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57 APPENDIX D Example Warranty Specifications Section Agency Page D1 Alaska Department of Transportation & Public Facilities 58 D2 Arizona Department of Transportation 65 D3 Arkansas State Highway and Transportation Department 74 D4 British Columbia Ministry of Transportation and Infrastructure 91 D5 Delaware Department of Transportation 102 D6 Idaho Transportation Department 109 D7 Illinois Department of Transportation 132 D8 Indiana Department of Transportation 141 D9 Maryland State Highway Administration 149 D10 Missouri Department of Transportation 155 D11 Nevada Department of Transportation 177 D12 Northwest Territories--Transportation 178 D13 Oregon Department of Transportation 180 D14 Texas Department of Transportation 187 D15 West Virginia Department of Transportation 201

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58 APPENDIX D1 Agency: Alaska Department of Transportation & Public Facilities Attached Example(s) of Warranty Specifications: Pavement Marking Period Remarks Methyl Methacrylate Pavement Markings 2 years after Attached specs are proposed updates (as of 12-10-2008) to (MMA) initial existing special provisions. *Warranty provisions are in Section acceptance 670-3.07. Specifications are for MMA pavement markings, which represent a combination of methyl methacrylate, glass beads, and anti-skid aggregate. The contractor is responsible for fulfilling the warranty. Application must be by manufacturer-certified installers, with manufacturer's representative observing application. Specifications address longitudinal markings, transverse markings, symbols, and markings in roundabouts and gores. See Section 670-3.07. Quality: Contractor must furnish a manufacturer's certification for materials components (Sect. 712-2.17). *NOTE: Attached specifications are identified as AK DOT&PF HWY CR updates, 670.712.CR246 as of 12.10.2008, 7 pages. SECTION 670 TRAFFIC MARKINGS Special Provisions 670-1.01 DESCRIPTION. Add the following: Furnish, locate, and install Pavement Markings as shown on the Plans and as directed. Pavement Marking Type: Methyl Methacrylate (MMA) 670-2.01 MATERIALS. Replace the material reference, "Methyl Methacrylate Markings Subsection 712-2.17," with, Methyl Methacrylate Pavement Markings Subsection 712-2.17 Methyl Methacrylate Pavement Markings are a combination of methyl methacrylate, glass beads, and anti-skid aggregate. Replace the last sentence with the following: Submit a single certification from the manufacturer of the marking material, for each material combination, certifying the combination of marking material, glass beads and anti-skid aggregate, as furnished, provides the durability, retroreflectivity, and skid resistance specified.

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59 670-3.01 CONSTRUCTION REQUIREMENTS. Delete No. 4 and substitute the following: 4. Methyl Methacrylate Pavement Markings (MMA). a. General. 15 days before starting work meet with the Engineer for a prestriping meeting. At this meeting, do the following: (1) Furnish a striping schedule showing areas and timing of work, placing materials and the Traffic Control Plans to be used. (2) Discuss placement of materials, potential problems. (3) Discuss work plan at off ramps, on ramps and intersections. (4) Discuss material handling procedures. (5) Provide copies of the manufacturer's installation instructions and copies of the Material Safety Data Sheets. b. Manufacturer's Representative. Provide the services of a manufacturer's representative (the "Manufacturer's Representative"). Ensure the Manufacturer's Representative observes the application of the pavement marking materials. Cooperate with the Manufacturer's Representative and the Engineer to ensure that the materials are placed according to these Specifications and the manufacturer's recommended procedures. c. Manufacturer Certified Installers. Install pavement markings using only striping installers certified by the marking materials manufacturer for the specific striping material and method. Submit these certifications to the Engineer at the Preconstruction Conference. d. Preparation. Prepare the roadway surface to receive pavement markings according to these Specifications and the manufacturer's recommendations. Clean and dry the roadway surface. Completely remove contaminants such as dirt, loose asphalt, curing agents, surface oils, or existing road marking materials before applying pavement marking material. e. Equipment. (1) Grooving Equipment. Use grooving equipment that produces a dry cut. Use vacuum shrouded equipment or other equally effective containment procedures. (2) Marking Equipment. (a) Longitudinal Marking: Use truck mounted application equipment capable of installing a double centerline and a single shoulder line in a single pass. Use automatic bead applicators that place a uniform layer of beads on the lines. Hand units are not permitted. (b) Other Markings: Use manual or automatic application equipment. Use stencils or extruders to form sharply defined markings. f. Application. Apply marking material according to these Specifications and the manufacturer's recommendations. Use equipment designed and capable of properly mixing at the place and time of application and approved by the manufacturer for the type of product being installed. Anti-skid Aggregate. During marking material application, anti-skid aggregate will be evenly distributed and visible throughout the top 20 mils of the marking material mixture, and after the application, in the surface of the cured material. SURFACE APPLIED [Surface markings, 60 mils unless T & S Eng specifically directs otherwise. Delete note.] Marking thickness will be measured from the pavement surface. (1) Longitudinal Markings. Apply markings for lane lines, edge lines, and centerlines to yield a thickness of 60 mils.

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60 (2) Other Markings. (a) Transverse and Symbol Markings: Apply marking for symbols, arrows, stop bars, railroad symbols, and cross walks to yield a thickness of 60 mils. (b) Gore Markings: Apply diagonal gore markings to yield a thickness of 60 mils. INLAID [Consult the T & S Eng for inlay depth, 60-500 mils. Insert 4 places. Delete note.] Groove the area(s) designated in the Plans. Install markings in the same work shift as the grooving operation. Markings will be measured flush with the pavement surface. (1) Longitudinal Markings. Groove the pavement to a depth of mils. Apply markings for lane lines, edge lines, and centerlines to yield a thickness of mils. (2) Other Markings. (a) Transverse and Symbol Markings: Groove the area for inlaid markings to a depth of mils. Apply marking for symbols, arrows, stop bars, railroad symbols, and cross walks to yield a thickness of mils. (b) Roundabouts: As designated on the plans, groove the area for inlaid markings in roundabouts to a depth of 500 mils. Apply markings to yield a thickness of 500 mils. (c) Gore Markings: Diagonal gore markings will not be inlaid unless shown in the Plans. g. Disposal of Waste. Waste material(s) are the Contractor's property. This includes grindings and removed marking material. Do not dispose of or store waste material(s) on State property. Dispose of waste material(s) according to applicable Federal, State, and local regulations. h. Sampling. On the form provided by the Engineer, record the following readings and locations where they were taken using project stationing, and submit them to the Engineer with 24 hours for evaluation. Thickness of material and depth of slot are measured from the surface of the pavement. SURFACE APPLIED (1) For surface applied longitudinal applications, measure the thickness of the lines (above the pavement surface) at the time of application, every 500 feet. (2) For surface applied other markings measure the thickness in three locations for each marking. INLAID (1) For inlay longitudinal applications, record the depth of the slot every 500 feet during the grinding operation. (2) For inlay other markings measure the thickness in three locations for each marking. Inspect the markings initially, and again two weeks after placement, to ensure the material has cured properly. Remove soft spots or abnormally darkened areas and replace with material meeting specifications. The Engineer may elect to use the Contractor's readings or perform additional sampling. Add the following: Refer to the Survey Field Books identifying the no passing zones (see Subsection 642-3.01)

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61 670-3.04 PAVEMENT MARKING REMOVAL. Add the following: Coordinate removal work with construction activity. Remove pavement markings the same day permanent markings are applied, unless otherwise directed. Use vacuum shrouded equipment or other equally effective containment procedures. Add the following Subsection: 670-3.06 TOLERANCE FOR LANE STRIPING. 1. Length of Stripe. ±2 inches. 2. Width of Stripe. ±1/8 inch. 3. Lane Width. ±4 inches from the width shown on the Plans. 4. Stripes on Tangent. Do not vary more than 1 inch laterally within a distance of 100 feet when using the edge of the stripe as a reference. 5. Stripes on Curves. Uniform in alignment with no apparent deviations from the true curvature. 6. All Stripes. Keep the center of the stripe within planned alignment. 7. Double Stripes. ±1/4 inch. 8. Thickness of Surface Applied. Minimum specified to a maximum of + 30 mils. 9. Depth of Inlay Slot. Minimum specified to a maximum of + 40 mils. 10. Thickness of Inlaid Marking Material. Fill inlay area completely from the bottom of the inlay to the surface of the pavement. If it is determined that the material is being placed too thin, the beads are not properly placed, the anti-skid aggregate is not visible, or otherwise not to specification, make immediate adjustments to correct the problem. Pavement markings applied by any method will be unacceptable if: 1. Marking is not straight or wide enough. 2. Thickness of line is not uniform. 3. Thickness of line is less than specified. 4. Material is uncured. 5. Material blackens or is inconsistent in color. 6. Inlay slot is not the specified depth. 7. Inlay slot is not filled to the specified depth. 8. Edge of the markings is not clear cut and free of overspray. 9. Reflective elements are not properly embedded. 10. Retroreflectivity of the markings is less than specified. 11. Anti-skid aggregate is not visible in the marking material during application and the dried surface. 12. Markings exhibit poor adhesion. 13. Color is not as specified. Perform repairs using equipment similar to the equipment initially used to place the materials. Do not perform repairs in a "patch work" manner. If more than one repair is required in a single 500 foot section, grind and repair the entire section. Add the following Subsection:

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62 670-3.07 CONTRACTOR'S WARRANTY. Provide a warranty, for the Methyl Methacrylate Pavement Markings, as specified herein. The period of warranty is 2 years. The warranty period will start on the date the Engineer accepts the work and authorizes payment. Pavement markings that do not satisfy the specified performance requirements will be repaired and or replaced by the Contractor. The Department will determine if the failed markings will be repaired or replaced. The Contractor will be notified, in writing, of the marking failure(s) and the corrective measures required including repairs and or replacement. The Contractor will have 6 months to complete repairs. The Contractor will coordinate the repair start and end dates with the Department. The warranty period, for all project MMA pavement markings, will stop until corrective work is approved complete by the Department. Performance Requirements. 1. Retroreflectivity. If retroreflectivity becomes a concern during the warranty period, the Engineer will measure the retroreflectivity of the area in question. The roadway surface will not be cleaned in preparation for taking readings, but areas of obvious contamination or debris will be avoided. a. Longitudinal sample areas will be a minimum length of 500 feet and have at least three samples taken. b. Transverse, symbols and gore samples will be three per transverse line or symbol. Table 670-1 PAVEMENT MARKING MINIMUM RETROREFLECTIVITY REQUIREMENTS Retroreflectivity, Minimum Levels Marking Color Initial Retroreflectivitya 6 Monthsb 2 Yearsb Yellow, White 200 mcd/m2-lux 150 mcd/m2-lux 40 mcd/m2-lux Footnotes: a. The initial retroreflectivity readings will be completed after the MMA has cured and no more than 7 days prior to the Engineer accepting the work. b. The 6 month and 2 year readings will be measured from the date of the initial retroreflectivity readings. 2. Color Stability. The pavement markings shall retain color throughout the warranty period. Yellow striping will be compared to the PR-1 chart, and shall meet 33538 Federal Yellow. White striping shall have a minimum daylight reflectance of 84 throughout the Warranty period. 3. Adhesion. For the purpose of the warranty a cumulative 5% or greater loss of longitudinal line of any 500 foot segment of marking and 5% or greater loss of each transverse line, gore stripe and symbol, due to nonadhesion, shall constitute failure of the material in that segment. Repair. Repair pavement markings as specified by the Department. Replacement. Replace pavement markings as specified in Section 670-3.01 Construction Requirements 4.f. Application and as specified by the Department. 670-4.01 METHOD OF MEASUREMENT. Add the following: Thickness will be measure from the top of the marking to the top of the pavement surface. Marking material placed in a depression left by pavement line removal will not be included in measuring the thickness of the line. Delete No. 2.

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63 Delete No. 3 and replace with the following: 3. Each. Pavement markings using letters, numbers, and arrows will be measured on a unit basis with each separate word or symbol constituting a unit. Railroad Markings will be measured by the complete unit shown for each lane of travel. Add the following No. 4: 4. Foot Basis. Longitudinal pavement markings, transverse, and gore markings, surface applied or inlaid will be measured by the linear foot of 4 inch wide line. Wider striping will be measured in multiples of 4 inches. 670-5.01 BASIS OF PAYMENT. Add the following: Payment for Methyl Methacrylate (MMA) Pavement Markings includes furnishing the Warranty. Payment for the installation of the pavement markings will be limited to 80% of the amount due until the Department has received a signed Warranty. For all phases of construction: There will be no separate payment for: Over-runs of material caused by the variation of the gradation of the asphalt Additional material required to achieve the thickness specified on open graded pavement All work and materials associated with pavement markings are subsidiary to 670 items, including but not limited to: Milling for installation of the inlaid pavement markings including the removal of millings Temporary pavement markings and removal of conflicting markings, including repair of the roadway surface, milled surface or otherwise Traffic Control required for the installation of permanent and temporary pavement markings, removal of conflicting markings, and repairs Replace Item 670(10) with the following: Payment will be made under: Pay Item No. Pay Item Pay Unit 670(10) MMA Pavement Markings Lump Sum 670(10A) MMA Pavement Markings, Longitudinal Surface Applied Linear Foot 670(10B) MMA Pavement Markings, Symbols and Arrow(s) Surface Applied Each 670(10C) MMA Pavement Markings, Transverse and Gore Surface Applied Linear Foot 670(10D) MMA Pavement Markings, Longitudinal Inlaid Linear Foot 670(10E) MMA Pavement Markings, Symbols and Arrow(s) Inlaid Each 670(10F) MMA Pavement Markings, Transverse and Gore Inlaid Linear Foot Delete Items 670(11) and 670(12). CR246.12.10.08

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64 SECTION 712 MISCELLANEOUS Special Provisions 712-2.17 METHYL METHACRYLATE PAVEMENT MARKINGS. Replace No. 1. Quality Requirements: with the following: 1. Quality Requirements: Use a marking material formulated for the application type specified. Use a marking material manufactured from new materials and free from dirt and other foreign material. Use a methyl methacrylate based resin system for part "A." Use benzoyl peroxide system for part "B." Extruded or stenciled application: Material formulated for extruded or direct stenciled application with factory intermix beads, and anti skid aggregate and the application of additional surface applied beads. Submit a manufacturer certification for the methyl methacrylate material, glass beads, and anti-skid aggregate to ensure that the materials furnished conform to these Specifications. 2. Performance Properties: Add the following: I. Color: Yellow, PR-1 Chart, 33538 Federal Yellow. White, minimum daylight reflectance of 84. 712-2.18 GLASS BEADS FOR METHYL METHACRYLATE PAVEMENT MARKINGS. Replace the bead table with the following: Use the type and quantity of beads specified in writing by the marking material manufacturer required to satisfy the specified performance requirements. The written certification will note the bead coating is compatible with the marking material binder. 1. Bead Manufacturer and Type. a. Swarco, Megalux-Beads or b. Approved equal beads Approved Equal Beads. Equal beads will demonstrate: (1) Bead coatings compatible with marking materials. Marking Material Manufacturer will certify compatibility. (2) Lasting retroreflectivity. For the two year specified Warranty Period and retroreflectivity levels, Subsection 670-3.07. The Engineer will determine the test location. CR246.12.10.08

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65 APPENDIX D2 Agency: Arizona Department of Transportation Attached Example(s) of Warranty Specifications: Pavement Marking Period Remarks Specification ADOT General Warranty Periods below Document comprises excerpts from three contracts Requirements for Pavement begin and provides general requirements across a range of Markings following marking materials. installation The term of the warranty for a particular material is assumed to be the expected pavement marking lifetime. The warranty period is measured from the date of installation. The contractor warrants that workmanship and materials will perform satisfactorily during the expected pavement marking lifetime. Pavement markings shall not deteriorate due to natural causes under normal road wear during this period. Anticipated lives and warranty periods are listed by material type and by type of marking; for example, all waterborne paint markings are specified as 6 months; thermoplastic and epoxy long-line markings are specified as 2 years, while thermoplastic and epoxy legend and symbol markings are specified as 1 year minimum or manufacturer's warranty period if longer. Ref: excerpt from Section 3.0, Special Terms and Conditions.

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66 Pavement Marking Period Remarks Specification 3M 380 Tape 4 years Original warranty period for longitudinal markings. Special extension to 6 years for longitudinal markings was later issued by 3M. 2 years Warranty period for symbols and legends. Warranty does not address transverse line markings. FHWA has approved a finding in the public interest that 3M 380 tape shall be used exclusively on urban freeway to freeway interchanges and for lane-line skip stripes on other urban mainline projects. A full replacement warranty is provided by the contractor and 3M. 3M's warranty covers only design and manufacturing defects in the tape. 3M's warranty does not cover material damaged by snow removal equipment. The warranty does not apply in "mountainous, heavy snowfall areas above 5,000 feet." Retroreflective Raised 1 year Warranty period for RRPM. Pavement Markers (RRPM) Contractor must replace all markers that are subject to defective materials or work deficiencies. For ADOT-supplied materials, the contractor's warranty extends only to the installation of the marker and the performance of the adhesive. Note: "---" = not applicable. ARIZONA DOT WARRANTY REQUIREMENTS FOR PAVEMENT MARKINGS The following is an excerpt of the warranty requirements for pavement markings from the Arizona Department of Transportation maintenance contract which was bid in August of 2003 per Solicitation Number T04-11-00001. Contracts were awarded in June 29, 2004. There are three contract holders: Road Markings Inc (RMI) T0411A0042, United Rentals Highway Technologies T0411B0042 (now just Highway Technologies) and Pavement Markings Inc. (PMI) T0411C0042. The contracts for these three vendors have been renewed through thru June 28, 2008. The term of the contract expires in June 28, 2009. The contract specifications address various types of pavement marking materials including paint, thermoplastic, epoxy, and preformed tape markings. It should be noted that these contracts apply only to maintenance and not to new construction or re-construction projects. The contract specifications include a section on Warranty Requirements. The contract states that the warranty term is also assumed to be the expected pavement marking lifetime.

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67 The contract specifications also include a section on Satisfactory Performance Life Requirements. This section states that satisfactory performance life is achieved if the markings do not deteriorate due to natural causes and normal road wear within the specified marking expected lifetime. The contract specification calls out minimum initial retroreflectivity performance criteria. The requirements of this contract imply that materials that are found defective shall be replaced. The actual sentence in the warranty subsection of the Special Terms and Conditions states: "The Contractor agrees they will, at their own expense, provide all materials, equipment, labor and traffic control required to repair and/or replace any such defective workmanship and/or materials which become or are found to be defective during the terms of the warranty." This statement implies the warranty is a full replacement warranty. From Section 1.0 Specification (page 20­21): 4.2.14 Retroreflectance The white and yellow pavement markings shall have the following minimum retroreflectance values as measured by a 30 meter Mirolux 30 or equivalent portable retroreflectometer initially, and/or forty-five (45) days after application to the roadway surface: Product Retroreflectance (Millicandelas) White 175 Yellow 125 The sample rate to determine if the applied markings meet this requirement will be based on a minimum of four randomly selected points taken approximately at quarter points throughout the entire length of the project. Readings taken at each point shall be for each type of marking that is represented at that location. Such as edge lines, lane lines, legends, symbols, stop bars and cross walks. Three readings will be taken and then averaged with the compliance determination based on the average of those three readings. Additional sample points may be taken by the Department. The Department considers the LTL-2000 and MX-30 to be equivalent portable retroreflectometers for determining the requirements stated herein. If approved by the Department, the Contractor may elect to increase bead application rates to ensure conformance within these requirements." From Section 1.0 Specification (page 22­23): 4.3.3 Satisfactory Performance Life All materials shall be applied per the manufacturer's recommendations and per the applicable requirements of the specifications. Satisfactory performance life shall be considered to be achieved if the actual life of the applied markings do not deteriorate due to natural causes and normal road wear within the specified expected pavement marking life times. The minimum expected pavement marking lifetimes are detailed in Special Terms and Conditions, paragraph 17, WARRANTY. The contractor shall correct any unsatisfactory performance conditions within that time frame without

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199 · 80-ft. spacing, a minimum of 4 RPMs must be retroreflective and · 40-ft. spacing, a minimum of 8 RPMs must be retroreflective. The Engineer may make exceptions where road geometry affects RPM visibility. The evaluation may include a videotape recording to be used for additional review and documentation of performance. Upon request, the Engineer will allow a Contractor or manufacturer representative to accompany the Engineer on subsequent evaluations when RPMs do not appear to meet the retroreflectivity requirements. B. Missing RPMs. The Department will perform visual evaluations to determine if RPMs are missing. Upon request, the Engineer will allow a Contractor representative to accompany the Engineer on subsequent evaluations for missing RPMs. The Engineer may exclude RPMs from the replacement provisions of the performance or warranty periods, provided the Engineer determines that the failure is a result of outside causes rather than defective material. Examples of outside causes are extreme wear at intersections, damage by snow or ice removal, and premature pavement failure. 5. Performance Period. Provide a 60-day performance period that begins the day following written acceptance. Replace all RPMs failing to meet Article 4, "Visual Evaluations" during the performance period and within 15 days after notification following the procedures in Article 3, "Construction." The end of the performance period does not relieve the Contractor from the performance deficiencies requiring corrective action identified during the performance period. Provide a contact name, address and phone number for notification of needed RPM replacement. 6. Warranty Period. The warrantor must provide a warranty bond on the form provided and approved by the Department. (See the attached bond form.) The warrantor warranty period is for 1-yr. and starts the day after the performance period ends. The warrantor will replace any RPMs that fail to meet Section 4. A, "Retroreflectivity of RPMs" during the warranty period and within 15 days after notification following the procedures in Article 3, "Construction." The end of the warranty period does not relieve the warrantor from the performance deficiencies requiring corrective action identified during the warranty period. Each manufacturer's warranty does not include replacement of missing RPMs. Provide a contact name, address and phone number for notification of needed RPM replacement. 7. Measurement. This Item will be measured by each RPM. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Section 9.2, "Plans Quantity Measurement." Additional measurements or calculations will be made if adjustments are required.

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200 8. Payment. The work performed and materials furnished in accordance with this Specification and measured as provided under "Measurement" will be paid for at the unit price bid for "Raised Pavement Markers (RPMs) with Warranty" of the types specified. This price is full compensation for removing existing markers; furnishing and installing warranted RPMs and meeting the performance period requirements; providing a warranty bond; and equipment, materials, labor, tools, and incidentals. Payment for "Raised Pavement Markers (RPMs) with Warranty" will be handled in the following manner: A. Initial Payment. When RPM installations receive written acceptance, 80% of the bid price for RPMs of the type specified for that installation will be paid. B. Final Payment. At the completion of all performance periods and the replacement of all RPMs identified during the performance periods that failed to meet the visual evaluations, an additional 20% of the bid price for RPMs of the type specified will be paid.

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201 APPENDIX D15 Agency: West Virginia Department of Transportation Attached Example(s) of Warranty Specifications: Pavement Marking Period Remarks Medium-Life Pavement Marking 1 year The attached document is a sample contract System containing specifications for "medium-life" pavement markings capable of providing at least one year of continuous performance. Short-duration products including solvent-borne paint, methyl methacrylate, and chlorinated rubber will not be approved. This is a true performance specification in that the overall requirement for a medium-life pavement marking system does not specify any particular material. Required aspects of marking application, materials properties, equipment capabilities, and so forth are specified. Pavement marking performance criteria include retroreflectivity, durability, and color retention. The required period of performance is delimited by specific calendar dates in the contract. Snowplow damage is considered normal wear and tear within the contract; thus, contractors would normally be responsible for repairs under the warranty. However, a discussion with WVDOT staff indicates that in exceptionally bad winters, the contractor may not be held responsible for resulting damage to pavement markings. Quality control mechanisms include a Pre- Construction Conference, letters of certification from the materials manufacturer and the contractor regarding suitability of the proposed materials, manufacturer certification of the contractor as installer, and appointment of a contractor's Project Control Coordinator (PCC) to oversee quality control. Contractor's failure to complete repairs of deficient markings within the specified period will cause the contractor to be subject to liquidated damages.

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202 WEST VIRGINIA DOT GOVERNING SPECIFICATIONS: The West Virginia Division of Highway's Standard Specifications for Roads and Bridges, adopted 2000, Supplemental Specifications dated January 1, 2003, Standard Details Book, Volume 2, dated January 1, 1994, the Contract documents and the Contract Plans are the governing provisions applicable to this project. MATERIALS: The pavement marking material shall be formulated as a medium-life pavement marking system capable of providing a minimum of one year of continuous performance. Solvent born paint, methyl methacrylate, chlorinated rubber, or other short duration products will not be approved. The successful Contractor may employ only one (1) paint scheme per Contract unless otherwise directed by the Director of the WVDOH Traffic Engineering Division (a paint scheme consisting of one particular binder, bead type(s), application rate and associated tolerances as specified by the manufacturer). However, the Contractor may utilize any paint scheme on call backs associated with failed pavement markings. There shall be no materials lab testing associated with the warranted pavement marking scheme, but the binder and bead type(s), application rate, and all other particulars shall be provided to the Engineer at the Pre-Construction Conference and a letter of certification from the manufacturer and contractor stating the materials to be used meet the materials specifications set forth in this contract. The Contractor shall not place any pavement markings prior to April 15, 2008. The contract inception date shall be April 15, 2008 for calculating liquated damages. The Contractor shall provide a pavement marking system to meet the following performance requirements: Color determination will be made at any point in time within the contract date. If not a visual match, the diffused day color of the marking shall conform to the following CIE Chromaticity coordinates limits: Table 1 CIE CHROMATICITY COORDINATE LIMITS Color Reflectance Limits 1 2 3 4 Y (%) x y x y x y x y min max White 0.480 0.410 0.430 0.380 0.405 0.405 0.455 0.435 80.0 -- Yellow 0.575 0.425 0.508 0.415 0.473 0.453 0.510 0.490 50.0 60.0 The color shall show no appreciable discoloration due to aging during the life of this contract. Pavement markings shall be visually checked by the Engineer at any time during the life of this contract. Additionally, the Engineer may at any time during the life of this contract use a portable color meter to determine if the markings have faded or darkened beyond the CIE Chromaticity Coordinate Limits. RETROREFLECTIVITY/CONSTRUCTION:

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203 The pavement marking system installed shall at all times during the life of this contract maintain a minimum reflectance value of 200 MCD/M2/LX for white pavement markings and 150 MCD/M2/LX for yellow pavement markings when measured with a LTL-2000 retroreflectometer or equal 30 meter device approved by the Traffic Engineering Division (TED). The Contractor will also be required to take and record a minimum of five (5) readings per day, per color, per pavement marking crew. These readings shall be recorded on the daily report and should be taken throughout the day. The contractor shall provide the printout tape from the LTL readings with the daily Centerline reports. The tapes should have the date, color and route on the LTL Log ID. During the pavement marking contract, the pavement marking materials furnished and installed under this project shall show no signs of failure greater than five (5) percent loss due to blistering, excessive cracking, bleeding, staining, discoloration, smearing or spreading under heat, deterioration due to contact with oil or gasoline, chipping, scaling, spalling, poor adhesion to the pavement, damage from traffic and normal wear. Snowplow damage shall be considered as normal wear within this contract. Retroreflectivity values shall be maintained until October 15, 2008. Loss due to pavement failure, unless caused by the marking material, will not be considered as a material failure and will not be included in the loss calculations and/or retroreflectivity readings. PAVEMENT MARKING REVIEW: There may be periodic pavement marking reviews throughout the project. These reviews will occur at any time after the markings have been placed. These reviews will evaluate the pavement marking material within the project limits for either day and night acceptability considering all requirements listed above. The following method will be used to measure the retroreflectivity acceptance of the pavement marking material: Locate and identify a starting point for measuring retroreflectivity pavement markings for a roadway. Obtain five (5) readings per line that are to be taken over a 1,000 foot section of roadway. Additional test measurements to be taken in one (1) mile intervals, with five (5) readings to be recorded in a 1,000 foot section. At each check point, readings are to be averaged to determine failed areas. If a section has failed, then testing measurements will be taken at one-half mile mark before and after the failed check point. Each of these check points will be defined as 1,000 foot sections prior and after the one-half mark. The readings before and after the failed check point shall be averaged to determine the direction of failed markings. If the initial check point fails, along with both one-half mark check points, then that entire one mile length of pavement markings would be considered to be failed. Roadways that are less than one (1) mile in length shall have ten (10) readings measured throughout the length of the project for each color line the average of these readings shall determine whether or not these pavement markings fail. During the life of this contract if any markings along a 1,000 feet or more section of pavement are found to be deficient for any reason, the Contractor will be given notification stating the locations and the type of deficiency. These notifications will be given at any time during the life of the contract, but no later than October 15, 2008. The Contractor shall completely replace the deficient markings, as directed

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204 by the Engineer within twenty (20) calendar days of the written notification. The retroreflectivity may be checked after re-application to meet the minimum value of that period. If the Contractor does not complete the replacement of all of the deficient pavement markings by the end of the twenty (20) calendar day replacement period, the Contractor shall be subject to liquidated damages as described within Section 108.7 of the West Virginia Division of Highway's Standard Specifications until replacement is completed. These liquidated damages shall not stop during the winter shut-down period and shall be in combination with any other liquidated damages incurred. No direct payment shall be made for the replacement of any deficient pavement marking during the one year warranty period as such work shall be considered as incidental to the work as paid for by the various pavement marking items in the contract. APPROVAL OF CONTRACTOR'S EQUIPMENT AND PERSONNEL: The Contractor (prior to commencement of the project) shall submit to the Engineer a detailed list of all equipment and the resumes of all personnel within the confines of this project. The Contractor shall also provide certification from the binder manufacturer that the Contractor is qualified to apply the manufacturer's material in conformance with these specifications. Drivers and operators with less than one year of experience shall not be used on this project. The Contractor is responsible for quality control, and to that end, shall employ a Project Control Coordinator (PCC) at the Contractor's expense. The PCC shall be designated and in attendance at the Pre-Construction Conference. This PCC shall be a member of the District Pavement Marking Crew. The PCC shall be responsible for all communication between the District Pavement Marking Crew and District Personnel. Communications shall be provided to the District, and shall be employed between the PCC and the District in the form of cellular phone technology, two-way radio, or other form of communication during working hours (communications shall be at the Contractor's expense and shall be integral to the contract cost). The PCC shall be required to fill out all Daily Centerline Report(s) and provide these completed forms to the Engineer. The Contractor shall provide the District all collective daily centerline reports on a weekly basis. The Contractor's weekly centerline reports shall be delivered to the Engineer the first work day of the following week. Failure to deliver centerline reports to the Engineer shall invoke daily liquidated damages as described in Section 108.7 of the West Virginia Division of Highway's Standard Specifications for each calendar day that the Contractor fails in delivering these centerline reports. The Engineer will randomly check the accuracy of these reports. If a discrepancy of more than 2% is found, the Contractor will be required to have an independent consultant, approved by the Division, to verify all pay items on this contract. The cost of the consultant will be the responsibility of the Contractor--the Contractor will not be reimbursed by the Division for consultant services. The Contractor's striper shall be equipped with electrical foot counters. The counters shall individually tabulate the amount of footage applied by each striping gun whether solid or dashed. The counters shall be six digit types with a reset feature. The Contractor shall determine the accuracy of the foot counters and establish an adjustment factor as required to determine the pay item quantities. The foot counters shall be periodically checked to assure accurate measurements. No paint shall be applied without the accurate operation of the foot counters. The Contractor shall provide the Engineer with a certified document on these calibrations. The Contractor shall employ a mechanical sweeper-blower unit powerful enough to remove normal highway dirt and debris. This unit shall not be part of the pavement marking truck and this shall be incidental to each respective bid item.

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205 The Contractor shall use an accurate dashing mechanism, capable of being adjusted to retrace existing lane or center line markings. APPLICATION OF PAVEMENT MARKING MATERIAL: The pavement marking material shall be mixed uniformly throughout and shall have a homogeneous disbursement of color and beads when applied to the pavement. Pavement marking lines shall be straight or of uniform curvature and shall conform with the tangents, curves, and transitions as specified in the pavement marking standards and/or as directed by the Engineer. The finished lines shall have well-defined edges and be free of horizontal fluctuations. The lateral deviation shall not exceed 1.5 inch from the proposed location alignment as specified in the Standards and /or directed by the Engineer. When striping interchanges, material will be applied for the full length of all ramps, including all wraps around all islands and curbs, gore areas, etc. The Contractor shall be responsible for removing all pavement marking materials spilled upon the roadway surface or adjoining area. The Contractor shall use methods acceptable to the Engineer for removing the spilled material. Any pavement marking which is crossed by a vehicle and tracked shall be replaced and any subsequent marking made by the vehicle shall be removed by methods acceptable to the Engineer and at no additional cost to the Department. The Department will be responsible for coding and spotting where old markings cannot be determined or if the Department desires to make changes in existing markings. The Department must be given notification of twelve (12) days prior to commencement of work in area. Prior to commencement of work, and only if required by the binder manufacturer, all existing edge, lane or center lines will be fully eradicated in accordance with Section 636.7--Eradication of Pavement Markings. When eradicating lane or center lines, the Contractor shall replace the lines within twenty-four hours from the start of eradication. The eradication shall be incidental to Pay Items 663001-004"#" and 663002-005"#." The Contractor shall be responsible for cleaning and/or replacing any Raised Pavement Markers (RPMs) that are painted. The Contractor, when painting center lines, shall either offset or retard pavement marking lines to avoid painting the RPM reflectors. RESURFACING PROJECTS AND PRIORITY PAINTING: At the Pre-Construction Conference the Contractor will be provided with county maps and tables showing roadways to be painted. The contractor shall paint the centerline and or lane line on all routes by July 1, 2008. The centerline and or lane line shall be designated as priority painting. The Contractor shall be assessed liquidated damages for failure to meet this Priority Pavement Marking Date (PPMD) as shown in Schedule "A" per day, for each calendar day, that any of the routes are not marked with center line or lane line. The Contractor may begin painting on or after April 15, 2008.

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206 Schedule A--Priority Pavement Marking Date (PPMD) = (Contract Bid Price/Total Days in Contract) * Delinquent Days (Total Days within Priority Period/%of Priority Markings Completed) EXAMPLE: GIVEN: Contract inception date April 15, 2008 Total days in contract = 107 Required Priority completion date July 1, 2008 Contractor's Priority completion date July 15, 2008 Percentage Priority route completed as of completion date = 90% Contract bid price $500,000 Delinquent period = July 1, 2008 until July 15, 2008 (Calendar days which exceed the July 1st deadline, which include permitted weather days. Delinquent days not to exceed 107 calendar days.) ($500,000/107) * 15 days = $1011 per day/per delinquent period (77*0.9) = $16,515 Total liquidated damages Once the Contractor begins, he shall continue the pavement marking contract until all of the scheduled routes are completed. All pavement markings on all scheduled routes shall be completed by August 1, 2008. The contractor shall be assessed liquidated damages as described in Schedule "B" for each calendar day that the Contractor exceeds the contract completion date. The Contractor may be called back after this date to do additional painting; however, no call-backs shall be issued after October 15, 2008. Schedule B--Project Completion Liquidated Damages (PCLD) = Bid Price * Estimated Roadway Marking Uncompleted (%) Total Number of Days in Contract EXAMPLE: GIVEN: Contract inception date April 15, 2008 Completion date August 1, 2008 Percentage of roadway marking uncompleted 20% Total bid price $500,000 Actual completion date August 16, 2008 Delinquent period = Aug. 1, 2008 until Aug. 15, 2008 (Calendar days which exceed the August 1st deadline which include permitted weather days). ($500,000*0.20) = $935.00 per day/ per delinquent period 107 = $935.00 * 15 days = $14,025 Total liquidated damages

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207 REPLACEMENT (CALL-BACK) PAVEMENT MARKINGS: The Engineer will try to provide the Contractor with a schedule of resurfacing projects and their anticipated completion dates. However, the Contractor will not be allowed to perform any additional pavement markings not allowed for in the contract during the priority phase of this contract 4/15/2008­ 7/1/2008). After the Contractor has completed the priority phase of this contract, the Engineer shall have as his/her option the judgment to utilize the District Pavement Marking Contract `OR' the District Recall Pavement Marking Contract to perform additional pavement markings not designated in this contract. This call-back shall be at the Engineer's discretion and the appointed Contractor shall be required to begin pavement markings for additional routes or for completed roadway projects upon notification within ten (10) working days. Priority call-back may be required to begin within 24 hours but shall not be any later than three (3) working days. The Contractor will be required to place full compliance pavement markings, meaning the center line or lane line and edge line within the ten (10) working days, or three (3) working days for the priority call-back. The Engineer may add or eliminate any route to or from the schedule, if, because of low traffic volumes or other reasons, if the Engineer determines the route does or does not require pavement markings. The Contractor will be paid one unit of the Bid Item--204003-000 "Mobilization, Per Job Order" for each time the Contractor is called back to a District. The Contractor shall be paid "Mobilization Per Priority Job order--Bid Item 204001-000" for each time he is called back to the District for priority Call-Back. The Contractor will also be paid "Mobilization, Per Mile"--Bid Item 204002-000 to compensate for the mileage between the District Headquarters and the County Headquarters if the Call-Back requires the Contractor to place pavement markings outside the District Headquarters County. The Contractor will also be paid "Mobilization, Per Mile" if the Engineer directs the Contractor for pavement marking which would require the Contractor to move outside the county he is working in. The Contractor will not be paid "Mobilization, Per Job Order" if he/she is already in the District. The Contractor will not be paid "Mobilization, Per Mile" if the approved weekly schedule requires the Contractor to be in the county of the route to be painted. LIQUIDATED DAMAGES: If the Contractor does not begin pavement marking within a notifications specified time, he shall be assessed liquidated damages as described in Section 108.7 of the West Virginia Division of Highway's Standard Specifications for each calendar working day after the respective notifications time constraints placed on the Contractor until painting begins.

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208 TRAFFIC CONTROL: Maintenance of Traffic shall be in accordance with Section 636 of the West Virginia Division of Highways Standard Specifications Roads and Bridges, adopted 2000, as amended by the West Virginia Division of Highways Supplemental Specifications, dated January 1, 2003, the Contract Documents and the Contract Plans. These are the governing provisions applicable to the project, and the manual, Traffic Control for Street and Highway Construction and Maintenance Operations, May 2006; which is made a part of this contract and the traffic plan for individual segments as described below: Reflective sheeting used on temporary traffic control devices within the scope of this project shall be of new condition and meet the requirements of the WVDOH Approved Products Listing (APL). Night visibility and legibility shall be maintained for all temporary traffic control devices. Traffic control shall be in accordance with Case D4 of the manual, Traffic Control for Street and Highway Construction and Maintenance Operations, May 2006, with the exception that the trail vehicle shall be protected with a Type VII (Truck Mounted Attenuator) impact attenuation device when painting ex- pressways, Cost for all traffic control, including truck mounted attenuators (TMAs), electric arrows, flagging, signs, flashers, etc., shall be incidental to Items 663001-005(#) or 663002-004(#). The Contractor is prohibited from placing pavement markings on US and WV Routes within City Limits or other high ADT areas during peak hour periods (7:00 AM­9:00 AM, 4:00 PM­6:00 PM) unless otherwise directed by the Engineer, or at any other peak time as designated by the Engineer. METHOD OF MEASUREMENT/PAYMENT: The quantity of pavement marking lines to be paid for shall be the actual number of linear miles of pavement markings which have been satisfactorily placed. The quantities for lane lines show the approximate equivalent 4-inch solid lane miles. The Contractor will be paid for actual 4-inch solid miles applied as determined by the Engineer. When applying 6-inch lines, the Contractor will be paid 1.5 times the rate for a 4-inch line and when applying an 8-inch line, the Contractor will be paid 2 times the rate of a 4-inch line. PAY ITEMS: The paint pay items for this contract shall be as follows: Item 204001-000 Mobilization LS Item 204002-000 Mobilization, Per Mile MI Item 204003-000 Mobilization, Per Priority Job Order EA Item 204003-000 Mobilization, Per Job Order EA Item 663001-005 Edge line, Type II, White MI Item 663001-005 Edge line, Type II, YellowMI Item 663002-004 Lane Line or Centerline, Type II, White MI Item 663002-004 Lane Line or Centerline, Type II, Yellow MI

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209 COMPLETION OF WORK: All work shall be completed by August 1, 2008. The Contractor shall be assessed liquidated damages as described in Table 2, Schedule B, per calendar day for each day after August 1, 2008 that work is not completed. There shall be no stoppage of the penalty due to winter shut-down. PERFORMANCE BOND: The Contractor's performance bond may be retained until February 1, 2009.