. Gates. Braces and Fittings: Shall be 1-5/8 inch steel pipe weighing not less than 2.27 pounds per linear foot. Materials & Construction Methods ITEM 803.2 GABION STRUCTURES 803.2.2 Materials Add the sentence: All wire used, including tie and connecting wire, shall be certified by Mill Test Reports showing compliance with specification requirements. 803.2.2.2 Stone Add the following: Facing stone shall be hand selected, large stone and shall be selected for best appearance. Facing stone shall be an off-white color and prior to laying the stone, samples shall be delivered’ to the site and shall be approved ‘by the Engineer for gradation and appearance. ITEM 805 ELECTRICAL COMPONENTS AND CONDUIT ITEM 805.3 MATERIAL (Add the following) Pull Box. All pull boxes shall be Quazite precast polymer concrete, or approved equal. Boxes shall be approximately 17” x 30” x 30” and shall be furnished with a concrete cover. 162 1 Item 162 Sodding for Erosion Control 1. DESCRIPTION Provide and install grass sod as shown on the plans or as directed. 2. MATERIALS Use live, growing grass sod of the type specified on the plans. Use grass sod with a healthy root system and dense matted roots throughout the soil of the sod for a minimum thickness of 1 in. Do not use sod from areas where the grass is thinned out. Keep sod material moist from the time it is dug until it is planted. Grass sod with dried roots is unacceptable. 2.1. Block Sod. Use block, rolled, or solid sod free from noxious weeds, Johnson grass, other grasses, or any matter deleterious to the growth and subsistence of the sod. 2.2. Mulch Sod. Use mulch sod from an approved source, free from noxious weeds, Johnson grass, other grasses, or any matter deleterious to the growth and subsistence of the sod. 2.3. Fertilizer. Furnish fertilizer in accordance with Article 166.2., “Materials.” 2.4. Water. Furnish water in accordance with Article 168.2., “Materials.” 2.5. Mulch. Use straw mulch consisting of oat, wheat, or rice straw or hay mulch of either Bermudagrass or prairie grasses. Use straw or hay mulch free of Johnson grass and other noxious and foreign materials. Keep the mulch dry and do not use molded or rotted material. 2.6. Tacking Methods. Use a tacking agent applied in accordance with the manufacturer’s recommendations or a crimping method on all straw or hay mulch operations. Use tacking agents as approved or as specified on the plans. 3. CONSTRUCTION Cultivate the area to a depth of 4 in. before placing the sod. Plant the sod specified and mulch, if required, after the area has been completed to lines and grades as shown on the plans. Apply fertilizer uniformly over the entire area in accordance with Article 166.3., “Construction,” and water in accordance with Article 168.3., “Construction.” Plant between the average date of the last freeze in the Spring and 6 weeks before the average date for the first freeze in the Fall according to the Texas Almanac for the project area. 3.1. Sodding Types. 3.1.1. Spot Sodding. Use only Bermudagrass sod. Create furrows parallel to the roadway, approximately 5 in. deep and on 18-in. centers. Sod a continuous row not less than 3 in. wide in the 2 furrows adjacent to the roadway. Place 3-in. squares of sod on 15-in. centers in the remaining furrows. Place sod so that the root system will be completely covered by the soil. Firm all sides of the sod with the soil without covering the sod with soil. 3.1.2. Block Sodding. Place sod over the prepared area. Roll or tamp the sodded area to form a thoroughly compacted, solid mat filling all voids in the sodded area with additional sod. Trim and remove all visible netting and backing materials. Keep sod along edges of curbs, driveways, walkways, etc., trimmed until acceptance. 162 2 3.1.3. Mulch Sodding. Mow sod source to no shorter than 4 in., rake and remove cuttings. Disk the sod in 2 directions, cutting the sod to a minimum of 4 in. Excavate the sod material to a depth of no more than 6 in. Keep excavated material moist or it will be rejected. Distribute the mulch sod uniformly over the area to a depth of 6 in. loose, unless otherwise shown on the plans, and roll with a light roller or other suitable equipment. Add or reshape the mulch sod to meet the requirements of Section 162.3.2., “Finishing.” 3.2. Finishing. Smooth and shape the area after planting to conform to the desired cross-sections. Spread any excess soil uniformly over adjacent areas or dispose of the excess soil as directed. 3.3. Straw or Hay Mulch. Apply straw or hay mulch for “Spot Sodding” and “Mulch Sodding” uniformly over the area as shown on the plans. Apply straw mulch at 2 to 2-1/2 tons per acre. Apply hay mulch at 1-1/2 to 2 tons per acre. Use a tacking method over the mulched area. 4. MEASUREMENT “Spot Sodding,” “Block Sodding,” and “Straw or Hay Mulch” will be measured by the square yard in its final position. “Mulch Sodding” will be measured by the square yard in its final position or by the cubic yard in vehicles as delivered to the planting site. 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 “Spot Sodding,” “Block Sodding,” “Straw or Hay Mulch,” or “Mulch Sodding.” This price is full compensation for securing a source, excavation, loading, hauling, placing, rolling, finishing, furnishing materials, equipment, labor, tools, supplies, and incidentals. Fertilizer will not be paid for directly but will be subsidiary to this Item. Unless otherwise specified on the plans, water, except for that used for maintaining and preparing the sod before planting, will be measured and paid for in accordance with Item 168, “Vegetative Watering 210 1 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 Type Materials to be Compacted Load (tons) Contact Pressure Roller Speed (mph) Steel wheel Embankment, subgrade, base, asphalt concrete ≥ 10 ≥ 325 lb. per inch of wheel width 2–3 Tamping Embankment, subgrade – 125–550 psi per tamping foot 2–3 Heavy tamping Embankment, subgrade – ≥ 550 psi per tamping foot 2–3 Vibratory Embankment, subgrade, base, asphalt concrete Type A  6 Type B  6 Type C as shown on the plans Per equipment specification and as approved As approved Light pneumatic Embankment, subgrade, surface treatment 4.5–9.0 ≥ 45 psi 2–6 Asphalt Concrete 4–12 Medium pneumatic Embankment, subgrade, base, surface treatment 12–25 ≥ 80 psi, as directed 2–6 Asphalt Concrete 4–12 Heavy pneumatic Embankment, subgrade, base, previously broken concrete pavement, other pavements ≥ 25 ≤ 150 psi 2–6 Grid Embankment, breaking up existing asphalt mats or base 5–13 – 2–3 1. Unless otherwise specified in the Contract. 210 2 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 210 3 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. 216 1 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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tem 360 Concrete Pavement 1. DESCRIPTION Construct hydraulic cement concrete pavement with or without curbs on the concrete pavement. 2. MATERIALS 2.1. Hydraulic Cement Concrete. Provide hydraulic cement concrete in accordance with Item 421, “Hydraulic Cement Concrete.” Use compressive strength testing unless otherwise shown on the plans. Provide Class P concrete designed to meet a minimum average compressive strength of 3,200 psi or a minimum average flexural strength of 450 psi at 7 days or a minimum average compressive strength of 4,000 psi or a minimum average flexural strength of 570 psi at 28 days. Test in accordance with Tex-448-A or Tex-418-A. Obtain written approval if the concrete mix design exceeds 520 lb. per cubic yard of cementitious material. Use coarse aggregates for continuously reinforced concrete pavements to produce concrete with a coefficient of thermal expansion not more than 5.5 × 10-6 in./in./°F. Provide satisfactory Tex-428-A test data from an approved testing laboratory if the coarse aggregate coefficient of thermal expansion listed on the Department’s Concrete Rated Source Quality Catalog is not equal to or less than 5.5 × 10-6 in./in./°F. Provide Class HES concrete for very early opening of small pavement areas or leave-outs to traffic when shown on the plans or allowed. Design Class HES to meet the requirements of Class P and a minimum average compressive strength of 3,200 psi or a minimum average flexural strength of 450 psi in 24 hr., unless other early strength and time requirements are shown on the plans or allowed . Use Class A or P concrete meeting the requirements of Item 421, “Hydrualic Cement Concrete,” and this Item for curbs that are placed separately from the pavement. 2.2. Reinforcing Steel. Provide Grade 60 or above, deformed steel for bar reinforcement in accordance with Item 440, “Reinforcement for Concrete.” Provide positioning and supporting devices (baskets and chairs) capable of securing and holding the reinforcing steel in proper position before and during paving. Provide corrosion protection when shown on the plans. 2.2.1. Dowels. Provide smooth, straight dowels of the size shown on the plans, free of burrs, and conforming to the requirements of Item 440, “Reinforcement for Concrete.” Coat dowels with a thin film of grease, wax, silicone or other approved de-bonding material. Provide dowel caps on the lubricated end of each dowel bar used in an expansion joint. Provide dowel caps filled with a soft compressible material with enough range of movement to allow complete closure of the expansion joint. 2.2.2. Tie Bars. Provide straight deformed steel tie bars. Provide either multiple-piece tie bars or single-piece tie bars as shown on the plans. Furnish multiple piece tie bar assemblies from the list of approved multiple-piece tie bars that have been prequalified in accordance with DMS-4515, “Multiple Piece Tie Bars for Concrete Pavements,” when used. Multiple-piece tie bars used on individual projects must be sampled in accordance with Tex-711-I, and tested in accordance with DMS-4515 “Multiple Piece Tie Bars for Concrete Pavements.” 2.3. Alternative Reinforcing Materials. Provide reinforcement materials of the dimensions and with the physical properties specified when allowed or required by the plans. Provide manufacturer’s certification of required material properties. 360 2 2.4. Curing Materials. Provide Type 2 membrane curing compound conforming to DMS-4650, “Hydraulic Cement Concrete Curing Materials and Evaporation Retardants.” Provide SS-1 emulsified asphalt conforming to Item 300, “Asphalts, Oils, and Emulsions,” for concrete pavement to be overlaid with asphalt concrete under this Contract unless otherwise shown on the plans or approved. Provide materials for other methods of curing conforming to the requirements of Item 422, “Concrete Superstructures.” Provide insulating blankets for curing fast track concrete pavement with a minimum thermal resistance (R) rating of 0.5 hour-square foot F/BTU. Use insulating blankets that are free from tears and are in good condition. 2.5. Epoxy. Provide Type III, Class C epoxy in accordance with DMS-6100, “Epoxies and Adhesives,” for installing all drilled-in reinforcing steel. Submit a work plan and request approval for the use of epoxy types other than Type III, Class C. 2.6. Evaporation Retardant. Provide evaporation retardant conforming to DMS-4650, “Hydraulic Cement Concrete Curing Materials and Evaporation Retardants.” 2.7. Joint Sealants and Fillers. Provide Class 5 or Class 8 joint-sealant materials and fillers unless otherwise shown on the plans or approved and other sealant materials of the size, shape, and type shown on the plans in accordance with DMS-6310, “Joint Sealants and Fillers.” 3. EQUIPMENT Furnish and maintain all equipment in good working condition. Use measuring, mixing, and delivery equipment conforming to the requirements of Item 421, “Hydraulic Cement Concrete.” Obtain approval for other equipment used. 3.1. Placing, Consolidating, and Finishing Equipment. Provide approved self-propelled paving equipment that uniformly distributes the concrete with minimal segregation and provides a smooth machine-finished consolidated concrete pavement conforming to plan line and grade. Provide an approved automatic grade control system on slip-forming equipment. Provide approved mechanically-operated finishing floats capable of producing a uniformly smooth pavement surface. Provide equipment capable of providing a fine, light water fog mist. When string-less paving equipment is used, use Section 5.9.3, “Method C,” and establish control points at maximum intervals of 500 ft. Use these control points as reference to perform the work. Provide mechanically-operated vibratory equipment capable of adequately consolidating the concrete. Provide immersion vibrators on the paving equipment at sufficiently close intervals to provide uniform vibration and consolidation of the concrete over the entire width and depth of the pavement and in accordance with the manufacturer’s recommendations. Provide immersion vibrator units that operate at a frequency in air of at least 8,000 cycles per minute. Provide enough hand-operated immersion vibrators for timely and proper consolidation of the concrete along forms, at all joints and in areas not covered by other vibratory equipment. Surface vibrators may be used to supplement equipment-mounted immersion vibrators. Provide tachometers to verify the proper operation of all vibrators. For small or irregular areas or when approved, the paving equipment described in this Section is not required. 3.2. Forming Equipment. 3.2.1. Pavement Forms. Provide metal side forms of sufficient cross-section, strength, and rigidity to support the paving equipment and resist the impact and vibration of the operation without visible springing or settlement. Use forms that are free from detrimental kinks, bends, or warps that could affect ride quality or alignment. Provide flexible or curved metal or wood forms for curves of 100-ft. radius or less. 3.2.2. Curb Forms. Provide curb forms for separately placed curbs that are not slipformed that conform to the requirements of Item 529, “Concrete Curb, Gutter, and Combined Curb and Gutter.” 360 3 3.3. Reinforcing Steel Inserting Equipment. Provide inserting equipment that accurately inserts and positions reinforcing steel in the plastic concrete parallel to the profile grade and horizontal alignment in accordance to plan details when approved. 3.4. Texturing Equipment. 3.4.1. Carpet Drag. Provide a carpet drag mounted on a work bridge or a manual moveable support system. Provide a single piece of carpet of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture. Obtain approval to vary the length and width of the carpet to accommodate specific applications. 3.4.2. Tining Equipment. Provide a self-propelled metal tine device equipped with steel tines with cross-section approximately 1/32 in. thick × 1/12 in. wide. Provide tines for transverse tining equipment spaced at approximately 1 in., center-to-center, or provide tines for longitudinal tining equipment spaced at approximately 3/4 in., center-to-center. Manual methods that produce an equivalent texture may be used when it is impractical to use self-propelled equipment, such as for small areas, narrow width sections, and in emergencies due to equipment breakdown. 3.5. Curing Equipment. Provide a self-propelled machine for applying membrane curing compound using mechanically-pressurized spraying equipment with atomizing nozzles. Provide equipment and controls that maintain the required uniform rate of application over the entire paving area. Provide curing equipment that is independent of all other equipment when required to meet the requirements of Section 360.4.9., “Curing.” Hand-operated pressurized spraying equipment with atomizing nozzles may only be used on small or irregular areas, narrow width sections, or in emergencies due to equipment breakdown. 3.6. Sawing Equipment. Provide power-driven concrete saws to saw the joints shown on the plans. Provide standby power-driven concrete saws during concrete sawing operations. 3.7. Grinding Equipment. Provide self-propelled powered grinding equipment that is specifically designed to smooth and texture concrete pavement using circular diamond blades when required. Provide equipment with automatic grade control capable of grinding at least a 3-ft. width longitudinally in each pass without damaging the concrete. 3.8. Testing Equipment. Provide testing equipment regardless of job-control testing responsibilities in accordance with Item 421, “Hydraulic Cement Concrete,” unless otherwise shown on the plans or specified. 3.9. Coring Equipment. Provide coring equipment capable of extracting cores in accordance with the requirements of Tex-424-A when required. 3.10. Miscellaneous Equipment. Furnish both 10-ft. and 15-ft. steel or magnesium long-handled, standard straightedges. Furnish enough work bridges, long enough to span the pavement, for finishing and inspection operations. 4. CONSTRUCTION Obtain approval for adjustments to plan grade-line to maintain thickness over minor subgrade or base high spots while maintaining clearances and drainage. Maintain subgrade or base in a smooth, clean, compacted condition in conformity with the required section and established grade until the pavement concrete is placed. Keep subgrade or base damp with water before placing pavement concrete. Adequately light the active work areas for all nighttime operations. Provide and maintain tools and materials to perform testing. 4.1. Paving and Quality Control Plan. Submit a paving and quality control plan for approval before beginning pavement construction operations. Include details of all operations in the concrete paving process, including methods to construct transverse joints, methods to consolidate concrete at joints, longitudinal construction 360 4 joint layout, sequencing, curing, lighting, early opening, leave-outs, sawing, inspection, testing, construction methods, other details and description of all equipment. List certified personnel performing the testing. Submit revisions to the paving and quality control plan for approval. 4.2. Job-Control Testing. Perform all fresh and hardened concrete job-control testing at the specified frequency unless otherwise shown on the plans. Provide job-control testing personnel meeting the requirements of Item 421, “Hydraulic Cement Concrete.” Provide and maintain testing equipment, including strength testing equipment at a location acceptable to the Engineer. Use of a commercial laboratory is acceptable. Maintain all testing equipment calibrated in accordance with pertinent test methods. Make strength-testing equipment available to the Engineer for verification testing. Provide the Engineer the opportunity to witness all tests. The Engineer may require a retest if not given the opportunity to witness. Furnish a copy of all test results to the Engineer daily. Check the first few concrete loads for slump and temperature to verify concrete conformance and consistency on start-up production days. Sample and prepare strength-test specimens (2 specimens per test) on the first day of production and for each 3,000 sq. yd. or fraction thereof of concrete pavement thereafter. Prepare at least 1 set of strength- test specimens for each production day. Perform slump and temperature tests each time strength specimens are made. Monitor concrete temperature to ensure that concrete is consistently within the temperature requirements. The Engineer will direct random job-control sampling and testing. Immediately investigate and take corrective action as approved if any Contractor test result, including tests performed for verification purposes, does not meet specification requirements. The Engineer will perform job-control testing when the testing by the Contractor is waived by the plans; however, this does not waive the Contractor’s responsibility for providing materials and work in accordance with this Item. 4.2.1. Job-Control Strength. Use 7-day job-control concrete strength testing in accordance with Tex-448-A or Tex-418-A unless otherwise shown on the plans or permitted. Use a compressive strength of 3,200 psi or a lower job-control strength value proven to meet a 28-day compressive strength of 4,000 psi as correlated in accordance with Tex-427-A for 7-day job-control by compressive strength. Use a flexural strength of 450 psi or a lower job-control strength value proven to meet a 28-day flexural strength of 570 psi as correlated in accordance with Tex-427-A for 7-day job-control by flexural strength. Job control of concrete strength may be correlated to an age other than 7 days in accordance with Tex-427-A when approved. Job-control strength of Class HES concrete is based on the required strength and time. Investigate the strength test procedures, the quality of materials, the concrete production operations, and other possible problem areas to determine the cause when a job-control concrete strength test value is more than 10% below the required job-control strength or when 3 consecutive job-control strength values fall below the required job-control strength. Take necessary action to correct the problem, including redesign of the concrete mix if needed. The Engineer may suspend concrete paving if the Contractor is unable to identify, document, and correct the cause of low-strength test values in a timely manner. The Engineer will evaluate the structural adequacy of the pavements if any job-control strength is more than 15% below the required job-control strength. Remove and replace pavements found to be structurally inadequate at no additional cost when directed. 4.2.2. Split-Sample Verification Testing. Perform split-sample verification testing with the Engineer on random samples taken and split by the Engineer at a rate of at least 1 for every 10 job-control samples. The Engineer will evaluate the results of split-sample verification testing. Immediately investigate and take corrective action as approved when results of split-sample verification testing differ more than the allowable differences shown in Table 1, or the average of 10 job-control strength results and the Engineer’s split-sample strength result differ by more than 10%. 360 5 Table 1 Verification Testing Limits Temperature, Tex-422-A 2°F Flexural strength, Tex-448-A 19% Compressive strength, Tex-418-A 10% 4.3. Reinforcing Steel and Joint Assemblies. Accurately place and secure in position all reinforcing steel as shown on the plans. Place dowels at mid-depth of the pavement slab, parallel to the surface. Place dowels for transverse contraction joints parallel to the pavement edge. Tolerances for location and alignment of dowels will be shown on the plans. Stagger the lap locations so that no more than 1/3 of the longitudinal steel is spliced in any given 12-ft. width and 2-ft. length of the pavement. Use multiple-piece tie bars, drill and epoxy grout tie bars, or, if approved, mechanically-inserted single-piece tie bars at longitudinal construction joints. Verify that tie bars that are drilled and epoxied or mechanically inserted into concrete at longitudinal construction joints develop a pullout resistance equal to a minimum of 3/4 of the yield strength of the steel after 7 days. Test 15 bars using ASTM E488, except that alternate approved equipment may be used. All 15 tested bars must meet the required pullout strength. Perform corrective measures to provide equivalent pullout resistance if any of the test results do not meet the required minimum pullout strength. Repair damage from testing. Acceptable corrective measures include but are not limited to installation of additional or longer tie bars. 4.3.1. Manual Placement. Secure reinforcing bars at alternate intersections with wire ties or locking support chairs. Tie all splices with wire. 4.3.2. Mechanical Placement. Complete the work using manual placement methods described above if mechanical placement of reinforcement results in steel misalignment or improper location, poor concrete consolidation, or other inadequacies. 4.4. Joints. Install joints as shown on the plans. Joint sealants are not required on concrete pavement that is to be overlaid with asphaltic materials. Clean and seal joints in accordance with Item 438, “Cleaning and Sealing Joints.” Repair excessive spalling of the joint saw groove using an approved method before installing the sealant. Seal all joints before opening the pavement to all traffic. Install a rigid transverse bulkhead, for the reinforcing steel, and shaped accurately to the cross-section of the pavement when placing of concrete is stopped. 4.4.1. Placing Reinforcement at Joints. Complete and place the assembly of parts at pavement joints at the required location and elevation, with all parts rigidly secured in the required position, when shown on the plans. 4.4.2. Transverse Construction Joints. 4.4.2.1. Continuously Reinforced Concrete Pavement (CRCP). Install additional longitudinal reinforcement through the bulkhead when shown on the plans. Protect the reinforcing steel immediately beyond the construction joint from damage, vibration, and impact. 4.4.2.2. Concrete Pavement Contraction Design (CPCD). Install and rigidly secure a complete joint assembly and bulkhead in the planned transverse contraction joint location when the placing of concrete is intentionally stopped. Install a transverse construction joint either at a planned transverse contraction joint location or mid- slab between planned transverse contraction joints when the placing of concrete is unintentionally stopped. Install tie bars of the size and spacing used in the longitudinal joints for mid-slab construction joints. 4.4.2.3. Curb Joints. Provide joints in the curb of the same type and location as the adjacent pavement. Use expansion joint material of the same thickness, type, and quality required for the pavement and of the section shown for the curb. Extend expansion joints through the curb. Construct curb joints at all transverse pavement joints. Place reinforcing steel into the plastic concrete pavement for non-monolithic curbs as shown on the plans unless otherwise approved. Form or saw the weakened plane joint across the full width of concrete pavement and through the monolithic curbs. Construct curb joints in accordance with Item 529, “Concrete Curb, Gutter, and Combined Curb and Gutter.” 360 6 4.5. Placing and Removing Forms. Use clean and oiled forms. Secure forms on a base or firm subgrade that is accurately graded and that provides stable support without deflection and movement by form riding equipment. Pin every form at least at the middle and near each end. Tightly join and key form sections together to prevent relative displacement. Set side forms far enough in advance of concrete placement to permit inspection. Check conformity of the grade, alignment, and stability of forms immediately before placing concrete, and make all necessary corrections. Use a straightedge or other approved method to test the top of forms to ensure that the ride quality requirements for the completed pavement will be met. Stop paving operations if forms settle or deflect more than 1/8 in. under finishing operations. Reset forms to line and grade, and refinish the concrete surface to correct grade. Avoid damage to the edge of the pavement when removing forms. Repair damage resulting from form removal and honeycombed areas with a mortar mix within 24 hr. after form removal unless otherwise approved. Clean joint face and repair honeycombed or damaged areas within 24 hr. after a bulkhead for a transverse construction joint has been removed unless otherwise approved. Promptly apply membrane curing compound to the edge of the concrete pavement when forms are removed before 72 hr. after concrete placement. Forms that are not the same depth as the pavement, but are within 2 in. of that depth are permitted if the subbase is trenched or the full width and length of the form base is supported with a firm material to produce the required pavement thickness. Promptly repair the form trench after use. Use flexible or curved wood or metal forms for curves of 100-ft. radius or less. 4.6. Concrete Delivery. Clean delivery equipment as necessary to prevent accumulation of old concrete before loading fresh concrete. Use agitated delivery equipment for concrete designed to have a slump of more than 5 in. Segregated concrete is subject to rejection. Begin the discharge of concrete delivered in agitated delivery equipment conforming to the requirements of Item 421, “Hydraulic Cement Concrete.” Place non-agitated concrete within 45 min. after batching. Reduce times as directed when hot weather or other conditions cause quick setting of the concrete. 4.7. Concrete Placement. Do not allow the pavement edge to deviate from the established paving line by more than 1/2 in. at any point. Place the concrete as near as possible to its final location, and minimize segregation and rehandling. Distribute concrete using shovels where hand spreading is necessary. Do not use rakes or vibrators to distribute concrete. 4.7.1. Consolidation. Consolidate all concrete by approved mechanical vibrators operated on the front of the paving equipment. Use immersion-type vibrators that simultaneously consolidate the full width of the placement when machine finishing. Keep vibrators from dislodging reinforcement. Use hand-operated vibrators to consolidate concrete along forms, at all joints and in areas not accessible to the machine - mounted vibrators. Do not operate machine-mounted vibrators while the paving equipment is stationary. Vibrator operations are subject to review. 4.7.2. Curbs. Conform to the requirements of Item 529, “Concrete Curb, Gutter, and Combined Curb and Gutter” where curbs are placed separately. 4.7.3. Temperature Restrictions. Place concrete that is between 40°F and 95°F when measured in accordance with Tex-422-A at the time of discharge, except that concrete may be used if it was already in transit when the temperature was found to exceed the allowable maximum. Take immediate corrective action or cease concrete production when the concrete temperature exceeds 95°F. Do not place concrete when the ambient temperature in the shade is below 40°F and falling unless approved. Concrete may be placed when the ambient temperature in the shade is above 35°F and rising or above 40°F. Protect the pavement with an approved insulating material capable of protecting the concrete for the specified curing period when temperatures warrant protection against freezing. Submit for approval 360 7 proposed measures to protect the concrete from anticipated freezing weather for the first 72 hr. after placement. Repair or replace all concrete damaged by freezing. 4.8. Spreading and Finishing. Finish all concrete pavement with approved self-propelled equipment. Use power-driven spreaders, power-driven vibrators, power-driven strike-off, screed, or approved alternate equipment. Use the transverse finishing equipment to compact and strike-off the concrete to the required section and grade without surface voids. Use float equipment for final finishing. Use concrete with a consistency that allows completion of all finishing operations without addition of water to the surface. Use the minimal amount of water fog mist necessary to maintain a moist surface. Reduce fogging if float or straightedge operations result in excess slurry. 4.8.1. Finished Surface. Perform sufficient checks with long-handled 10-ft. and 15-ft. straightedges on the plastic concrete to ensure the final surface is within the tolerances specified in Surface Test A in Item 585, “Ride Quality for Pavement Surfaces.” Check with the straightedge parallel to the centerline. 4.8.2. Maintenance of Surface Moisture. Prevent surface drying of the pavement before application of the curing system by means that may include water fogging, the use of wind screens, and the use of evaporation retardants. Apply evaporation retardant at the manufacturer’s recommended rate. Reapply the evaporation retardant as needed to maintain the concrete surface in a moist condition until curing system is applied. Do not use evaporation retardant as a finishing aid. Failure to take acceptable precautions to prevent surface drying of the pavement will be cause for shutdown of pavement operations. 4.8.3. Surface Texturing. Complete final texturing before the concrete has attained its initial set. Drag the carpet longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface. Prevent the carpet from getting plugged with grout. Do not perform carpet dragging operations while there is excessive bleed water. A metal-tine texture finish is required unless otherwise shown on the plans. Provide transverse tining unless otherwise shown on the plans. Immediately following the carpet drag, apply a single coat of evaporation retardant, if needed, at the rate recommended by the manufacturer. Provide the metal-tine finish immediately after the concrete surface has set enough for consistent tining. Operate the metal-tine device to obtain grooves approximately 3/16 in. deep, with a minimum depth of 1/8 in., and approximately 1/12 in. wide. Do not overlap a previously tined area. Use manual methods to achieve similar results on ramps, small or irregular areas, and narrow width sections of pavements. Repair damage to the edge of the slab and joints immediately after texturing. Do not tine pavement that will be overlaid or that is scheduled for blanket diamond grinding or shot blasting. Target a carpet drag texture of 0.04 in., as measured by Tex-436-A, when carpet drag is the only surface texture required on the plans. Ensure adequate and consistent macro-texture is achieved by applying enough weight to the carpet and by keeping the carpet from getting plugged with grout. Correct any location with a texture less than 0.03 in. by diamond grinding or shot blasting. The Engineer will determine the test locations at points located transversely to the direction of traffic in the outside wheel path. 4.8.4. Small, Irregular Area, or Narrow Width Placements. Use hand equipment and procedures that produce a consolidated and finished pavement section to the line and grade where machine placements and finishing of concrete pavement are not practical. 4.8.5. Emergency Procedures. Use hand-operated equipment for applying texture, evaporation retardant, and cure in the event of equipment breakdown. 4.9. Curing. Keep the concrete pavement surface from drying as described in Section 360.4.8.2., “Maintenance of Surface Moisture,” until the curing material has been applied. Maintain and promptly repair damage to curing materials on exposed surfaces of concrete pavement continuously for at least 3 curing days. A curing day is defined as a 24-hr. period when either the temperature taken in the shade away from artificial heat is above 50°F for at least 19 hr. or the surface temperature of the concrete is maintained above 40°F for 24 hr. Curing begins when the concrete curing system has been applied. Stop concrete paving if curing compound 360 8 is not being applied promptly and maintained adequately. Other methods of curing in accordance with Item 422, “Concrete Superstructures,” may be used when specified or approved. 4.9.1. Membrane Curing. Spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of no more than 180 sq. ft. per gallon. Apply the curing compound before allowing the concrete surface to dry. Manage finishing and texturing operations to ensure placement of curing compound on a moist concrete surface, relatively free of bleed water, to prevent any plastic shrinkage cracking. Time the application of curing compound to prevent plastic shrinkage cracking. Maintain curing compounds in a uniformly agitated condition, free of settlement before and during application. Do not thin or dilute the curing compound. Apply additional compound at the same rate of coverage to correct damage where the coating shows discontinuities or other defects or if rain falls on the newly coated surface before the film has dried enough to resist damage. Ensure that the curing compound coats the sides of the tining grooves. 4.9.2. Asphalt Curing. Apply a uniform coating of asphalt curing at a rate of 90 to 180 sq. ft. per gallon when an asphaltic concrete overlay is required. Apply curing immediately after texturing and once the free moisture (sheen) has disappeared. Obtain approval to add water to the emulsion to improve spray distribution. Maintain the asphalt application rate when using diluted emulsions. Maintain the emulsion in a mixed condition during application. 4.9.3. Curing Class HES Concrete. Provide membrane curing in accordance with Section 360.4.9.1., “Membrane Curing,” for all Class HES concrete pavement. Promptly follow by wet mat curing in accordance with Section 422.4.8., “Final Curing,” until opening strength is achieved but not less than 24 hr. 4.9.4. Curing Fast-Track Concrete Pavement. Provide wet mat curing unless otherwise shown on the plans or as directed. Cure in accordance with Section 422.4.8., “Final Curing.” Apply a Type 1-D or Type 2 membrane cure instead of wet mat curing if the air temperature is below 65°F and insulating blankets are used. 4.10. Sawing Joints. Saw joints to the depth shown on the plans as soon as sawing can be accomplished without damage to the pavement regardless of time of day or weather conditions. Some minor raveling of the saw- cut is acceptable. Use a chalk line, string line, sawing template, or other approved method to provide a true joint alignment. Provide enough saws to match the paving production rate to ensure sawing completion at the earliest possible time to avoid uncontrolled cracking. Reduce paving production if necessary to ensure timely sawing of joints. Promptly restore membrane cure damaged within the first 72 hr. of curing. 4.11. Protection of Pavement and Opening to Traffic. Testing for early opening is the responsibility of the Contractor regardless of job-control testing responsibilities unless otherwise shown on the plans or as directed. Testing result interpretation for opening to traffic is subject to approval. 4.11.1. Protection of Pavement. Erect and maintain barricades and other standard and approved devices that will exclude all vehicles and equipment from the newly placed pavement for the periods specified. Protect the pavement from damage due to crossings using approved methods before opening to traffic. Where a detour is not readily available or economically feasible, an occasional crossing of the roadway with overweight equipment may be permitted for relocating equipment only but not for hauling material. When an occasional crossing of overweight equipment is permitted, temporary matting or other approved methods may be required. Maintain an adequate supply of sheeting or other material to cover and protect fresh concrete surface from weather damage. Apply as needed to protect the pavement surface from weather. 4.11.2. Opening Pavement to All Traffic. Pavement that is 7 days old may be opened to all traffic. Clean pavement, place stable material against the pavement edges, seal joints, and perform all other traffic safety related work before opening to traffic. 360 9 4.11.3. Opening Pavement to Construction Equipment. Unless otherwise shown on the plans, concrete pavement may be opened early to concrete paving equipment and related delivery equipment after the concrete is at least 48 hr. old and opening strength has been demonstrated in accordance with Section 360.4.11.4., “Early Opening to All Traffic,” before curing is complete. Keep delivery equipment at least 2 ft. from the edge of the concrete pavement. Keep tracks of the paving equipment at least 1 ft. from the pavement edge. Protect textured surfaces from the paving equipment. Restore damaged membrane curing as soon as possible. Repair pavement damaged by paving or delivery equipment before opening to all traffic. 4.11.4. Early Opening to All Traffic. Concrete pavement may be opened after curing is complete and the concrete has attained a flexural strength of 450 psi or a compressive strength of 3,200 psi, except that pavement using Class HES concrete may be opened after 24 hr. if the specified strength is achieved. 4.11.4.1. Strength Testing. Test concrete specimens cured under the same conditions as the portion of the pavement involved. 4.11.4.2. Maturity Method. Use the maturity method, Tex-426-A, to estimate concrete strength for early opening pavement to traffic unless otherwise shown on the plans. Install at least 2 maturity sensors for each day’s placement in areas where the maturity method will be used for early opening. Maturity sensors, when used, will be installed near the day’s final placement for areas being evaluated for early opening. Use test specimens to verify the strength–maturity relationship in accordance with Tex-426-A, starting with the first day’s placement corresponding to the early opening pavement section. Verify the strength–maturity relationship at least every 10 days of production after the first day. Establish a new strength–maturity relationship when the strength specimens deviate more than 10% from the maturity- estimated strengths. Suspend use of the maturity method for opening pavements to traffic when the strength–maturity relationship deviates by more than 10% until a new strength–maturity relationship is established. The Engineer will determine the frequency of verification when the maturity method is used intermittently or for only specific areas. 4.11.5. Fast Track Concrete Pavement. Open the pavement after the concrete has been cured for at least 8 hr. and attained a minimum compressive strength of 1,800 psi or a minimum flexural strength of 255 psi when tested in accordance with Section 360.4.11.4.1., “Strength Testing,” or Section 360.4.11.4.2., “Maturity Method,” unless otherwise directed. Cover the pavement with insulating blankets when the air temperature is below 65°F until the pavement is opened to traffic. 4.11.6. Emergency Opening to Traffic. Open the pavement to traffic under emergency conditions, when the pavement is at least 72 hr. old when directed in writing. Remove all obstructing materials, place stable material against the pavement edges, and perform other work involved in providing for the safety of traffic as required for emergency opening. 4.12. Pavement Thickness. The Engineer will check the thickness in accordance with Tex-423-A unless other methods are shown on the plans. The Engineer will perform 1 thickness test consisting of 1 reading at approximately the center of the paving equipment every 500 ft. or fraction thereof. Core where directed, in accordance with Tex-424-A, to verify deficiencies of more than 0.2 in. from plan thickness and to determine the limits of deficiencies of more than 0.75 in. from plan thickness. Fill core holes using an approved concrete mixture and method. 4.12.1. Thickness Deficiencies Greater than 0.2 in. Take one 4-in. diameter core at that location to verify the measurement when any depth test measured in accordance with Tex-423-A is deficient by more than 0.2 in. from the plan thickness. Take 2 additional cores from the unit (as defined in Section 360.4.12.3., “Pavement Units for Payment Adjustment” at intervals of at least 150 ft. and at selected locations if the core is deficient by more than 0.2 in., but not by more than 0.75 in. from the plan thickness, and determine the thickness of the unit for payment purposes by averaging the length of the 3 cores. In calculations of the average thickness of this unit 360 10 of pavement, measurements in excess of the specified thickness by more than 0.2 in. will be considered as the specified thickness plus 0.2 in. 4.12.2. Thickness Deficiencies Greater than 0.75 in. Take additional cores at 10-ft. intervals in each direction parallel to the centerline to determine the boundary of the deficient area if a core is deficient by more than 0.75 in. The Engineer will evaluate any area of pavement found deficient in thickness by more than 0.75 in., but not more than 1 in. Remove and replace the deficient areas without additional compensation or retain deficient areas without compensation, as directed. Remove and replace any area of pavement found deficient in thickness by more than 1 in. without additional compensation. 4.12.3. Pavement Units for Payment Adjustment. Limits for applying a payment adjustment for deficient pavement thickness from 0.20 in. to not more than 0.75 in. are 500 ft. of pavement in each lane. Lane width will be as shown on typical sections and pavement design standards. For greater than 0.75 in. deficient thickness, the limits for applying zero payment or requiring removal will be defined by coring or equivalent nondestructive means as determined by the Engineer. The remaining portion of the unit determined to be less than 0.75 in. deficient will be subject to the payment adjustment based on the average core thickness at each end of the 10-ft. interval investigation as determined by the Engineer. Shoulders will be measured for thickness unless otherwise shown on the plans. Shoulders 6 ft. wide or wider will be considered as lanes. Shoulders less than 6 ft. wide will be considered part of the adjacent lane. Limits for applying payment adjustment for deficient pavement thickness for ramps, widenings, acceleration and deceleration lanes, and other miscellaneous areas are 500 ft. in length. Areas less than 500 ft. in length will be individually evaluated for payment adjustment based on the plan area. 4.13. Ride Quality. Measure ride quality in accordance with Item 585, “Ride Quality for Pavement Surfaces,” unless otherwise shown on the plans. 5. MEASUREMENT This Item will be measured as follows: 5.1. Concrete Pavement. Concrete pavement will be measured by the square yard of surface area in place. The surface area includes the portion of the pavement slab extending beneath the curb. 5.2. Curb. Curb on concrete pavement will be measured by the foot in place. 6. PAYMENT These prices are full compensation for materials, equipment, labor, tools, and incidentals. 6.1. Concrete Pavement. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the adjusted unit price bid for “Concrete Pavement” of the type and depth specified as adjusted in accordance with Section 360.6.2., “Deficient Thickness Adjustment.” 6.2. Deficient Thickness Adjustment. Where the average thickness of pavement is deficient in thickness by more than 0.2 in. but not more than 0.75 in., payment will be made using the adjustment factor as specified in Table 2 applied to the bid price for the deficient area for each unit as defined under Section 360.4.12.3., “Pavement Units for Payment Adjustment.” 360 11 Table 2 Deficient Thickness Price Adjustment Factor Not deficient 1.00 Over 0.00 through 0.20 1.00 Over 0.20 through 0.30 0.80 Over 0.30 through 0.40 0.72 Over 0.40 through 0.50 0.68 Over 0.50 through 0.75 0.57 6.3. Curb. Work performed and furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Curb” of the type specified. 440 1 Item 440 Reinforcement for Concrete 1. DESCRIPTION Furnish and place reinforcement of the type, size, and details shown on the plans. 2. MATERIALS Use deformed steel bar reinforcement unless otherwise specified or allowed. 2.1. Approved Mills. Before furnishing steel, producing mills of reinforcing steel for the Department must be pre- approved in accordance with DMS-7320, “Qualification Procedure for Reinforcing Steel Producing Mills,” by the Construction Division. The Department’s MPL has a list of approved producing mills. Reinforcing steel obtained from unapproved sources will not be accepted. Contact the Construction Division with the name and location of the producing mill for stainless reinforcing steel, low carbon/chromium reinforcing steel, or dual-coated reinforcing steel at least 4 weeks before ordering any material. 2.2. Deformed Steel Bar Reinforcement. Provide deformed reinforcing steel conforming to one of the following:  ASTM A615, Grades 60, 75, or 80;  ASTM A996, Type A, Grade 60;  ASTM A996, Type R, Grade 60, permitted in concrete pavement only (Furnish ASTM A996, Type R bars as straight bars only and do not bend them. Bend tests are not required.); or  ASTM A706, Grades 60 or 80. Provide the grade of reinforcing steel shown on the plans. Provide Grade 60 if no grade is shown. The nominal size, area, and weight of reinforcing steel bars this Item covers are shown in Table 1. Table 1 Size, Area, and Weight of Reinforcing Steel Bars 3 0.375 0.11 0.376 4 0.500 0.20 0.668 5 0.625 0.31 1.043 6 0.750 0.44 1.502 7 0.875 0.60 2.044 8 1.000 0.79 2.670 9 1.128 1.00 3.400 10 1.270 1.27 4.303 11 1.410 1.56 5.313 14 1.693 2.25 7.650 18 2.257 4.00 13.60 2.3. Smooth Steel Bar Reinforcement. Provide smooth bars for concrete pavement with a yield strength of at least 60 ksi and meeting ASTM A615. Provide steel conforming to ASTM A615 or meet the physical requirements of ASTM A36 for smooth bars that are larger than No. 3. Designate smooth bars by size number up to No. 4 and by diameter in inches above No. 4. 440 2 2.4. Spiral Reinforcement. Provide bars or wire for spiral reinforcement of the grade and minimum size or gauge shown on the plans. Provide smooth or deformed wire conforming to ASTM A1064. Provide bars conforming to ASTM A615; ASTM A996, Type A; or ASTM A675, Grade 80, meeting dimensional requirements of ASTM A615. 2.5. Weldable Reinforcing Steel. Provide reinforcing steel conforming to ASTM A706 or with a maximum carbon equivalent (C.E.) of 0.55% if welding of reinforcing steel is required or desired. Provide a report showing the percentages of elements necessary to establish C.E. for reinforcing steel that does not meet ASTM A706, in order to be structurally welded. These requirements do not pertain to miscellaneous welds on reinforcing steel as defined in Section 448.4.2.1.1., “Miscellaneous Welding Applications.” Calculate C.E. using the following formula: 10 % 50 % 10 % 20 % 40 % 6 %%..VMoCrNiCuMnCEC Do not weld stainless reinforcing steel without permission from the Engineer. Provide stainless reinforcing steel suitable for welding, if required, and submit welding procedures and electrodes to the Engineer for approval. 2.6. Welded Wire Reinforcement. Provide welded wire reinforcement (WWR) conforming to ASTM A1064. Observe the relations shown in Table 2 among size number, diameter in inches, and area when ordering wire by size numbers, unless otherwise specified. Precede the size number for deformed wire with “D” and for smooth wire with “W.” Designate WWR as shown in the following example: 6 × 12 – W16 × W8 (indicating 6-in. longitudinal wire spacing and 12-in. transverse wire spacing with smooth No. 16 wire longitudinally and smooth No. 8 wire transversely). 440 3 Table 2 Wire Size Number, Diameter, and Area 31 0.628 0.310 30 0.618 0.300 28 0.597 0.280 26 0.575 0.260 24 0.553 0.240 22 0.529 0.220 20 0.505 0.200 18 0.479 0.180 16 0.451 0.160 14 0.422 0.140 12 0.391 0.120 10 0.357 0.100 8 0.319 0.080 7 0.299 0.070 6 0.276 0.060 5.5 0.265 0.055 5 0.252 0.050 4.5 0.239 0.045 4 0.226 0.040 3.5 0.211 0.035 2.9 0.192 0.035 2.5 0.178 0.025 2 0.160 0.020 1.4 0.134 0.014 1.2 0.124 0.012 0.5 0.080 0.005 —Size numbers (in.) are the nominal cross-sectional area of the wire in hundredths of a square inch. Fractional sizes between the sizes listed above are also available and acceptable for use. 2.7. Epoxy Coating. Provide epoxy coated reinforcing steel as shown on the plans. Before furnishing epoxy coated reinforcing steel, an epoxy applicator must be pre-approved in accordance with DMS-7330, “Qualification Procedure for Reinforcing Steel Epoxy Coating Applicators.” The Department’s MPL has a list of approved applicators. Furnish coated reinforcing steel meeting the requirements in Table 3. Table 3 Epoxy Coating Requirements for Reinforcing Steel Bar ASTM A775 or A934 Wire or WWR ASTM A884 Class A or B Mechanical couplers As shown on the plans Hardware As shown on the plans Use epoxy coating material and coating repair material that complies with DMS-8130, “Epoxy Powder Coating for Reinforcing Steel.” Patch no more than 1/4-in. total length in any foot at the applicator’s plant. Maintain identification of all reinforcing steel throughout the coating and fabrication process and until delivery to the project site. Furnish 1 copy of a written certification verifying the coated reinforcing steel meets the requirements of this Item and 1 copy of the manufacturer’s control tests. 2.8. Mechanical Couplers. Use couplers of the type specified in DMS-4510, “Mechanical Couplers for Reinforcing Steel,” Article 4510.5.A, “General Requirements,” when mechanical splices in reinforcing steel bars are shown on the plans. 440 4 Furnish only couplers pre-qualified in accordance with DMS-4510, “Mechanical Couplers for Reinforcing Steel.” Ensure sleeve-wedge type couplers are not used on coated reinforcing. Sample and test couplers for use on individual projects in accordance with DMS-4510, “Mechanical Couplers for Reinforcing Steel.” Furnish couplers only at locations shown on the plans. Furnish couplers for stainless reinforcing steel with the same alloy designation as the reinforcing steel. 2.9. Fibers. Supply fibers conforming to DMS-4550 “Fibers for Concrete” at the minimum dosage listed in the Department’s MPL, when allowed by the plans. Use non-metallic fibers when shown on the plans. 2.10. Stainless Reinforcing Steel. Provide deformed steel bars of the types listed in Table 4 and conforming to ASTM A955, Grade 60 or higher when stainless reinforcing steel is required on the plans. Table 4 Acceptable Types of Deformed Stainless Steel Bar S31653 S31803 S24100 S32304 316LN 2205 XM-28 2304 2.11. Low Carbon/Chromium Reinforcing Steel. Provide deformed steel bars conforming to ASTM A1035, Grade 100 when low carbon/chromium reinforcing steel is required on the plans. 2.12. Dual-Coated Reinforcing Steel. Provide deformed bars conforming to ASTM A1055, Grade 60 or higher when dual-coated reinforcing steel is required on the plans. 2.13. Glass Fiber Reinforced Polymer Bars (GFRP). Provide bars conforming to the AASHTO LRFD Bridge Design Guide Specifications for GFRP-Reinforced Concrete Bridge Decks and Traffic Railings, Section 4, “Material Specifications” when GFRP bars are required on the plans. Provide sample certification demonstrating the GFRP bar supplier has produced bar that meets the Material Specifications 2 mo. before fabrication. Furnish certification upon shipment that the GFRP bar supplied meets the Material Specifications. 3. CONSTRUCTION 3.1. Bending. Fabricate reinforcing steel bars as prescribed in the CRSI Manual of Standard Practice to the shapes and dimensions shown on the plans. Fabricate in the shop if possible. Field-fabricate, if permitted, using a method approved by the Engineer. Replace improperly fabricated, damaged, or broken bars at no additional expense to the Department. Repair damaged or broken bars embedded in a previous concrete placement using a method approved by the Engineer. Unless otherwise shown on the plans, the inside diameter of bar bends, in terms of the nominal bar diameter (d), must be as shown in Table 5. Table 5 Minimum Inside Diameter of Bar Bends Bends of 90 and greater in stirrups, ties, and other secondary bars that enclose another bar in the bend 3, 4, 5 4d 6, 7, 8 6d Bends in main bars and in secondary bars not covered above 3 through 8 6d 9, 10, 11 8d 14, 18 10d Bend-test representative specimens as described for smaller bars in the applicable ASTM specificati on where bending No. 14 or No. 18 Grade 60 bars is required. Make the required 90° bend around a pin with a diameter of 10 times the nominal diameter of the bar. Bend stainless reinforcing steel in accordance with ASTM A955. 3.2. Tolerances. Fabrication tolerances for bars are shown in Figure 1. 440 5 Figure 1 Fabrication Tolerances for Bars 3.3. Storage. Store reinforcement above the ground on platforms, skids, or other supports, and protect it from damage and deterioration. Ensure reinforcement is free from dirt, paint, grease, oil, and other foreign materials when it is placed in the work. Use reinforcement free from defects such as cracks and delaminations. Rust, surface seams, surface irregularities, or mill scale will not be cause for rejection if the minimum cross-sectional area of a hand wire-brushed specimen meets the requirements for the size of steel specified. Do not allow stainless reinforcing steel to be in direct contact with uncoated reinforcing steel, nor with galvanized reinforcing steel. This does not apply to stainless steel wires and ties. Store stainless reinforcing steel separately, off the ground on wooden supports. 3.4. Splices. Lap-splice, weld-splice, or mechanically splice bars as shown on the plans. Additional splices not shown on the plans will require approval. Splices not shown on the plans will be permitted in slabs no more than 15 in. in thickness, columns, walls, and parapets.  Do not splice bars less than 30 ft. in plan length unless otherwise approved. For bars exceeding 30 ft. in plan length, the distance center-to-center of splices must be at least 30 ft. minus 1 splice length, with no more than 1 individual bar length less than 10 ft. Make lap splices not shown on the plans, but otherwise 440 6 permitted, in accordance with Table 6. Maintain the specified concrete cover and spacing at splices, and place the lap-spliced bars in contact, securely tied together. Table 6 Minimum Lap Requirements for Steel Bar Sizes through No. 11 3 1 ft. 4 in. 2 ft. 0 in. 4 1 ft. 9 in. 2 ft. 8 in. 5 2 ft. 2 in. 3 ft. 3 in. 6 2 ft. 7 in. 3 ft. 11 in. 7 3 ft. 5 in. 5 ft. 2 in. 8 4 ft. 6 in. 6 ft. 9 in. 9 5 ft. 8 in. 8 ft. 6 in. 10 7 ft. 3 in. 10 ft. 11 in. 11 8 ft. 11 in. 13 ft. 5 in.  Do not lap No. 14 or No. 18 bars.  Lap spiral steel at least 1 turn.  Splice WWR using a lap length that includes the overlap of at least 2 cross wires plus 2 in. on each sheet or roll. Splices using bars that develop equivalent strength and are lapped in accordance with Table 6 are permitted.  Lap the existing longitudinal bars with the new bars as shown in Table 6 for box culvert extensions with less than 1 ft. of fill. Lap at least 1 ft. 0 in. for extensions with more than 1 ft. of fill.  Ensure welded splices conform to the requirements of the plans and of Item 448, “Structural Field Welding.” Field-prepare ends of reinforcing bars if they will be butt-welded. Delivered bars must be long enough to permit weld preparation.  Install mechanical coupling devices in accordance with the manufacturer’s recommendations at locations shown on the plans. Protect threaded male or female connections, and ensure the threaded connections are clean when making the connection. Do not repair damaged threads.  Mechanical coupler alternate equivalent strength arrangements, to be accomplished by substituting larger bar sizes or more bars, will be considered if approved in writing before fabrication of the systems. 3.5. Placing. Place reinforcement as near as possible to the position shown on the plans. Do not vary bars from plan placement by more than 1/12 of the spacing between bars in the plane of the bar parallel to the nearest surface of concrete. Do not vary bars from plan placement by more than 1/4 in in the plane of the bar perpendicular to the nearest surface of concrete. Provide a minimum 1-in. clear cover of concrete to the nearest surface of bar unless otherwise shown on the plans. For bridge slabs, the clear cover tolerance for the top mat of reinforcement is −0, +1/2 in. Locate the reinforcement accurately in the forms, and hold it firmly in place before and during concrete placement by means of bar supports that are adequate in strength and number to prevent displacement and keep the reinforcement at the proper distance from the forms. Provide bar supports in accordance with the CRSI Manual of Standard Practice. Use Class 1 supports, approved plastic bar supports, precast mortar, or concrete blocks when supports are in contact with removable or stay-in-place forms. Use Class 3 supports in slab overlays on concrete panels or on existing concrete slabs. Bar supports in contact with soil or subgrade must be approved. Use Class 1A supports with epoxy coated reinforcing steel. Provide epoxy or plastic coated tie wires and clips for use with epoxy coated reinforcing steel. Use mortar or concrete with a minimum compressive strength of 5,000 psi for precast bar supports. Provide a suitable tie wire in each block for anchoring to the bar. Place individual bar supports in rows at 4-ft. maximum spacing in each direction. Place continuous type bar supports at 4-ft. maximum spacing. Use continuous bar supports with permanent metal deck forms. 440 7 The exposure of the ends of longitudinals, stirrups, and spacers used to position the reinforcement in concrete pipe and storm drains is not cause for rejection. Tie reinforcement for bridge slabs and top slabs of direct traffic culverts at all intersections, except tie only alternate intersections where spacing is less than 1 ft. in each direction. Tie the bars at enough intersections to provide a rigid cage of reinforcement for reinforcement cages for other structural members. Fasten mats of WWR securely at the ends and edges. Clean mortar, mud, dirt, debris, oil, and other foreign material from the reinforcement before concrete placement. Do not place concrete until authorized. Stop placement until corrective measures are taken if reinforcement is not adequately supported or tied to resist settlement, reinforcement is floating upward, truss bars are overturning, or movement is detected in any direction during concrete placement. 3.6. Handling, Placing, and Repairing Epoxy Coated Reinforcing Steel. 3.6.1. Handling. Provide systems for handling coated reinforcing steel with padded contact areas. Pad bundling bands or use suitable banding to prevent damage to the coating. Lift bundles of coated reinforcement with a strongback, spreader bar, multiple supports, or a platform bridge. Transport the bundled reinforcement carefully, and store it on protective cribbing. Do not drop or drag the coated reinforcement. 3.6.2. Placing. Do not flame-cut coated reinforcement. Saw or shear-cut only when approved. Coat cut ends as specified in Section 440.3.6.3., “Repairing Coating.” Do not weld or mechanically couple coated reinforcing steel except where specifically shown on the plans. Remove the epoxy coating at least 6 in. beyond the weld limits before welding and 2 in. beyond the limits of the coupler before assembly. Clean the steel of oil, grease, moisture, dirt, welding contamination (slag or acid residue), and rust to a near-white finish after welding or coupling. Check the existing epoxy for damage. Remove any damaged or loose epoxy back to sound epoxy coating. Coat the splice area after cleaning with epoxy repair material to a thickness of 7 to 17 mils after curing. Apply a second application of repair material to the bar and coupler interface to ensure complete sealing of the joint. 3.6.3. Repairing Coating. Use material that complies with the requirements of this Item and ASTM D3963 for repairing of the coating. Make repairs in accordance with procedures recommended by the manufacturer of the epoxy coating powder. Apply at least the same coating thickness as required for the original coating for areas to be patched. Repair all visible damage to the coating. Repair sawed and sheared ends, cuts, breaks, and other damage promptly before additional oxidation occurs. Clean areas to be repaired to ensure they are free from surface contaminants. Make repairs in the shop or field as required. 3.7. Handling and Placing Stainless Reinforcing Steel. Handle, cut, and place stainless reinforcing steel bar using tools that are not used on carbon steel. Do not use carbon steel tools, chains, slings, etc. when handling stainless steel. Use only nylon or polypropylene slings. Cut stainless steel reinforcing using shears, saws, abrasive cutoff wheels, or torches. Remove any thermal oxidation using pickling paste. Do not field bend stainless steel reinforcing without approval. Use 16 gauge fully annealed stainless steel tie wire conforming to the material properties listed in Section 440.2.10., “Stainless Reinforcing Steel.” Support all stainless reinforcing steel on solid plastic, stainless steel, or epoxy coated steel chairs. Do not use uncoated carbon steel chairs in contact with stainless reinforcing steel. 440 8 3.8. Bending, Handling, Repairing, and Placing GFRP Bars. Fabricate, handle, repair, and place GFRP bars in accordance with the AASHTO LRFD Bridge Design Guide Specifications for GFRP-Reinforced Concrete Bridge Decks and Traffic Railings, Section 5, Construction Specifications. 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 considered subsidiary to pertinent Items. 506 1 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 contr ol, 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 fro m 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. 506 2 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. 506 3 Table 1 Sand Gradation #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 506 4 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 lis t 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. 506 5 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 requir ed 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: 506 6 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. 506 7 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 do wnstream 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 506 8 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. 506 9 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; 506 10  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.” 506 11 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 pric e 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. 506 12 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. 530 1 Item 530 Intersections, Driveways, and Turnouts 1. DESCRIPTION Construct and pave intersections, driveways, and turnouts. Pave existing intersections, driveways, and turnouts. Intersections are considered to be areas off the travel lanes and shoulders of the Contract highway on the intersecting highway on the state system. The intersecting on-system highway work will be paid for under this Item only when shown on the plans. Driveways are defined as private (residential or commercial) and public (county road and city street) access areas off the travel lanes and shoulders. Turnouts include but are not limited to mailbox and litter barrel widenings. 2. MATERIALS Furnish materials that meet the following:  Item 247, “Flexible Base”  Item 260, “Lime Treatment (Road-Mixed)”  Item 263, “Lime Treatment (Plant-Mixed)”  Item 275, “Cement Treatment (Road-Mixed)”  Item 276, “Cement Treatment (Plant-Mixed)”  Item 292, “Asphalt Treatment (Plant-Mixed)”  Item 316, “Seal Coat”  Item 330, “Limestone Rock Asphalt Pavement”  Item 334, “Hot-Mix Cold-Laid Asphalt Concrete Pavement”  Item 340, “Dense-Graded Hot-Mix Asphalt (Small Quantity)”  Item 360, “Concrete Pavement”  Item 421, “Hydraulic Cement Concrete”  Item 440, “Reinforcement for Concrete” 3. CONSTRUCTION Construct and pave intersections, driveways, and turnouts, and pave existing intersections, driveways, and turnouts as shown on the plans or as directed. Place materials in accordance with construction Articles of pertinent Items. Provide uninterrupted access to adjacent property unless otherwise directed. Ensure that abrupt elevation changes in driveway or turnout areas that serve as sidewalks do not exceed 1/4 in. and that the sidewalk area cross slope does not exceed 2%. Ready-mix concrete and hand finishing will be permitted when concrete pavement is specified unless otherwise shown on the plans for intersections. 4. MEASUREMENT This Item will be measured by the square yard of the final pavement surface. 530 2 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 “Intersections,” “Driveways,” “Turnout s,” “Intersections, Driveways, and Turnouts,” or “Driveways and Turnouts” of the surface specified. This price is full compensation for furnishing and operating equipment; excavation and embankment; base and pavement materials; and labor, materials, tools and incidentals. Drainage structures will be measured and paid for in accordance with the pertinent bid items. 3077 1 - 32 10-19 Statewide Special Specification 3077 Superpave Mixtures 1. DESCRIPTION Construct a hot-mix asphalt (HMA) pavement layer composed of a compacted, Superpave (SP) mixture of aggregate and asphalt binder mixed hot in a mixing plant. Payment adjustments will apply to HMA placed under this specification unless the HMA is deemed exempt in accordance with Section 3077.4.9.4., “Exempt 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. 3077 2 - 32 10-19 Statewide 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. 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, unless otherwise shown on the plans. 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 unless otherwise shown on the plans. 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. 2.1.1.2. Micro-Deval Abrasion. The Engineer will perform a minimum of one Micro-Deval abrasion test in accordance with Tex-461-A for each coarse aggregate source used in the mixture design that has a Rated Source Soundness Magnesium (RSSM) loss value greater than 15 as listed in the BRSQC. The Engineer will perform testing before the start of production and may perform additional testing at any time during production. The Engineer may obtain the coarse aggregate samples from each coarse aggregate source or may require the Contractor to obtain the samples. The Engineer may waive all Micro-Deval testing based on a satisfactory test history of the same aggregate source. The Engineer will estimate the magnesium sulfate soundness loss for each coarse aggregate source, when tested, using the following formula: Mgest. = (RSSM)(MDact./RSMD) where: Mgest. = magnesium sulfate soundness loss MDact. = actual Micro-Deval percent loss RSMD = Rated Source Micro-Deval When the estimated magnesium sulfate soundness loss is greater than the maximum magnesium sulfate soundness loss specified, the coarse aggregate source will not be allowed for use unless otherwise approved. The Engineer will consult the Soils and Aggregates Section of the Materials and Tests Division, and additional testing may be required before granting approval. 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). 3077 3 - 32 10-19 Statewide 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. Unless otherwise shown on the plans, up to 10% 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). Table 1 Aggregate Quality Requirements SAC Tex-499-A (AQMP) As shown on the plans Deleterious material, %, Max Tex-217-F, Part I 1.0 Decantation, %, Max Tex-217-F, Part II 1.5 Micro-Deval abrasion, % Tex-461-A Note 1 Los Angeles abrasion, %, Max Tex-410-A 352 Magnesium sulfate soundness, 5 cycles, %, Max Tex-411-A 253 Crushed face count,4 %, Min Tex-460-A, Part I 85 Flat and elongated particles @ 5:1, %, Max Tex-280-F 10 Linear shrinkage, %, Max Tex-107-E 3 Sand equivalent, %, Min Tex-203-F 45 1. Used to estimate the magnesium sulfate soundness loss in accordance with Section 3077.2.1.1.2., “Micro-Deval Abrasion.” 2. For base mixtures defined in Section 3077.2.7., “Recycled Materials,” the Los Angeles abrasion may be increased to a maximum of 40%. 3. For base mixtures defined in Section 3077.2.7., “Recycled Materials,” the magnesium sulfate soundness, five cycles, may be increased to a maximum of 30%. 4. Only applies to crushed gravel. Table 2 Gradation Requirements for Fine Aggregate 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, unless otherwise shown on the plans. Table 3 Gradation Requirements for Mineral Filler #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. 3077 4 - 32 10-19 Statewide 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 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. 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. Pr ovide 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 colle ction 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. 2.6.3. Compaction Aid. Compaction Aid is defined as a chemical warm mix additive that is used to produce an asphalt mixture at a discharge temperature greater than 275°F. Compaction Aid is allowed for use on all projects and is required when shown on the plans. 2.7. Recycled Materials. Use of RAP and RAS is permitted unless otherwise shown on the plans. Use of RAS is restricted to only intermediate and base mixes 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 the asphalt binder content and gradation of the RAP and RAS stockpiles for mixture design purposes in accordance with Tex-236-F, Part I. 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 the top of the pavement structure or placed directly below mixtures produced in accordance with Items 316, 342, 347, or 348;  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. Unless otherwise shown on the plans, mixtures used for bond breaker are defined as base mixtures. 2.7.1. RAP. RAP is salvaged, milled, pulverized, broken, or crushed asphalt pavement. Fractionated RAP is defined as a stockpile that contains RAP material with a minimum of 95.0% passing the 3/8-in. or 1/2-in. 3077 5 - 32 10-19 Statewide sieve, before burning in the ignition oven, unless otherwise approved. The Engineer may allow the Contractor to use an alternate to the 3/8-in. or 1/2-in. screen to fractionate the RAP. 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. 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. 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 eight. 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 20.0 30.0 35.0 1. Must also meet the recycled binder to total binder ratio shown in Table 5. 2.7.2. RAS. Use of post-manufactured RAS or post-consumer RAS (tear-offs) is not permitted in surface mixtures unless otherwise shown on the plans. RAS may be used in intermediate and base mixtures unless otherwise shown on the plans. Up to 3% 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 3.0% 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 3077 6 - 32 10-19 Statewide 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 using recycled materials, and 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. Table 5 Allowable Substitute PG Binders and Maximum Recycled Binder Ratios 1 76-224,5 70-22 70-22 15.0 25.0 30.0 70-222,5 N/A 64-22 15.0 25.0 30.0 64-222,3 N/A N/A 15.0 25.0 30.0 76-284,5 70-28 70-28 15.0 25.0 30.0 70-282,5 N/A 64-28 15.0 25.0 30.0 64-282,3 N/A N/A 15.0 25.0 30.0 1. Combined recycled binder from RAP and RAS. RAS is not permitted in surface mixtures unless otherwise shown on the plans. 2. Binder substitution is not allowed for surface mixtures. 3. Binder substitution is not allowed for intermediate and base mixtures. 4. Use no more than 15.0% recycled binder in surface mixtures when using this originally specified PG binder. 5. Use no more than 25.0% recycled binder when using this originally specified PG binder for intermediate mixtures. Use no more than 30.0% recycled binder when using this originally specified PG binder for base mixtures. 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 mandatory pre-paving meeting with the Engineer on or before the first day of paving unless otherwise shown on the plans. 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 3077 7 - 32 10-19 Statewide 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 AGG101 certified specialists for aggregate testing. 3077 8 - 32 10-19 Statewide 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 Bulk specific gravity Tex-201-F   AGG101 Unit weight Tex-404-A   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 (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 Selecting production random numbers Tex-225-F, Part I  1A Mixture sampling Tex-222-F   1A/1B 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 Control charts Tex-233-F   1A Moisture content Tex-212-F, Part II   1A/AGG101 Hamburg Wheel test Tex-242-F   1A Micro-Deval abrasion Tex-461-A  AGG101 Boil test Tex-530-C   1A Abson recovery Tex-211-F  TxDOT 5. Placement Testing Selecting placement random numbers Tex-225-F, Part II  1B Trimming roadway cores Tex-251-F, Parts I & II   1A/1B 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 Control charts Tex-233-F   1A Ride quality measurement Tex-1001-S   Note 3 Segregation (density profile) Tex-207-F, Part V   1B Longitudinal joint density Tex-207-F, Part VII   1B Thermal profile Tex-244-F   1B Shear Bond Strength Test Tex-249-F  TxDOT 1. Level 1A, 1B, AGG101, and 2 are certification levels provided by the Hot Mix Asphalt Center certification program. 2. Refer to Section 3077.4.9.2.3., “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. 3077 9 - 32 10-19 Statewide 4.2. Reporting and Responsibilities. Use Department-provided templates to record and calculate all test data, including mixture design, production and placement QC/QA, control charts, thermal profiles, segregation density profiles, and longitudinal joint density. 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. The maximum allowable time for the Contractor and Engineer to exchange test data is as given in Table 7 unless otherwise approved. The Engineer and the Contractor will immediately report to the other party any test result that requires suspension of production or placement, a payment adjustment less than 1.000, or that fails to meet the specification requirements. Record and electronically submit all test results and pertinent information on Department-provided templates. Subsequent sublots 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 Gradation1 Contractor Engineer 1 working day of completion of the sublot Asphalt binder content1 Laboratory-molded density2 Moisture content3 Boil test3 Gradation3 Engineer Contractor 1 working day of completion of the sublot Asphalt binder content3 Laboratory-molded density1 Hamburg Wheel test4 Boil test3 Binder tests4 In-place air voids2 Contractor Engineer 1 working day of completion of the lot Segregation1 Longitudinal joint density1 Thermal profile1 In-place air voids1 Engineer Contractor 1 working day after receiving the trimmed cores5 Segregation3 1 working day of completion of the lot Longitudinal joint density3 Thermal profile3 Aging ratio4 Payment adjustment summary Engineer Contractor 2 working days of performing all required tests and receiving Contractor test data 1. These tests are required on every sublot. 2. Optional test. When performed on split samples, report the results as soon as they become available. 3. To be performed at the frequency specified in Table 17 or as shown on the plans. 4. To be reported as soon as the results become available. 5. Two days are allowed if cores cannot be dried to constant weight within 1 day. The Engineer will use the Department-provided template to calculate all payment adjustment factors for the lot. Sublot samples may be discarded after the Engineer and Contractor sign off on the payment adjustment summary documentation for the lot. Use the procedures described in Tex-233-F to plot the results of all quality control (QC) and quality assurance (QA) testing. Update the control charts as soon as test results for each sublot become available. 3077 10 - 32 10-19 Statewide Make the control charts readily accessible at the field laboratory. The Engineer may suspend production for failure to update control charts. 4.3. Quality Control Plan (QCP). Develop and follow the QCP in detail. Obtain approval for changes to the QCP made during the project. The Engineer may suspend operations if the Contractor fails to comply with the QCP. Submit a written QCP before the mandatory pre-paving meeting. Receive approval of the QCP before beginning production. Include the following items in the QCP: 4.3.1. Project Personnel. For project personnel, include:  a list of individuals responsible for QC with authority to take corrective action;  current contact information for each individual listed; and  current copies of certification documents for individuals performing specified QC functions. 4.3.2. Material Delivery and Storage. For material delivery and storage, include:  the sequence of material processing, delivery, and minimum quantities to assure continuous plant operations;  aggregate stockpiling procedures to avoid contamination and segregation;  frequency, type, and timing of aggregate stockpile testing to assure conformance of material requirements before mixture production; and  procedure for monitoring the quality and variability of asphalt binder. 4.3.3. Production. For production, include:  loader operation procedures to avoid contamination in cold bins;  procedures for calibrating and controlling cold feeds;  procedures to eliminate debris or oversized material;  procedures for adding and verifying rates of each applicable mixture component (e.g., aggregate, asphalt binder, RAP, RAS, lime, liquid antistrip, WMA);  procedures for reporting job control test results; and  procedures to avoid segregation and drain-down in the silo. 4.3.4. Loading and Transporting. For loading and transporting, include:  type and application method for release agents; and  truck loading procedures to avoid segregation. 4.3.5. Placement and Compaction. For placement and compaction, include:  proposed agenda for mandatory pre-paving meeting, including date and location;  proposed paving plan (e.g., paving widths, joint offsets, and lift thicknesses);  type and application method for release agents in the paver and on rollers, shovels, lutes, and other utensils;  procedures for the transfer of mixture into the paver, while avoiding segregation and preventing material spillage;  process to balance production, delivery, paving, and compaction to achieve continuous placement operations and good ride quality;  paver operations (e.g., operation of wings, height of mixture in auger chamber) to avoid physical and thermal segregation and other surface irregularities; and  procedures to construct quality longitudinal and transverse joints. 3077 11 - 32 10-19 Statewide 4.4. Mixture Design. 4.4.1. Design Requirements. Use the SP design procedure provided in Tex-204-F, unless otherwise shown on the plans. Design the mixture to meet the requirements listed in Tables 1, 2, 3, 4, 5, 8, 9, 10, and 11. 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 10. The Ndesign level may be reduced to at least 35 gyrations at the Contractor’s discretion. Use an approved laboratory from the Department’s MPL to perform the Hamburg Wheel test 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. The aggregate gradation may pass below or through the reference zone shown in Table 9 unless otherwise shown on the plans. Design a mixture with a gradation that has stone-on-stone contact and passes below the reference zone shown in Table 9 when shown on the plans. Verify stone-on-stone contact using the method given in the SP design procedure in Tex-204-F, Part IV. 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 Ndesign level used;  results of all applicable tests;  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 2″ – – – 1-1/2″ 100.01 – – 1″ 98.0–100.0 100.01 – 3/4″ 90.0–100.0 98.0–100.0 100.01 1/2″ Note2 90.0–100.0 98.0–100.0 3/8″ – Note2 90.0–100.0 #4 23.0–90.0 28.0–90.0 32.0–90.0 #8 23.0–34.6 28.0–37.0 32.0–40.0 #16 2.0–28.3 2.0–31.6 2.0–37.6 #30 2.0–20.7 2.0–23.1 2.0–27.5 #50 2.0–13.7 2.0–15.5 2.0–18.7 #200 2.0–8.0 2.0–10.0 2.0–10.0 – 14.0 15.0 16.0 – 13.5 14.5 15.5 1. Defined as maximum sieve size. No tolerance allowed. 2. Must retain at least 10% cumulative. 3077 12 - 32 10-19 Statewide Table 9 Reference Zones (% Passing by Weight or Volume) 2″ – – – 1-1/2″ – – – 1″ – – – 3/4″ – – – 1/2″ – – – 3/8″ – – – #4 – – – #8 34.6–34.6 39.1–39.1 47.2–47.2 #16 22.3–28.3 25.6–31.6 31.6–37.6 #30 16.7–20.7 19.1–23.1 23.5–27.5 #50 13.7–13.7 15.5–15.5 18.7–18.7 #200 – – – Table 10 Laboratory Mixture Design Properties Mixture Property Test Method Requirement Target laboratory-molded density, % Tex-207-F 96.0 Design gyrations (Ndesign) Tex-241-F 501 Indirect tensile strength (dry), psi Tex-226-F 85–2002 Dust/asphalt binder ratio3 – 0.6–1.4 Boil test4 Tex-530-C – 1. Adjust within a range of 35–100 gyrations when shown on the plans or specification or mutually agreed between the Engineer and Contractor. 2. 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. 3. Defined as % passing #200 sieve divided by asphalt binder content. 4. Used to establish baseline for comparison to production results. May be waived when approved. Table 11 Hamburg Wheel Test Requirements 1 PG 64 or lower Tex-242-F 10,0002 PG 70 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 lower the Ndesign level to at least 35 gyrations. 2. May be decreased to at least 5,000 passes when shown on the plans. 3. May be decreased to at least 10,000 passes when shown on the plans. 4.4.2. Job-Mix Formula Approval. The job-mix formula (JMF) is the combined aggregate gradation, 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 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. The Engineer and the Contractor will verify JMF1 based on plant-produced mixture from the trial batch unless otherwise approved. The Engineer may accept an existing mixture design previously used on a Department project and may waive the trial batch to verify JMF1. The Department may require the Contractor to reimburse the Department for verification tests if more than two trial batches per design are required. 4.4.2.1. Contractor’s Responsibilities. 4.4.2.1.1. Providing Superpave Gyratory Compactor (SGC). Furnish an SGC calibrated in accordance with Tex-241-F for molding production samples. Locate the SGC at the Engineer’s field laboratory and make the SGC available to the Engineer for use in molding production samples. 3077 13 - 32 10-19 Statewide 4.4.2.1.2. Gyratory Compactor Correlation Factors. Use Tex-206-F, Part II, to perform a gyratory compactor correlation when the Engineer uses a different SGC. Apply the correlation factor to all subsequent production test results. 4.4.2.1.3. Submitting JMF1. 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 if opting to have the Department perform the Hamburg Wheel test on the laboratory mixture, and request that the Department perform the test. 4.4.2.1.4. Supplying Aggregates. Provide approximately 40 lb. of each aggregate stockpile unless otherwise directed. 4.4.2.1.5. Supplying Asphalt. Provide at least 1 gal. of the asphalt material and enough quantities of any additives proposed for use. 4.4.2.1.6. Ignition Oven Correction Factors. Determine the aggregate and asphalt correction factors from the ignition oven in accordance with Tex-236-F, Part II. Provide correction factors that are not more than 12 months old. Provide the Engineer with split samples of the mixtures before the trial batch production, including all additives (except water), and blank samples used to determine the correction factors for the ignition oven used for QA testing during production. Correction factors established from a previously approved mixture design may be used for the current mixture design if the mixture design and ignition oven are the same as previously used, unless otherwise directed. 4.4.2.1.7. Boil Test. Perform the test and retain the tested sample from Tex-530-C until completion of the project or as directed. Use this sample for comparison purposes during production. The Engineer may waive the requirement for the boil test. 4.4.2.1.8. Trial Batch Production. Provide a plant-produced trial batch upon receiving conditional approval of JMF1 and authorization to produce a trial batch, including the WMA additive or process if applicable, for verification testing of JMF1 and development of JMF2. Produce a trial batch mixture that meets the requirements in Table 4, Table 5, and Table 12. The Engineer may accept test results from recent production of the same mixture instead of a new trial batch. 4.4.2.1.9. Trial Batch Production Equipment. Use only equipment and materials proposed for use on the project to produce the trial batch. 4.4.2.1.10. Trial Batch Quantity. Produce enough quantity of the trial batch to ensure that the mixture meets the specification requirements. 4.4.2.1.11. Number of Trial Batches. Produce trial batches as necessary to obtain a mixture that meets the specification requirements. 4.4.2.1.12. Trial Batch Sampling. Obtain a representative sample of the trial batch and split it into 3 equal portions in accordance with Tex-222-F. Label these portions as “Contractor,” “Engineer,” and “Referee.” Deliver samples to the appropriate laboratory as directed. 4.4.2.1.13. Trial Batch Testing. Test the trial batch to ensure the mixture produced using the proposed JMF1 meets the mixture requirements in Table 12. Ensure the trial batch mixture is also in compliance with the Hamburg Wheel requirement in Table 11. Use a Department-approved laboratory to perform the Hamburg Wheel test on the trial batch mixture or 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 trial batch. Provide the Engineer with a copy of the trial batch test results. 4.4.2.1.14. Development of JMF2. Evaluate the trial batch test results after the Engineer grants full approval of JMF1 based on results from the trial batch, determine the optimum mixture proportions, and submit as JMF2. 3077 14 - 32 10-19 Statewide Adjust the asphalt binder content or gradation to achieve the specified target laboratory-molded density. The asphalt binder content established for JMF2 is not required to be within any tolerance of the optimum asphalt binder content established for JMF1; however, mixture produced using JMF2 must meet the voids in mineral aggregates (VMA) requirements for production shown in Table 8. If the optimum asphalt binder content for JMF2 is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 production to confirm the indirect tensile strength does not exceed 200 psi. Verify that JMF2 meets the mixture requirements in Table 4 and Table 5. 4.4.2.1.15. Mixture Production. Use JMF2 to produce Lot 1 as described in Section 3077.4.9.3.1.1., “Lot 1 Placement,” after receiving approval for JMF2 and a passing result from the Department’s or a Department -approved laboratory’s Hamburg Wheel test on the trial batch. If desired, proceed to Lot 1 production, once JMF2 is approved, at the Contractor’s risk without receiving the results from the Department’s Hamburg Wheel test on the trial batch. Notify the Engineer if electing to proceed without Hamburg Wheel test results from the trial b atch. Note that the Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor’s expense. 4.4.2.1.16. Development of JMF3. Evaluate the test results from Lot 1, determine the optimum mixture proportions, and submit as JMF3 for use in Lot 2. 4.4.2.1.17. JMF Adjustments. If JMF adjustments are necessary to achieve the specified requirements, make the adjustment before beginning a new lot. 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 JMF2 listed in Table 12. 4.4.2.1.18. Requesting Referee Testing. Use referee testing, if needed, in accordance with Section 3077.4.9.1., “Referee Testing,” to resolve testing differences with the Engineer. 3077 15 - 32 10-19 Statewide Table 12 Operational Tolerances 1 Individual % retained for #8 sieve and larger Tex-200-F or Tex-236-F Must be Within Master Grading Limits in Table 8 ±5.02,3 ±5.0 Individual % retained for sieves smaller than #8 and larger than #200 ±3.02,3 ±3.0 % passing the #200 sieve ±2.02,3 ±1.6 Asphalt binder content, % Tex-236-F ±0.5 ±0.33 ±0.3 Dust/asphalt binder ratio4 – Note 5 Note 5 N/A Laboratory-molded density, % Tex-207-F ±1.0 ±1.0 ±0.5 In-place air voids, % N/A N/A ±1.0 Laboratory-molded bulk specific gravity N/A N/A ±0.020 VMA, % min Tex-204-F Note 6 Note 6 N/A Theoretical maximum specific (Rice) gravity Tex-227-F N/A N/A ±0.020 1. Contractor may request referee testing only when values exceed these tolerances. 2. 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. 3. Only applies to mixture produced for Lot 1 and higher. 4. Defined as % passing #200 sieve divided by asphalt binder content. 5. Verify that Table 10 requirement is met. 6. Verify that Table 8 requirements are met. 4.4.2.2. Engineer’s Responsibilities. 4.4.2.2.1. Gyratory Compactor. The Engineer will use a Department SGC, calibrated in accordance with Tex-241-F, to mold samples for laboratory mixture design verification. For molding trial batch and production specimens, the Engineer will use the Contractor-provided SGC at the field laboratory or provide and use a Department SGC at an alternate location. The Engineer will make the Contractor-provided SGC in the Department field laboratory available to the Contractor for molding verification samples. 4.4.2.2.2. Conditional Approval of JMF1 and Authorizing Trial Batch . The Engineer will review and verify conformance of the following information within two working days of receipt:  the Contractor’s mix design report (JMF1);  the Contractor-provided Hamburg Wheel test results;  all required materials including aggregates, asphalt, additives, and recycled materials; and  the mixture specifications. The Engineer will grant the Contractor conditional approval of JMF1 if the information provided on the paper copy of JMF1 indicates that the Contractor’s mixture design meets the specifications. When the Contractor does not provide Hamburg Wheel test results with laboratory mixture design, 10 working days are allowed for conditional approval of JMF1. The Engineer will base full approval of JMF1 on the test results on mixture from the trial batch. Unless waived, the Engineer will determine the Micro-Deval abrasion loss in accordance with Section 3077.2.1.1.2., “Micro-Deval Abrasion.” If the Engineer’s test results are pending after two working days, conditional approval of JMF1 will still be granted within 2 working days of receiving JMF1. When the Engineer’s test results become available, they will be used for specification compliance. After conditionally approving JMF1, including either Contractor- or Department-supplied Hamburg Wheel test results, the Contractor is authorized to produce a trial batch. 3077 16 - 32 10-19 Statewide 4.4.2.2.3. Hamburg Wheel Testing of JMF1. If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the laboratory mixture, the Engineer will mold samples in accordance with Tex-242-F to verify compliance with the Hamburg Wheel test requirement in Table 11. 4.4.2.2.4. Ignition Oven Correction Factors. The Engineer will use the split samples provided by the Contractor to determine the aggregate and asphalt correction factors for the ignition oven used for QA testing during production in accordance with Tex-236-F, Part II. Provide correction factors that are not more than 12 months old. 4.4.2.2.5. Testing the Trial Batch. Within 1 full working day, the Engineer will sample and test the trial batch to ensure that the mixture meets the requirements in Table 12. If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the trial batch mixture, the Engineer will mold samples in accordance with Tex-242-F to verify compliance with the Hamburg Wheel test requirement in Table 11. The Engineer will have the option to perform the following tests on the trial batch:  Tex-226-F, to verify that the indirect tensile strength meets the requirement shown in Table 10; and  Tex-530-C, to retain and use for comparison purposes during production. 4.4.2.2.6. Full Approval of JMF1. The Engineer will grant full approval of JMF1 and authorize the Contractor to proceed with developing JMF2 if the Engineer’s results for the trial batch meet the requirements in Table 12. The Engineer will notify the Contractor that an additional trial batch is required if the trial batch does not meet these requirements. 4.4.2.2.7. Approval of JMF2. The Engineer will approve JMF2 within one working day if the mixture meets the requirements in Table 5 and the gradation meets the master grading limits shown in Table 8. The asphalt binder content established for JMF2 is not required to be within any tolerance of the optimum asphalt binder content established for JMF1; however, mixture produced using JMF2 must meet the VMA requirements shown in Table 8. If the optimum asphalt binder content for JMF2 is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 production to confirm the indirect tensile strength does not exceed 200 psi. 4.4.2.2.8. Approval of Lot 1 Production. The Engineer will authorize the Contractor to proceed with Lot 1 production (using JMF2) as soon as a passing result is achieved from the Department’s or a Department-approved laboratory’s Hamburg Wheel test on the trial batch. The Contractor may proceed at its own risk with Lot 1 production without the results from the Hamburg Wheel test on the trial batch. If the Department’s or Department-approved laboratory’s sample from the trial batch fails the Hamburg Wheel test, the Engineer will suspend production until further Hamburg Wheel tests meet the specified values. The Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test be removed and replaced at the Contractor’s expense. 4.4.2.2.9. Approval of JMF3 and Subsequent JMF Changes. JMF3 and subsequent JMF changes are approved if they meet the mixture requirements shown in Table 4, Table 5, and the master grading limits shown in Table 8, and are within the operational tolerances of JMF2 shown in Table 12. 4.5. 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 mixtur e design report; or  RAS stockpile used in the mix is more than 2.0% higher than the value shown on the mixture design report. 3077 17 - 32 10-19 Statewide 4.5.1. 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 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. 4.5.2. 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 the maximum production temperatures listed in Table 13 (or 275°F for WMA). The Department will not pay for or allow placement of any mixture produced above the maximum production temperatures listed in Table 13. Table 13 Maximum Production Temperature 1 PG 64 325˚F PG 70 335˚F PG 76 345˚F 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 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. Determine the moisture content, if requested, 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. Obtain the sample immediately after discharging the mixture into the truck, and perform the test promptly. 4.6. 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 3077.4.7.3.3., “Hauling Equipment.” Use other hauling equipment only when allowed. 4.7. 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, when a thermal imaging system is not used, 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. 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 and are not placed in the wheel path, or as directed. Ensure that all finished surfaces will drain properly. Place the 3077 18 - 32 10-19 Statewide mixture at the rate or thickness shown on the plans. The Engineer will use the guidelines in Table 14 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. Table 14 Compacted Lift Thickness and Required Core Height SP-B 2.50 4.0 2.00 SP-C 2.00 3.0 1.25 SP-D 1.25 2.0 1.25 4.7.1. Weather Conditions. 4.7.1.1. When Using a Thermal Imaging System. Place mixture when the roadway is dry and the roadway surface temperature is at or above the temperatures listed in Table 15A.The Engineer may restrict the Contractor from paving surface mixtures if the ambient temperature is likely to drop below 32°F within 12 hr. of paving. Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable as determined by the Engineer. Provide output data from the thermal imaging system to demonstrate to the Engineer that no recurring severe thermal segregation exists in accordance with Section 3077.4.7.3.1.2., “Thermal Imaging System.” Table 15A Minimum Pavement Surface Temperatures 1 PG 64 35 40 PG 70 452 502 PG 76 452 502 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Contractors may pave at temperatures 10°F lower than these values when a chemical WMA additive is used as a compaction aid in the mixture or when using WMA. 4.7.1.2. When Not Using a Thermal Imaging System. When using a thermal camera instead of the thermal imaging system, place mixture when the roadway surface temperature is at or above the temperatures listed in Table 15B unless otherwise approved or as shown on the plans. 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 li kely to drop below 32°F within 12 hr. of paving. 3077 19 - 32 10-19 Statewide Table 15B Minimum Pavement Surface Temperatures 1 PG 64 45 50 PG 70 552 602 PG 76 602 602 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Contractors may pave at temperatures 10°F lower than these values when a chemical WMA additive is used as a compaction aid in the mixture, when using WMA, or utilizing a paving process with equipment that eliminates thermal segregation. In such cases, for each sublot and in the presence of the Engineer, use a hand-held thermal camera operated in accordance with Tex-244-F to demonstrate to the satisfaction of the Engineer that the uncompacted mat has no more than 10°F of thermal segregation. 4.7.2. Tack Coat. 4.7.2.1. 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 that 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. 4.7.2.2. 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 notify the Contractor when the sampling will occur and will witness the collection of 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.” 4.7.3. Lay-Down Operations. Use the placement temperatures in Table 16 to establish the minimum placement temperature of mixture delivered to the paver. Table 16 Minimum Mixture Placement Temperature 1 2,3 PG 64 260˚F PG 70 270˚F PG 76 280˚F 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Minimum placement temperatures may be reduced 10°F if using a chemical WMA additive as a compaction aid. 3. When using WMA, the minimum placement temperature is 215°F. 4.7.3.1. Thermal Profile. Use a hand-held thermal camera or a thermal imaging system to obtain a continuous thermal profile in accordance with Tex-244-F. Thermal profiles are not applicable in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” 4.7.3.1.1. Thermal Segregation. 3077 20 - 32 10-19 Statewide 4.7.3.1.1.1. Moderate. Any areas that have a temperature differential greater than 25°F, but not exceeding 50°F, are deemed as moderate thermal segregation. 4.7.3.1.1.2. Severe. Any areas that have a temperature differential greater than 50°F are deemed as severe thermal segregation. 4.7.3.1.2. Thermal Imaging System. Review the output results when a thermal imaging system is used, and provide the automated report described in Tex-244-F to the Engineer daily unless otherwise directed. Modify the paving process as necessary to eliminate any recurring (moderate or severe) thermal segregation identified by the thermal imaging system. The Engineer may suspend paving operations if the Contractor cannot successfully modify the paving process to eliminate recurring severe thermal segregation. Density profiles are not required and not applicable when using a thermal imaging system. Provide the Engineer with electronic copies of all daily data files that can be used with the thermal imaging system software to generate temperature profile plots daily or upon completion of the project or as requested by the Engineer. 4.7.3.1.3. Thermal Camera. When using a thermal camera instead of the thermal imaging system, take immediate corrective action to eliminate recurring moderate thermal segregation when a hand-held thermal camera is used. Evaluate areas with moderate thermal segregation by performing density profiles in accordance with Section 3077.4.9.3.3.2., “Segregation (Density Profile).” Provide the Engineer with the thermal profile of every sublot within one working day of the completion of each lot. When requested by the Engineer, provide the thermal images generated using the thermal camera. Report the results of each thermal profile in accordance with Section 3077.4.2., “Reporting and Responsibilities.” The Engineer will use a hand-held thermal camera to obtain a thermal profile at least once per project. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains severe thermal segregation. Suspend operations and take immediate corrective action to eliminate severe thermal segregation unless otherwise directed. Resume operations when the Engineer determines that subsequent production will meet the requirements of this Section. Evaluate areas with severe thermal segregation by performing density profiles in accordance with Section 3077.4.9.3.3.2., “Segregation (Density Profile).” Remove and replace the material in any areas that have both severe thermal segregation and a failing result for Segregation (Density Profile) unless otherwise directed. The sublot in question may receive a production and placement payment adjustment greater than 1.000, if applicable, when the defective material is successfully removed and replaced. 4.7.3.2. 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. 4.7.3.3. 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 or when a thermal imaging system is used unless otherwise allowed. 4.7.3.4. Screed Heaters. Turn off screed heaters to prevent overheating of the mat if the paver stops for more than 5 min. The Engineer may evaluate the suspect area in accordance with Section 3077.4.9.3.3.4., “Recovered Asphalt Dynamic Shear Rheometer (DSR),” if the screed heater remains on for more than 5 min. while the paver is stopped. 4.8. Compaction. Compact the pavement uniformly to contain between 3.7% and 7.5% in-place air voids. Take immediate corrective action to bring the operation within 3.7% and 7.5% when the in-place air voids exceed the range of these tolerances. The Engineer will allow paving to resume when the proposed corrective a ction is likely to yield between 3.7% and 7.5% in-place air voids. Obtain cores in areas placed under Exempt Production, as directed, at locations determined by the Engineer. The Engineer may test these cores and suspend operations or require removal and replacement if the in- place air voids are less than 2.7% or more than 9.0%. Areas defined in Section 3077.4.9.3.1.4., “Miscellaneous Areas,” are not subject to in-place air void determination. 3077 21 - 32 10-19 Statewide Furnish the type, size, and number of rollers required for compaction as approved. 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. 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. 4.9. Acceptance Plan. Payment adjustments for the material will be in accordance with Article 3077.6., “Payment.” Sample and test the hot-mix on a lot and sublot basis. Suspend production until test results or other information indicates to the satisfaction of the Engineer that the next material produced or placed will result in pay factors of at least 1.000 if the production pay factor given in Section 3077.6.1., “Production Payment Adjustment Factors,” for two consecutive lots or the placement pay factor given in Section 3077.6.2., “Placement Payment Adjustment Factors,” for two consecutive lots is below 1.000. 4.9.1. Referee Testing. The Materials and Tests Division is the referee laboratory. The Contractor may request referee testing if a “remove and replace” condition is determined based on the Engineer’s test results, or if the differences between Contractor and Engineer test results exceed the maximum allowable difference shown in Table 12 and the differences cannot be resolved. The Contractor may also request referee testing if the Engineer’s test results require suspension of production and the Contractor’s test results are within specification limits. Make the request within 5 working days after receiving test results and cores from the Engineer. Referee tests will be performed only on the sublot in question and only for the particular tests in question. Allow 10 working days from the time the referee laboratory receives the samples for test results to be reported. The Department may require the Contractor to reimburse the Department for referee tests if more than three referee tests per project are required and the Engineer’s test results are closer to the referee test results than the Contractor’s test results. The Materials and Tests Division will determine the laboratory-molded density based on the molded specific gravity and the maximum theoretical specific gravity of the referee sample. The in-place air voids will be determined based on the bulk specific gravity of the cores, as determined by the referee laboratory and the Engineer’s average maximum theoretical specific gravity for the lot. With the exception of “remove and replace” conditions, referee test results are final and will establish payment adjustment factors for the sublot in question. The Contractor may decline referee testing and accept the Engineer’s test results when the placement payment adjustment factor for any sublot results in a “remove and replace” condition. Placement sublots subject to be removed and replaced will be further evaluated in accordance with Section 3077.6.2.2., “Placement Sublots Subject to Removal and Replacement.” 4.9.2. Production Acceptance. 4.9.2.1. Production Lot. A production lot consists of four equal sublots. The default quantity for Lot 1 is 1,000 tons; however, when requested by the Contractor, the Engineer may increase the quantity for Lot 1 to no more than 4,000 tons. The Engineer will select subsequent lot sizes based on the anticipated daily production such 3077 22 - 32 10-19 Statewide that approximately three to four sublots are produced each day. The lot size will be between 1,000 tons and 4,000 tons. The Engineer may change the lot size before the Contractor begins any lot. If the optimum asphalt binder content for JMF2 is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 to confirm the indirect tensile strength does not exceed 200 psi. Take corrective action to bring the mixture within specification compliance if the indirect tensile strength exceeds 200 psi unless otherwise directed. 4.9.2.1.1. Incomplete Production Lots. If a lot is begun but cannot be completed, such as on the last day of production or in other circumstances deemed appropriate, the Engineer may close the lot. Adjust the payment for the incomplete lot in accordance with Section 3077.6.1., “Production Payment Adjustment Factors.” Close all lots within five working days unless otherwise allowed. 4.9.2.2. Production Sampling. 4.9.2.2.1. Mixture Sampling. Obtain hot-mix samples from trucks at the plant in accordance with Tex-222-F. The sampler will split each sample into three equal portions in accordance with Tex-200-F and label these portions as “Contractor,” “Engineer,” and “Referee.” The Engineer will perform or witness the sample splitting and take immediate possession of the samples labeled “Engineer” and “Referee.” The Engineer will maintain the custody of the samples labeled “Engineer” and “Referee” until the Department’s testing is completed. 4.9.2.2.1.1. Random Sample. At the beginning of the project, the Engineer will select random numbers for all production sublots. Determine sample locations in accordance with Tex-225-F. Take one sample for each sublot at the randomly selected location. The Engineer will perform or witness the sampling of production sublots. 4.9.2.2.1.2. Blind Sample. For one sublot per lot, the Engineer will obtain and test a “blind” sample instead of the random sample collected by the Contractor. Test either the “blind” or the random sample; however, referee testing (if applicable) will be based on a comparison of results from the “blind” sample. The location of the Engineer’s “blind” sample will not be disclosed to the Contractor. The Engineer’s “blind” sample may be randomly selected in accordance with Tex-225-F for any sublot or selected at the discretion of the Engineer. The Engineer will use the Contractor’s split sample for sublots not sampled by the Engineer. 4.9.2.2.2. Informational Shear Bond Strength Testing. Select one random sublot from Lot 2 or higher for shear bond strength testing. Obtain full depth cores in accordance with Tex-249-F. Label the cores with the Control Section Job (CSJ), producer of the tack coat, mix type, shot rate, lot, and sublot number and provide to the Engineer. The Engineer will ship the cores to the Materials and Tests Division or district laboratory for shear bond strength testing. Results from these tests will not be used for specification compliance. 4.9.2.2.3. Asphalt Binder Sampling. Obtain a 1-qt. sample of the asphalt binder witnessed by the Engineer for each lot of mixture produced. The Contractor will notify the Engineer when the sampling will occur. Obtain the sample at approximately the same time the mixture random sample is obtained. Sample from a port located immediately upstream from the mixing drum or pug mill and upstream from the introduction of any additives in accordance with Tex-500-C, Part II. Label the can with the corresponding lot and sublot numbers, producer, producer facility location, grade, district, date sampled, and project information including highway and CSJ. The Engineer will retain these samples for one year. The Engineer may also obtain independent samples. If obtaining an independent asphalt binder sample and upon request of the Contractor, the Engineer will split a sample of the asphalt binder with the Contractor. At least once per project, the Engineer will collect split samples of each binder grade and source used. The Engineer will submit one split sample to MTD to verify compliance with Item 300, “Asphalts, Oils, and Emulsions” and will retain the other split sample for one year. 4.9.2.3. Production Testing. The Contractor and Engineer must perform production tests in accordance with Table 17. The Contractor has the option to verify the Engineer’s test results on split samples provided by the Engineer. Determine compliance with operational tolerances listed in Table 12 for all sublots. 3077 23 - 32 10-19 Statewide Take immediate corrective action if the Engineer’s laboratory-molded density on any sublot is less than 95.0% or greater than 97.0% 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 allow alternate methods for determining the asphalt binder content and aggregate gradation if the aggregate mineralogy is such that Tex-236-F, Part I does not yield reliable results. Provide evidence that results from Tex-236-F, Part I are not reliable before requesting permission to use an alternate method unless otherwise directed. Use the applicable test procedure as directed if an alternate test method is allowed. Table 17 Production and Placement Testing Frequency Individual % retained for #8 sieve and larger Tex-200-F or Tex-236-F 1 per sublot 1 per 12 sublots1 Individual % retained for sieves smaller than #8 and larger than #200 % passing the #200 sieve Laboratory-molded density Tex-207-F N/A 1 per sublot1 Laboratory-molded bulk specific gravity In-place air voids VMA Tex-204-F Segregation (density profile) Tex-207-F, Part V 1 per sublot2 1 per project Longitudinal joint density Tex-207-F, Part VII Moisture content Tex-212-F, Part II When directed Theoretical maximum specific (Rice) gravity Tex-227-F N/A 1 per sublot1 Asphalt binder content Tex-236-F 1 per sublot 1 per lot1 Hamburg Wheel test Tex-242-F N/A 1 per project Recycled Asphalt Shingles (RAS)3 Tex-217-F, Part III N/A Thermal profile Tex-244-F 1 per sublot2 Asphalt binder sampling and testing Tex-500-C, Part II 1 per lot (sample only)4 Tack coat sampling and testing Tex-500-C, Part III N/A Boil test5 Tex-530-C 1 per lot Shear Bond Strength Test6 Tex-249-F 1 per project (sample only) 1. For production defined in Section 3077.4.9.4., “Exempt Production,” the Engineer will test one per day if 100 tons or more are produced. For Exempt Production, no testing is required when less than 100 tons are produced. 2. To be performed in the presence of the Engineer, unless otherwise approved. Not required when a thermal imaging system is used. 3. Testing performed by the Materials and Tests Division or designated laboratory. 4. Obtain samples witnessed by the Engineer. The Engineer will retain these samples for one year. 5. The Engineer may reduce or waive the sampling and testing requirements based on a satisfactory test history. 6. Testing performed by the Materials and Tests Division or District for informational purposes only. 4.9.2.4. Operational Tolerances. Control the production process within the operational tolerances listed in Table 12. When production is suspended, the Engineer will allow production to resume when test results or other information indicates the next mixture produced will be within the operational tolerances. 4.9.2.4.1. Gradation. Suspend operation and take corrective action if any aggregate is retained on the maximum sieve size shown in Table 8. A sublot is defined as out of tolerance if either the Engineer’s or the Contractor’s test results are out of operational tolerance. Suspend production when test results for gradation exceed the operational tolerances in Table 12 for three consecutive sublots on the same sieve or four consecutive sublots on any sieve unless otherwise directed. The consecutive sublots may be from more than one lot. 4.9.2.4.2. Asphalt Binder Content. A sublot is defined as out of operational tolerance if either the Engineer’s or the Contractor’s test results exceed the values listed in Table 12. No production or placement payment 3077 24 - 32 10-19 Statewide adjustments greater than 1.000 will be paid for any sublot that is out of operational tolerance for asphalt binder content. Suspend production and shipment of the mixture if the Engineer’s or the Contractor’s asphalt binder content deviates from the current JMF by more than 0.5% for any sublot. 4.9.2.4.3. Voids in Mineral Aggregates (VMA). The Engineer will determine the VMA for every sublot. For sublots when the Engineer does not determine asphalt binder content, the Engineer will use the asphalt binder content results from QC testing performed by the Contractor to determine VMA. Take immediate corrective action if the VMA value for any sublot 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 results on two consecutive sublots are below the minimum VMA requirement for production listed in Table 8. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that does not meet the minimum VMA requirement for production listed in Table 8 based on the Engineer’s VMA determination. 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 sublot to be left in place without payment. 4.9.2.4.4. 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 11. 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 sublot 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 Materials and Tests Division will perform the Hamburg Wheel tests and determine the final disposition of the material in question based on the Department’s test results. 4.9.2.5. 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 12, payment will be made for the load. If test results are not within operational tolerances, no payment will be made for the load. 4.9.3. Placement Acceptance. 4.9.3.1. Placement Lot. A placement lot consists of four placement sublots. A placement sublot consists of the area placed during a production sublot. 4.9.3.1.1. Lot 1 Placement. Placement payment adjustments greater than 1.000 for Lot 1 will be in accordance with Section 3077.6.2., “Placement Payment Adjustment Factors;” however, no placement adjustment less than 1.000 will be assessed for any sublot placed in Lot 1 when the in-place air voids are greater than or equal to 2.7% and less than or equal to 9.0%. Remove and replace any sublot with in-place air voids less than 2.7% or greater than 9.0%. 4.9.3.1.2. Incomplete Placement Lots. An incomplete placement lot consists of the area placed as described in Section 3077.4.9.2.1.1., “Incomplete Production Lot,” excluding areas defined in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” Placement sampling is required if the random sample plan for production resulted in a sample being obtained from an incomplete production sublot. 3077 25 - 32 10-19 Statewide 4.9.3.1.3. Shoulders, Ramps, Etc. Shoulders, ramps, intersections, acceleration lanes, deceleration lanes, and turn lanes are subject to in-place air void determination and payment adjustments unless designated on the plans as not eligible for in-place air void determination. Intersections may be considered miscellaneous areas when determined by the Engineer. 4.9.3.1.4. 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. Temporary detours are subject to in-place air void determination when shown on the plans. 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 14. 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. When “level up” is listed as part of the item bid description code, a payment adjustment factor of 1.000 will be assigned for all placement sublots as described in Article3077.6, “Payment.” Miscellaneous areas are not eligible for random placement sampling locations. Compact miscellaneous areas in accordance with Section 3077.4.8., “Compaction.” Miscellaneous areas are not subject to in-place air void determination, thermal profiles testing, segregation (density profiles), or longitudinal joint density evaluations. 4.9.3.2. Placement Sampling. The Engineer will select random numbers for all placement sublots at the beginning of the project. The Engineer will provide the Contractor with the placement random numbers immediately after the sublot is completed. Mark the roadway location at the completion of each sublot and record the station number. Determine one random sample location for each placement sublot in accordance with Tex-225-F. Adjust the random sample location by no more than necessary to achieve a 2-ft. clearance if the location is within 2 ft. of a joint or pavement edge. Shoulders, ramps, intersections, acceleration lanes, deceleration lanes, and turn lanes are always eligible for selection as a random sample location; however, if a random sample location falls on one of these areas and the area is designated on the plans as not subject to in-place air void determination, cores will not be taken for the sublot and a 1.000 pay factor will be assigned to that sublot. 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 sublot is completed unless otherwise approved. Obtain two 6-in. diameter cores side-by-side from within 1 ft. of the random location provided for the placement sublot. For SP-C and SP-D 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-251-F if the core heights meet the minimum untrimmed value listed in Table 14. Trim the cores on-site in the presence of the Engineer. Use a permanent marker or paint pen to record the lot and sublot numbers 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 witnessing the trimming of the coresand 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. 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. 3077 26 - 32 10-19 Statewide Decide whether to include the pair of cores in the air void determination for that sublot if the core height before trimming is less than the minimum untrimmed value shown in Table 14. Trim the cores as described above before delivering to the Engineer if electing to have the cores included in the air void determination. Deliver untrimmed cores to the Engineer and inform the Engineer of the decision to not have the cores included in air void determination if electing to not have the cores included in air void determination. The placement pay factor for the sublot will be 1.000 if cores will not be included in air void determination. 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. 4.9.3.3. Placement Testing. Perform placement tests in accordance with Table 17. After the Engineer returns the cores, the Contractor may test the cores to verify the Engineer’s test results for in-place air voids. The allowable differences between the Contractor’s and Engineer’s test results are listed in Table 12. 4.9.3.3.1. In-Place Air Voids. The Engineer will measure in-place air voids in accordance with Tex-207-F and Tex-227-F. Before drying to a constant weight, cores may be pre-dried using a CoreDry or similar vacuum device to remove excess moisture. The Engineer will average the values obtained for all sublots in the production lot to determine the theoretical maximum specific gravity. The Engineer will use the average air void content for in-place air voids. 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 to determine the placement payment adjustment factor 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. 4.9.3.3.2. Segregation (Density Profile). Test for segregation using density profiles in accordance with Tex-207-F, Part V when using a thermal camera instead of the thermal imaging system. Density profiles are not required and are not applicable when using a thermal imaging system. Density profiles are not applicable in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” Perform a minimum of one density profile per sublot. Perform additional density profiles when any of the following conditions occur, unless otherwise approved:  the paver stops due to lack of material being delivered to the paving operations and the temperature of the uncompacted mat before the initial break down rolling is less than the temperatures shown in Table 18;  areas that are identified by either the Contractor or the Engineer with thermal segregation;  any visibly segregated areas that exist. 3077 27 - 32 10-19 Statewide Table 18 Minimum Uncompacted Mat Temperature Requiring a Segregation Profile 1 2,3,4 PG 64 <250˚F PG 70 <260˚F PG 76 <270˚F 1. The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Segregation profiles are required in areas with moderate and severe thermal segregation as described in Section 3077.4.7.3.1.3. 3. Minimum uncompacted mat temperature requiring a segregation profile may be reduced 10°F if using a chemical WMA additive as a compaction aid. 4. When using WMA, the minimum uncompacted mat temperature requiring a segregation profile is 215°F. Provide the Engineer with the density profile of every sublot in the lot within one working day of the completion of each lot. Report the results of each density profile in accordance with Section 3077.4.2., “Reporting and Responsibilities.” The density profile is considered failing if it exceeds the tolerances in Table 19. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains a failing density profile. When a hand-held thermal camera is used instead of a thermal imaging system, the Engineer will measure the density profile at least once per project. The Engineer’s density profile results will be used when available. The Engineer may require the Contractor to remove and replace the area in question if the area fails the density profile and has surface irregularities as defined in Section 3077.4.9.3.3.5., “Irregularities.” The sublot in question may receive a production and placement payment adjustment greater than 1.000, if applicable, when the defective material is successfully removed and replaced. Investigate density profile failures and take corrective actions during production and placement to eliminate the segregation. Suspend production if two consecutive density profiles fail unless otherwise approved. Resume production after the Engineer approves changes to production or placement methods. Table 19 Segregation (Density Profile) Acceptance Criteria SP-B 8.0 pcf 5.0 pcf SP-C & SP-D 6.0 pcf 3.0 pcf 4.9.3.3.3. Longitudinal Joint Density. 4.9.3.3.3.1. Informational Tests. Perform joint density evaluations while establishing the rolling pattern and verify that the joint density is no more than 3.0 pcf below the density taken at or near the center of the mat. Adjust the rolling pattern, if needed, to achieve the desired joint density. Perform additional joint density evaluations at least once per sublot unless otherwise directed. 4.9.3.3.3.2. Record Tests. Perform a joint density evaluation for each sublot at each pavement edge that is or will become a longitudinal joint. Joint density evaluations are not applicable in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” Determine the joint density in accordance with Tex-207-F, Part VII. Record the joint density information and submit results on Department forms to the Engineer. The evaluation is considered failing if the joint density is more than 3.0 pcf below the density taken at the core random sample location and the correlated joint density is less than 90.0%. The Engineer will make independent joint density verification at least once per project and may make independent joint density 3077 28 - 32 10-19 Statewide verifications at the random sample locations. The Engineer’s joint density test results will be used when available. Provide the Engineer with the joint density of every sublot in the lot within one working day of the completion of each lot. Report the results of each joint density in accordance with Section 3077.4.2., “Reporting and Responsibilities.” Investigate joint density failures and take corrective actions during production and placement to improve the joint density. Suspend production if the evaluations on two consecutive sublots fail unless otherwise approved. Resume production after the Engineer approves changes to production or placement methods. 4.9.3.3.4. Recovered Asphalt Dynamic Shear Rheometer (DSR). The Engineer may take production samples or cores from suspect areas of the project to determine recovered asphalt properties. Asphalt binders with an aging ratio greater than 3.5 do not meet the requirements for recovered asphalt properties and may be deemed defective when tested and evaluated by the Materials and Tests Division. The aging ratio is the DSR value of the extracted binder divided by the DSR value of the original unaged binder. Obtain DSR values in accordance with AASHTO T 315 at the specified high temperature performance grade of the asphalt. The Engineer may require removal and replacement of the defective material at the Contractor’s expense. The asphalt binder will be recovered for testing from production samples or cores in accordance with Tex-211-F. 4.9.3.3.5. 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. The Engineer may also require the Contractor to remove and replace (at the Contractor’s expense) areas where the mixture does not bond to the existing pavement. If irregularities are detected, the Engineer may require the Contractor to immediately suspend operation s or may allow the Contractor to continue operations for no more than one day while the Contractor is taking appropriate corrective action. 4.9.4. Exempt Production. The Engineer may deem the mixture as exempt production for the following conditions:  anticipated daily production is less than 500 tons;  total production for the project is less than 5,000 tons;  when mutually agreed between the Engineer and the Contractor; or  when shown on the plans. For exempt production, the Contractor is relieved of all production and placement QC/QA sampling and testing requirements, except for coring operations when required by the Engineer. The production and placement pay factors are 1.000 if the specification requirements listed below are met, all other specification requirements are met, and the Engineer performs acceptance tests for production and placement listed in Table 17 when 100 tons or more per day are produced:  produce, haul, place, and compact the mixture in compliance with the specification and as directed;  control mixture production to yield a laboratory-molded density that is within ±1.0% of the target laboratory-molded density as tested by the Engineer;  compact the mixture in accordance with Section 3077.4.8., “Compaction”; and  when a thermal imaging system is not used, the Engineer may perform segregation (density profiles) and thermal profiles in accordance with the specification. 4.9.5. Ride Quality. Measure ride quality in accordance with Item 585, “Ride Quality for Pavement Surfaces,” unless otherwise shown on the plans. 3077 29 - 32 10-19 Statewide 5. MEASUREMENT 5.1. Superpave Mixtures. 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 measure by the gallon applied. The Engineer may allow the use of a metering device to determine the asphalt volume used and application rate if the device is accurate within 1.5% of the strapped volume. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under Article 3077.5.1, “Measurement,” will be paid for at the unit bid price for “Superpave Mixtures” of the mixture type, SAC, and binder specified. These prices are full compensation for surface preparation, materials, placement, equipment, labor, tools, and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under Article 3077.5.2, “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. Payment adjustments will be applied as determined in this Item; however, a payment adjustment factor of 1.000 will be assigned for all placement sublots for “level ups” only when “level up” is listed as part of the item bid description code. A payment adjustment factor of 1.000 will be assigned to all production and placement sublots when “exempt” is listed as part of the item bid description code, and all testing requirements are met. Payment for each sublot, including applicable payment adjustments greater than 1.000, will only be paid for sublots when the Contractor supplies the Engineer with the required documentation for production and placement QC/QA, thermal profiles, segregation density profiles, and longitudinal joint densities in accordance with Section 3077.4.2., “Reporting and Responsibilities.” When a thermal imaging system is used, documentation is not required for thermal profiles or segregation density profiles on individual sublots; however, the thermal imaging system automated reports described in Tex-244-F are required. Trial batches will not be paid for unless they are included in pavement work approved by the Department. Payment adjustment for ride quality will be determined in accordance with Item 585, “Ride Quality for Pavement Surfaces.” 6.1. Production Payment Adjustment Factors. The production payment adjustment factor is based on the laboratory-molded density using the Engineer’s test results. The bulk specific gravities of the samples from each sublot will be divided by the Engineer’s maximum theoretical specific gravity for the sublot. The individual sample densities for the sublot will be averaged to determine the production payment adjustment factor in accordance with Table 20 for each sublot using the deviation from the target laboratory-molded density defined in Table 10. The production payment adjustment factor for completed lots will be the average of the payment adjustment factors for the four sublots sampled within that lot. 3077 30 - 32 10-19 Statewide Table 20 Production Payment Adjustment Factors for Laboratory-Molded Density1 0.0 1.075 0.1 1.075 0.2 1.075 0.3 1.066 0.4 1.057 0.5 1.047 0.6 1.038 0.7 1.029 0.8 1.019 0.9 1.010 1.0 1.000 1.1 0.900 1.2 0.800 1.3 0.700 > 1.3 Remove and replace 1. If the Engineer’s laboratory-molded density on any sublot is less than 95.0% or greater than 97.0%, take immediate corrective action 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. 6.1.1. Payment for Incomplete Production Lots. Production payment adjustments for incomplete lots, described under Section 3077.4.9.2.1.1., “Incomplete Production Lots,” will be calculated using the average production pay factors from all sublots sampled. A production payment factor of 1.000 will be assigned to any lot when the random sampling plan did not result in collection of any samples within the first sublot. 6.1.2. Production Sublots Subject to Removal and Replacement . If after referee testing, the laboratory-molded density for any sublot results in a “remove and replace” condition as listed in Table 20, the Engineer may require removal and replacement or may allow the sublot to be left in place without payment. The Engineer may also accept the sublot in accordance with Section 3077.5.3.1., “Acceptance of Defective or Unauthorized Work.” Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. 6.2. Placement Payment Adjustment Factors. The placement payment adjustment factor is based on in-place air voids using the Engineer’s test results. The bulk specific gravities of the cores from each sublot will be divided by the Engineer’s average maximum theoretical specific gravity for the lot. The individual core densities for the sublot will be averaged to determine the placement payment adjustment factor in accordance with Table 21 for each sublot that requires in-place air void measurement. A placement payment adjustment factor of 1.000 will be assigned to the entire sublot when the random sample location falls in an area designated on the plans as not subject to in-place air void determination. A placement payment adjustment factor of 1.000 will be assigned to quantities placed in areas described in Section 3077.4.9.3.1.4., “Miscellaneous Areas.” The placement payment adjustment factor for completed lots will be the average of the placement payment adjustment factors for up to four sublots within that lot. 3077 31 - 32 10-19 Statewide Table 21 Placement Payment Adjustment Factors for In-Place Air Voids < 2.7 Remove and Replace 5.9 1.048 2.7 0.710 6.0 1.045 2.8 0.740 6.1 1.042 2.9 0.770 6.2 1.039 3.0 0.800 6.3 1.036 3.1 0.830 6.4 1.033 3.2 0.860 6.5 1.030 3.3 0.890 6.6 1.027 3.4 0.920 6.7 1.024 3.5 0.950 6.8 1.021 3.6 0.980 6.9 1.018 3.7 1.000 7.0 1.015 3.8 1.015 7.1 1.012 3.9 1.030 7.2 1.009 4.0 1.045 7.3 1.006 4.1 1.060 7.4 1.003 4.2 1.075 7.5 1.000 4.3 1.075 7.6 0.980 4.4 1.075 7.7 0.960 4.5 1.075 7.8 0.940 4.6 1.075 7.9 0.920 4.7 1.075 8.0 0.900 4.8 1.075 8.1 0.880 4.9 1.075 8.2 0.860 5.0 1.075 8.3 0.840 5.1 1.072 8.4 0.820 5.2 1.069 8.5 0.800 5.3 1.066 8.6 0.780 5.4 1.063 8.7 0.760 5.5 1.060 8.8 0.740 5.6 1.057 8.9 0.720 5.7 1.054 9.0 0.700 5.8 1.051 > 9.0 Remove and Replace 6.2.1. Payment for Incomplete Placement Lots. Payment adjustments for incomplete placement lots described under Section 3077.4.9.3.1.2., “Incomplete Placement Lots,” will be calculated using the average of the placement pay factors from all sublots sampled and sublots where the random location falls in an area designated on the plans as not eligible for in-place air void determination. If the random sampling plan results in production samples, but not in placement samples, the random core location and placement adjustment factor for the sublot will be determined by applying the placement random number to the length of the sublot placed. If the random sampling plan results in placement samples, but not in production samples, no placement adjustment factor will apply for that sublot placed. A placement payment adjustment factor of 1.000 will be assigned to any lot when the random sampling plan did not result in collection of any production samples. 6.2.2. Placement Sublots Subject to Removal and Replacement. If after referee testing, the placement payment adjustment factor for any sublot results in a “remove and replace” condition as listed in Table 21, the Engineer will choose the location of two cores to be taken within 3 ft. of the original failing core location. The Contractor will obtain the cores in the presence of the Engineer. The Engineer will take immediate possession of the untrimmed cores and submit the untrimmed cores to the Materials and Tests Division, 3077 32 - 32 10-19 Statewide where they will be trimmed, if necessary, and tested for bulk specific gravity within 10 working days of receipt. The bulk specific gravity of the cores from each sublot will be divided by the Engineer’s average maximum theoretical specific gravity for the lot. The individual core densities for the sublot will be averaged to determine the new payment adjustment factor of the sublot in question. If the new payment adjustment factor is 0.700 or greater, the new payment adjustment factor will apply to that sublot. If the new payment adjustment factor is less than 0.700, no payment will be made for the sublot. Remove and replace the failing sublot, or the Engineer may allow the sublot to be left in place without payment. The Engineer may also accept the sublot in accordance with Section 3077.5.3.1., “Acceptance of Defective or Unauthorized Work.” Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. 6.3. Total Adjusted Pay Calculation. Total adjusted pay (TAP) will be based on the applicable payment adjustment factors for production and placement for each lot. TAP = (A+B)/2 where: A = Bid price × production lot quantity × average payment adjustment factor for the production lot B = Bid price × placement lot quantity × average payment adjustment factor for the placement lot + (bid price × quantity placed in miscellaneous areas × 1.000) Production lot quantity = Quantity actually placed - quantity left in place without payment Placement lot quantity = Quantity actually placed - quantity left in place without payment - quantity placed in miscellaneous areas