Please Note: The following information has been extracted from the specification currently used by the Texas Department of Transportation. SPECIAL SPECIFICATION ITEM TOTAL MAINTENANCE AND OPERATION OF HIGHWAYS 1. Description. This Item shall govern for the complete maintenance and operation of highways, including all the existing appurtenances and future additions. This includes mainlane roadways, frontage roads, shoulders, ramps, intersections, roadsides, bridges, rest areas, picnic areas, weigh stations, traffic operations, etc. The limits of this work are more fully described on the attached plans. 2. General. It is the intent of this specification that the Contractor shall relieve the Department of all duties traditionally performed by the Department in maintaining and operating the highways. It shall be the responsibility of the Contractor to take measures to insure that they are completely aware of the traditional functions of the Department. It is anticipated that no change orders, except for contract extension, changes in governmental policy, changes in state or federal statutes, or catastrophic event emergency reimbursement as shown under Article 5.0 will be executed during the course of this contract. (1) Department Standards. Unless otherwise approved by the Engineer, work performed and materials used under this contract shall conform to the latest version of all Department manuals, standards, specifications, statewide special specifications, policies and procedures and their addenda. These include, but are not limited to, the following: o Highway Design Manual o Safety and Maintenance Manual o Maintenance Manual o Vegetation Management Manual o Traffic Control Standard Sheets Book o Traffic Operations Manual o Texas Standard Specifications for Construction of Highways, Streets and Bridges o Manual of Testing Procedures o Texas Manual on Uniform Traffic Control Devices for Streets and Highways (TMUTCD) o Sign Crew Field Book (2) Coordination. In performing work under this contract, the Contractor shall insure that proper coordination exists with cities, counties, state and local law enforcement, utilities, fire departments, and other state and federal agencies, etc. 1-18 (3) Purchasing from People with Disabilities. The Contractor shall comply with the provisions of Chapter 122 of the Texas Human Resources Code that are placed on the Department. The use of Community Rehabilitation Programs (CRP's) is outlined in this Chapter and is strongly encouraged by the Department. Specifically, Section 122.008. Procurement at Determined Prices. states "A suitable product or service that meets applicable specifications established by the state or its political subdivisions and that is available within the time specified must be procured from a CRP at the price determined by the council to be the fair market price". The Contractor will make a good faith effort to negotiate with CRP's and the Texas Industries for the Blind and Handicapped (TIBH) for subcontracts at a fair market price. The Department reserves the right to facilitate disputes involving subcontracts or potential subcontracts with CRP's and TIBH. (4) Existing Contracts. Several Department contracts with CRP's will be in effect at the beginning of this contract. These existing contracts will be assigned to the Contractor with all provisions in force. It shall be the Contractor's responsibility to assume payments to the CRP's and/or TIBH. These contracts, their scope and duration are as listed in the General Notes and Specification Data Sheet(s). The Department will modify existing Routine Maintenance Contracts (RMC's) to eliminate the work planned on the highway(s) in this project and their work will be included in the scope of this contract. (5) Reporting. The Contractor is required to have a personal computer that is capable of connecting to the Department's information systems and will report to the Department the following information: Work Accomplished - Using the Department's Construction and Maintenance Contract System (CMCS), the Contractor shall report to the Department work accomplished and unit costs. This information should be input daily, or as approved by the Engineer. The report shall use the Department's "function codes" to categorize the work accomplished. The report will show, by reference marker, the following: o The date(s) of the work o Beginning and ending reference marker o The County o Function Code o The quantity of work and unit cost using the units of measurement in the Department's Maintenance Management Information System (MMIS) Highway Condition Report (HCR) - By 8:10 AM each workday and as changes occur, the Contractor shall report weather conditions and any lane closures using the Department's HCR System. 2-18 Condition assessments - The Contractor will be required to perform monthly condition assessments of all elements of the highway and right of way. These assessments shall be reported to the Department each month. The report shall be in an electronic format acceptable to the Department. In addition, the Contractor shall schedule and perform night inspections in accordance with Article 5.5, Performance Standards, and report findings and proposed repair schedules to the Department, within one month of inspection. Complaints/Service Requests - The Contractor shall report monthly, on a format approved by the Department, information on any complaints or service requests received from the public, cities, counties, legislatures, etc. from the previous month. This information will include as a minimum, the following: o The date and time of the complaint o The location of the problem o The nature of the complaint o Who made the complaint o Date and action taken to address the complaint Accidents/Incidents - The Contractor shall report no later than the 15th of each month on a format approved by the Department, information from the previous month on any accident or incident related to work being performed by the Contractor or within a work zone including, but not limited to: o accidents involving any Contractor or subcontractor personnel, equipment, barricades or tools; o traffic accidents within the limits or in the vicinity of any work being performed by the Contractor or their subcontractors; o hazardous material spills; o any accident involving the Contractor or the traveling public that causes damage to an appurtenance or fixture on the right of way. The information provided shall include as a minimum: o The date and time of the accident/incident o The location of the problem o The nature of the problem o All parties involved in the incident including name, address, telephone number and their involvement (including witnesses) o Responsible party and insurance information o Action taken to address the incident o Documentation of traffic control in place at location. In addition, the Contractor shall report to the Department immediately on a format acceptable to the Engineer. 3-18 o Accidents/incidents causing multiple fatalities, numerous injuries or significant property damage resulting from fire, explosion or the release of hazardous materials which necessitates the evacuation of the immediate area, and the closing of roads, streets or highways. o Highway accidents involving the deaths of five or more persons. o Any accident involving a school bus which results in fatalities and/or disabling injuries. o Any incident that causes a major highway to be closed for more than 24 hours, except for closures (maintenance, construction, etc.) where the public has been notified in advance via newspaper, radio or television announcements. o Any incident that causes major damage to highway facilities. o All bridge failures or closures. o Any chain reaction accident involving more than 10 vehicles, regardless of the number of fatalities, injuries or length of time the highway is closed. Agreements - The Contractor shall provide the Department, copies of all agreements between the Contractor and counties, cities, municipalities, sheltered workshops, prisons, etc. that are associated with the work on this contract. (6) Traffic Signals and Illumination. The Contractor will provide maintenance and operations (including utility costs) of various traffic signals and illumination as outlined in the General Notes and Specification Data Sheet(s). The Department has in place agreements that require various cities to maintain and operate Department signals and illumination. These agreements require the Department to reimburse the cities for this work. Some of these existing agreements will be assigned to the Contractor with all provisions in force. It shall be the Contractor's responsibility to assume payments to the cities for maintenance and operation (including utility costs). In addition, the Contractor shall continue the use of these agreements for the life of this contract, except where new or revised agreements indicate otherwise. These agreements, their scope, cost and duration are as listed in the General Notes and Specification Data Sheet(s). During the life of this contract, should new signals or illumination (except as noted below) be installed by the Department, the Contractor will be responsible for their maintenance and operation (including utility costs) for no additional compensation. New continuous lighting illumination systems will be the responsibility of the city unless revised agreements indicate otherwise. 3. Materials. The Contractor will furnish all materials necessary to complete this work. The Contractor shall furnish the Engineer with documentation indicating material compliance with Department specifications unless otherwise approved by the Engineer. 4-18 4. Equipment. The Contractor shall be responsible for furnishing all equipment, tools and machinery necessary for the proper prosecution of the work. 5. Scope of Work. Excluding only those items of work listed in Article 5, Subarticle (1), "Items Excluded from the Contract", it is the responsibility of the Contractor to perform all work required to maintain and operate the highway and its appurtenances. This includes all maintenance and repair required to insure the highways are kept in their designed and constructed or updated condition; and all operational items of work to insure the highway functions as intended. The Contractor should be aware that this work also includes items such as catastrophic repair, HAZMAT cleanup and disposal, obtaining required permits, etc. The Contractor shall pursue claims against third parties for damage caused to the highway or its appurtenances. The Contractor shall also prepare the documentation in the required format to apply for Emergency Relief Funds (ER) from the Federal Highway Administration (FHWA) in the event of a Presidential Disaster Declaration. The funds acquired by the Department as a result of these claims or ER projects shall be added to the Contractor's monthly payment no later than one (1) month following the month the funds are received. Funds to repair major damage caused by catastrophic events not reimbursed by the FHWA or third parties will be added to the Contractor's monthly payment after the work is completed. The damage shall be of the extent that it is above and beyond normal routine or preventive maintenance and shall be a minimum of $50,000. Examples include: culverts or bridge components washing out, bridge damage that causes a road closure, major erosion, etc. The Contractor shall submit a bid for the repair cost and written approval to proceed shall be received from the Engineer prior to work commencing. The Department reserves the right to let an Emergency Contract to repair the damage. (1) Items Excluded from the Contract. The Contractor will not be responsible for the following items only: o Courtesy patrols o Traffic management devices (such as cameras, changeable message signs, Automatic Vehicle Identification readers/antennae, amplifier cabinets, detectors including acoustic, Vehicle Imaging Vehicle Detection, microwave, etc.) o Agreements, such as utility permits, driveway permits, Multiple Use Agreements, construction and maintenance agreements, and other similar type agreements. o Logo signing (2) Traffic Control Plans. The Contractor must perform all work in conformance with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (TMUTCD) and the Barricade and Construction 5-18 Standards. Unique work situations may require the preparation of individual Traffic Control Plans (TCP's). Unless otherwise approved by the Engineer, individual TCP's shall be submitted to the Engineer for approval a minimum of 72 hours prior to use. Locations that could pose a hazard to the traveling public shall be signed and delineated using appropriate markings, such as barrels, chevrons, object markers, etc. Unless otherwise approved by the Engineer, a person who is certified by the American Traffic Safety Services Association (ATSSA) shall supervise the installation and removal of traffic control devices. (3) Lane Closures. Except for emergencies, the Contractor will provide a 72-hour advance notice to the Engineer of lane closures. Dates and times when lane closures will not be allowed are as listed in the General Notes and Specification Data Sheet(s). The Contractor shall keep the number of lane closures to an absolute minimum and shall keep each closure to the shortest time duration possible. Should emergencies occur, such as vehicle accidents, structural failures, etc., the Contractor shall take steps to open the roadway as soon as possible. Maximum distance of lane closures shall be no more than two (2) miles and there shall be a minimum distance of two (2) miles between lane closures. No two (2) consecutive exit or entrance ramps may be closed unless approved by the Engineer. The Engineer has the authority to deny a lane closure in the case of a special event or other public activity that would cause substantial delay to the traveling public. (4) Public Notification. The Contractor shall furnish and install signs notifying the public that the highway is under private maintenance and operation. The sign locations, dimensions and wording are as outlined in the General Notes and Specification Data Sheet(s). The Contractor shall provide information to the Department concerning major lane closures or other information that would be of interest to the traveling public. Any information provided to the press shall be routed through the Department's Public Information Officer (PIO) in the District for release. The Contractor shall acquire and provide a toll free number so the public can notify the Contractor of complaints or service requests. (5) Performance Standards. Listed below are performance standards, which shall be utilized by the Contractor to schedule work. The safety of the traveling public is of the utmost importance and shall take priority over any other work. Damage that could endanger the traveling public or cause further deterioration of the highway system shall be repaired as soon as possible including working nights, weekends and/or holidays, if necessary. Other work should be scheduled as soon as practical. The term "immediately", as used in the performance measures, means as soon as possible during normal working hours. The term "minimal", as used in the performance measures, means damage that does not affect the safety of the traveling public, does not cause further deterioration of the 6-18 facility, does not reduce the comfort of the traveling public or is not unsightly. If work is required for which a standard is not listed, the Engineer will establish that standard as it becomes necessary. Each month the Department will determine if the Contractor is meeting the required standards. In addition, the Contractor shall constantly monitor the condition of the highway. If the Contractor or Engineer discovers deficient sections, the Contractor shall report to the Engineer measures that will be taken to correct the situation. Pavement Maintenance. Asphalt Surfaces (Travel Lanes and/or Shoulders). O No ruts > 1/2". o No unsealed cracks > 1/4". o Patching, even and < 1/4" high or low. o Ride should be smooth with no discernible dip for hump and have a score of 3.5 (2.5 for frontage roads) or more above on the Mays Meter. o Potholes will be repaired immediately. o Base failures shall be repaired immediately. o No edge drop-offs > 2" and more than 50 continuous feet in length. o No flushing allowed. Concrete Pavement (Travel Lanes and/or Shoulders). O No unsealed cracks > 1/4". o No unsealed joints > 1/4" between travel lanes and shoulders. o Ride should be smooth with no discernible dip or hump. o Spalls or potholes will be repaired immediately unless otherwise approved by the Engineer. o Pavement failures, punch-outs, joint failures, etc. shall be repaired within 72 hours or discovery. Temporary repairs shall be made if the failure could cause a safety-related problem. o No edge drop-offs > 2" and more than 50 continuous feet in length. Roadside Maintenance. Vegetation Management. O In urban areas as designated in the General Notes and Specification Data Sheet(s), the height of grass and weeds shall be kept between 7 inches and 18 inches. o In rural areas as designated in the General Notes and Specification Data Sheet(s), the height of grass and weeds shall be kept between 7 inches and 30 inches. o Spot mowing at intersections, ramps or other areas shall be performed as needed to maintain visibility and sight distance. 7-18 o Grass shall not be allowed to encroach into paved shoulders, main lanes, sidewalks, riprap or curbs. o Wildflowers shall be preserved utilizing the guidelines in the mowing specifications and vegetation management manuals. Landscaped Areas. O All landscaped areas shall be maintained as near to their originally constructed condition as possible. Landscaped areas will be as designated in the General Notes and Specification Data Sheet(s). o Items include but are not limited to mowing, litter pickup, irrigation system maintenance and operation, plant maintenance, pruning, insect, disease and pest control, fertilization, mulching, bed maintenance, watering, etc. Litter and Debris Pickup. O The right of way shall be kept in a neat condition. o No more than 10 pieces of litter per roadside mile shall be visible traveling at speed limit. o Dead animals that can be handled by one person shall be removed immediately upon discovery. Large animals shall be immediately removed from the paved surfaces and disposed of within 24 hours of discovery. o Tires or tire tread shall be removed from paved surfaces immediately upon discovery. O All litter collected by the Contractor shall become the property of the Contractor and shall be disposed of at approved solid waste site(s). Bagged litter shall be picked up and disposed of on the same day of collection. o All vehicles used in transporting litter shall be equipped to prevent the accumulated litter from being strewn along the roadway. o The Contractor shall immediately remove large or hazardous debris on paved surfaces. Sweeping. O Significant buildup of dirt, ice, rock, debris, etc. on roadways and/or bridges shall not be allowed to accumulate greater than 24 inches wide and/or 1/2 inch deep. o Shoulders, ramps, intersections and frontage roads, as shown in the General Notes and Specification Data Sheet(s), shall be vacuum swept at least once monthly. Graffiti Removal. O Obscene or "gang related" graffiti shall be removed immediately by a method approved by the Engineer. o Non-obscene graffiti shall be removed within two (2) weeks of discovery. 8-18 Picnic Areas. O Picnic area locations will be shown in the General Notes and Specification Data Sheet(s). o Picnic areas shall be kept clean and neat in appearance. o It shall be the Contractor's responsibility to perform daily any needed repairs that may be noticed during the performance of this contract. o "Lost and Found" items discovered at the picnic areas are to be forwarded to the Engineer. o Litter should be removed from the picnic area grounds and barrels a minimum of three times a week. Litter shall not be allowed to accumulate outside of the barrels. All litter collected by the Contractor shall become the property of the Contractor and shall be disposed of at approved solid waste site(s). Bagged litter shall be picked up and disposed of on the same day of collection. o All vehicles used in transporting litter shall be equipped to prevent the accumulated litter from being strewn along the roadway. o The height of grass and weeds shall be kept between two inches and eight (8) inches. The Contractor will be responsible for replacement of vegetation damaged due to improper or careless mowing and trimming operations or any other reason resulting in damage or death of vegetation. o Weeds, grass and other undesirable growth shall be removed from beds of plants and shrubs as needed. In addition, trees and shrubs shall be trimmed to create an aesthetically pleasing appearance. Rest Areas. O The number and location of rest areas, the number of attendants and their duty hours shall be as designated in the General Notes and Specification Data Sheet(s). o The rest area(s) shall be kept clean, sanitary and neat in appearance at all times. The rest area(s) shall be kept stocked with toilet paper and hand soap at all times. In addition, rest rooms shall be kept deodorized at all times. o Any malfunction of any facility in the rest area(s) shall be considered as an emergency. The Contractor will be responsible for all major maintenance work involving items such as the electrical system, plumbing system, utility lines, hand dryers, light fixtures, lavatory fixtures and toilets, and any other major repairs necessary for operation of the rest area(s). o Routine maintenance shall be performed to keep the rest area(s) in good condition including painting the facility, tables, arbor units, trash barrels, etc. o Grass, trees and shrubs shall be watered during the early morning hours. Fertilizing will be done by the Contractor two (2) times a year (early Spring and in mid-Fall) at rates 9-18 recommended by the manufacturer's specifications. Fertilizer shall be commercially available 13-13-13 or better or as approved by the Engineer. o The height of grass and weeds shall be kept between two (2) inches and eight (8) inches. o Weeds, grass and other undesirable growth shall be removed from beds of plants and shrubs as needed. In addition, trees and shrubs shall be trimmed to create an aesthetically pleasing appearance. o The Contractor will be responsible for replacement of vegetation damaged due to improper or careless mowing and trimming operations or any other reason resulting in damage or death of vegetation. o When required, as designated in the General Notes and Specification Data Sheet(s), operation of water and/or sewage treatment plants shall be the responsibility of the Contractor. Water and wastewater testing shall be performed as required by state and national statutes by certified operators. o Utility costs at the rest area(s) shall be the responsibility of the Contractor. Tree and Brush Control. O Trees on the right of way, except in established non-mow areas, shall be trimmed to allow mowers access. Trees and brush shall be trimmed to insure they do not interfere with vehicles or sight distance, or inhibit the visibility of signs. Drainage. O Cross road and side road drainage structures shall be maintained with a maximum of 1/5 of the cross sectional area silted. They shall be maintained as originally constructed or subsequently modified condition. Any repair work performed to the structures shall be as approved by the Engineer. o All culverts, pipes, channels, inlets, storm drain systems, ditches, etc. and their appurtenances shall be kept clear and functioning. o Ditch or channel erosion and siltation over 12 inches shall be repaired by removing the siltation or filling erosion to bring the right of way back to the original lines and grades. Adequate sodding, seeding, fertilizer, erosion control blankets, silt fences, rock berms, etc. shall be provided to allow the area to revegetate. Removal of Illegal Signing and Other Encroachments. O The Contractor shall insure that all illegal signs and other encroachments are promptly removed from the right of way. This includes political signs, advertising signs, brick entrances, vehicles, etc. The Contractor shall utilize Department policy 10-18 to properly notify and collect reimbursement from owners of encroachments. Any funds collected by the Department for these activities shall be added to the Contractor's monthly payment. Mailbox Installations. O When requested by the public, the Contractor shall install mailboxes supplied by the residents on posts and mounting hardware that meet Department standards unless otherwise shown on the plans. o The Contractor will work with mailbox owners to successfully remove any non-standard mailbox supports that are installed on the right of way. Bridge Maintenance. Overall Bridge. O Repairs for bridge damage, whether caused by collision, natural disasters or normal deterioration shall be approved by the Engineer in writing before the work is begun, except that shoring or other temporary stabilization may be performed to stabilize a structure before the final repair method is approved by the Engineer. o When damage to a highway bridge structure or overpass over the highway is discovered, the safety of the traveling public shall be of immediate concern. If there is any question about the ability of the structure to be maintained in a safe manner, detours shall be established immediately. o Structurally critical conditions must be addressed immediately upon discovery. o When damage causes lane closures, work shall progress as soon as possible to reopen the closed lane(s). Railing. O Repair or replace damaged bridge rail, approach guardrail, end treatments or attenuators within two days; install signs or temporary railing as appropriate immediately upon discovery. o Damaged but functional traffic safety features will be repaired or replaced within one (1) week. Deck. O Spalls or damaged areas shall be repaired immediately or as approved by the Engineer. o Drains must be clean and functional. o Joints shall be clean and appropriately sealed. o Loose armor joints shall be repaired immediately or as approved by the Engineer. 11-18 Superstructures. O Steel beams should be maintained straight with minimal damage or rust. o Steel fasteners should be in place, tight with none missing. o Concrete beams should have minimal unrepaired damage, spalls or cracks. Substructures. O The columns, pilings and caps should have minimal unrepaired damage, spalls, cracks or scaling. o Bearing assemblies should be clean and functional. o Abutment and bent caps should be clean with minimal debris. Channels. O Debris that interferes with stream flow shall be removed within one (1) month after storm events. o Vegetation, including trees and brush, that interfere with stream flow shall be removed from channels; however, vegetation protecting or stabilizing channel banks should be allowed to remain. o Riprap protection should be maintained to its original configurations. o Undermining or riprap failures should be repaired within two (2) months of discovery or as directed by the Engineer. Embankments. O Embankments shall be maintained with minimal erosion. o Riprap (concrete slope protection) shall have all joints free from vegetation and shall be sealed. o Slope failures shall be repaired by a method approved by the Engineer. Slopes shall approximately conform to the original cross-section and shall be revegetated. o Retaining walls shall be maintained vertical, with drain holes clear. Reinforced earth walls shall be monitored for movement or for loss of backfill and repairs as approved by the Engineer. Traffic Operations. O Repair operational problems immediately (within four (4) hours of discovery). o The signal timing and operational phasing shall be the responsibility of others. o Inspect the highway traffic signal system a minimum of once every 12 months. o Signal poles, controller pedestals and foundations are to be kept in alignment. o Signal poles and controller cabinets are to be kept tight on their foundation(s) or pedestal(s). 12-18 o Traffic and pedestrian signal heads are to be kept aligned and properly adjusted. o Provide alternate traffic control during a period of failure within one (1) hour of discovery. o Provide maintenance personnel trained in the maintenance of traffic signal equipment who will be available to respond to emergency calls 24 hours a day, including Saturdays, Sundays and holidays. o Provide state and local law enforcement agencies the location and respective names and telephone numbers of individuals responsible for emergency maintenance. o Document all checks and corrective actions in a separate logbook for each intersection. o Check cabinet filter a minimum of once every six (6) months and clean if necessary. Cabinet filter shall be replaced every two (2) years. Traffic Detector Loops. O Repair operational problems within one (1) week of discovery. o Loop circuit's inductance must be > 50 and < 1,000 microhenries. o Insulation resistance must be > 50 meg ohms. Signs (includes overhead signs). O Perform night sign inspections on six-month intervals and replace non-reflective signs within 30 days. o New signs shall be approved by the Engineer. o New signs that are necessary shall be acquired and installed on the latest standard sign mount within 30 days after approval. o Maintain all sign posts vertical with all break-away sign mounts clear of silt or other debris that could impede break-away features. Posts shall not be rusted. o All signs shall be upgraded to the latest Department standard within two (2) years after the execution of the contract. o Vegetation shall be trimmed to insure good visibility of signs. o Signs shall be replaced when more than five (5) percent of the face is damaged or vandalized. o Longitudinal placement must be appropriate for motorists at posted speed. o Lateral placement must be in accordance with Department's Sign Crew Field Book. o Replace deficient warning and regulatory signs as soon as possible upon discovery. o Damaged "Stop", "Yield", "Do Not Enter", "One Way" and "Wrong Way" signs shall be replaced within two (2) hours of discovery. Highway Lighting. O A night inspection shall be performed monthly of luminaires and sign lighting and all deficiencies shall be repaired within one week after inspection. 13-18 o 100 percent of access panels present and secured. o Non-functional lights will be repaired within a week of discovery. o Luminaire poles knocked down shall be removed immediately upon discovery, and shall be repaired or replaced within three (3) weeks. o Broken or damaged transformer bases shall be replaced within three (3) weeks of discovery. Pavement Graphics. O A night inspection shall be performed on pavement symbols every six months and all non-reflective markings should be repaired within one (1) month after inspection. Pavement Markings. O Pavement striping shall be inspected every six (6) months and all non-reflective markings shall be restriped within one (1) month after inspection. o A minimum of 50 percent of pavement striping shall be restriped annually. o Placement should meet the Department's TMUTCD and Pavement Marking Standard Sheets. Raised Reflective Pavement Markers. O Lane and center line raised pavement markers shall be removed and replaced every 12 months. o Pavement markers shall be inspected six (6) months after initial installation and all non-reflective markings should be repaired within one (1) month after inspection. Traffic Buttons. O Traffic buttons shall be removed and replaced every 24 months. Guardrail. O Damaged guardrail that will no longer function as designed shall be repaired or replaced within one (1) week; remove debris and install warning signs immediately upon discovery. o Damaged, but functional, guardrail shall be replaced or repaired within one (1) month after discovery. o If, in the opinion of the Engineer, they are required for access control, the Contractor shall install new post and cable fence or guardrail. Impact Attenuators. O Repair or replace badly damaged impact attenuators within one (1) week, remove debris and install warning signs immediately upon discovery. 14-18 o Damaged, but functional, attenuators shall be replaced or repaired within one (1) month. Overhead Signs. O Repair or remove overhead sign structures that present a safety hazard immediately upon discovery. o Replace overhead sign structures that must be replaced within 120 days upon discovery. o Install temporary ground-mounted signs, as necessary, within two (2) days of removal of overhead sign structure. Object Markers and Delineators. O No more than five (5) object markers or delineators shall be defective per mile. They will be considered defective if they are not reflective, are not vertical or are missing. Snow and Ice Control o Roadways and bridges shall be treated for snow and ice before, during and after winter events to allow for movement of traffic. o Anti-icing or deicing chemicals shall be approved by the Engineer by October 1st of each year. Salt shall not be allowed unless approved by the Engineer. 6. Contractor Performance. If, in the opinion of the Engineer, the Contractor is not meeting the performance standards as shown in Article 5, Subarticle (5), "Performance Standards", or is not performing work according to this contract, the Department may take steps to have the work corrected. This may include the use of Emergency Contracts. Once the Contractor is notified that the Department is taking corrective action, the Contractor shall refrain from taking steps of their own. The costs associated with these measures will be deducted from any monies due the Contractor. In addition, liquidated damages in the amount of $5,000 per working day (starting with the for mentioned notification), during the work correction period, will be deducted from the amount due the Contractor. 7. Termination. This is an experimental project. If both parties to the contract agree in writing to terminate the contract, the Department shall prepare a termination agreement, and the contract shall end 30 days after the date of the last signature. 8. Measurement. This Item will be measured by the "Lump Sum", as the work progresses. 9. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for in partial payments in accordance with the following schedule, utilizing the unit price bid for "Total Maintenance and 15-18 Operation of Highways". This price shall be full compensation for this work and for furnishing all labor, equipment, materials, fuel, tools and incidentals necessary to complete the work for a five-year period. Should construction or reconstruction project(s) occur involving portions of highways covered by this contract, the Contractor shall be relieved of duties along those portions of highways for the duration of the construction project. Monthly payments to the Contractor will be reduced by an amount equal to the normal monthly payment divided by the total lane miles in the contract multiplied by the total lane miles in the construction project(s). Payment Schedule. Monthly payments shall be made by multiplying the "Lump Sum" bid by the payment schedule percentage and deducting any amounts as indicated above under "Contractor Performance". Payment Cumulative Cumulative Schedule Payment Time Month Percent Percent Percent 1 1.850% 1.850% 1.667% 2 1.850% 3.700% 3.333% 3 1.850% 5.550% 5.000% 4 1.850% 7.400% 6.667% 5 1.850% 9.250% 8.333% 6 1.850% 11.100% 10.000% 7 1.850% 12.950% 11.667% 8 1.850% 14.800% 13.333% 9 1.850% 16.650% 15.000% 10 1.850% 18.500% 16.667% 11 1.850% 20.350% 18.333% 12 1.850% 22.200% 20.000% 13 1.500% 23.700% 21.667% 14 1.500% 25.200% 23.333% 15 1.500% 26.700% 25.000% 16 1.500% 28.200% 26.667% 17 1.500% 29.700% 28.333% 18 1.500% 31.200% 30.000% 19 1.500% 32.700% 31.667% 20 1.500% 34.200% 33.333% 21 1.500% 35.700% 35.000% 22 1.500% 37.200% 36.667% 23 1.500% 38.700% 38.333% 24 1.500% 40.200% 40.000% 25 1.530% 41.730% 41.667% 26 1.530% 43.260% 43.333% 27 1.530% 44.790% 45.000% 28 1.530% 46.320% 46.667% 29 1.530% 47.850% 48.333% 30 1.530% 49.380% 50.000% 31 1.530% 50.910% 51.667% 16-18 Payment Cumulative Cumulative Schedule Payment Time Month Percent Percent Percent 32 1.530% 52.440% 53.333% 33 1.530% 53.970% 55.000% 34 1.530% 55.500% 56.667% 35 1.530% 57.030% 58.333% 36 1.530% 58.560% 60.000% 37 1.561% 60.121% 61.667% 38 1.561% 61.682% 63.333% 39 1.561% 63.243% 65.000% 40 1.561% 64.804% 66.667% 41 1.561% 66.365% 68.333% 42 1.561% 67.926% 70.000% 43 1.561% 69.487% 71.667% 44 1.561% 71.048% 73.333% 45 1.561% 72.609% 75.000% 46 1.561% 74.170% 76.667% 47 1.561% 75.731% 78.333% 48 1.561% 77.292% 80.000% 49 1.893% 79.185% 81.667% 50 1.893% 81.078% 83.333% 51 1.893% 82.971% 85.000% 52 1.893% 84.864% 86.667% 53 1.893% 86.757% 88.333% 54 1.893% 88.650% 90.000% 55 1.893% 90.543% 91.667% 56 1.893% 92.436% 93.333% 57 1.893% 94.329% 95.000% 58 1.893% 96.222% 96.667% 59 1.893% 98.115% 98.333% 60 1.885% 100.000% 100.000% 10. Contract Extension. If agreed upon in writing by both parties to the contract, the contract may be extended an additional 36 months in accordance with the following payment schedule. Either party to this contract may request a revised pay schedule for the contract extension, and if executed by change order, will replace the following: Payment Schedule. Monthly payments shall be made by multiplying the original "Lump Sum" bid by the payment schedule percentage and deducting any amounts as indicated above under "Contractor Performance". Payment Cumulative Cumulative Schedule Payment Time Month Percent Percent Percent 61 1.750% 101.750% 101.667% 17-18 Payment Cumulative Cumulative Schedule Payment Time Month Percent Percent Percent 62 1.750% 103.500% 103.333% 63 1.750% 105.250% 105.000% 64 1.750% 107.000% 106.667% 65 1.750% 108.750% 108.333% 66 1.750% 110.500% 110.000% 67 1.750% 112.250% 111.667% 68 1.750% 114.000% 113.333% 69 1.750% 115.750% 115.000% 70 1.750% 117.500% 116.667% 71 1.750% 119.250% 118.333% 72 1.750% 121.000% 120.000% 73 1.785% 122.785% 121.667% 74 1.785% 124.570% 123.333% 75 1.785% 126.355% 125.000% 76 1.785% 128.140% 126.667% 77 1.785% 129.925% 128.333% 78 1.785% 131.710% 130.000% 79 1.785% 133.495% 131.667% 80 1.785% 135.280% 133.333% 81 1.785% 137.065% 135.000% 82 1.785% 138.850% 136.667% 83 1.785% 140.635% 138.333% 84 1.785% 142.420% 140.000% 85 1.821% 144.241% 141.667% 86 1.821% 146.062% 143.333% 87 1.821% 147.883% 145.000% 88 1.821% 149.704% 146.667% 89 1.821% 151.525% 148.333% 90 1.821% 153.346% 150.000% 91 1.821% 155.167% 151.667% 92 1.821% 156.988% 153.333% 93 1.821% 158.809% 155.000% 94 1.821% 160.630% 156.667% 95 1.821% 162.451% 158.333% 96 1.821% 164.272% 160.000% 18-18