Performance-Based Pavement Warranty Practices (2020)

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A P P E N D I X C Agency Warranty Specifications and Special Provisions C-1 Maine DOT (SECTION 106.9 Warranty Provisions) 106.9.1 Warranty by Contractor. The Contractor unconditionally warrants and guarantees that the project will be free from warranty defects for one year from the date of Physical Work Complete. For a related provision, see Section 107.9.3. If the Department discovers any warranty defects during the warranty period, the Contractor agrees to promptly perform all remedial work at no additional cost or liability to the Department. For a related provision regarding obligations regarding plantings, see Section, 621.0036 - Establishment Period 106.9.2 Warranty Definitions. Notwithstanding any other provision of the Contract, the following words or phrases have the following definitions for the purposes of the Contractor’s warranty obligation under this Contract. Warranty Defects. Warranty Defects are conditions that result from material, manufacture, or workmanship and that are not in conformity with the Contract or with industry standards applicable to the work prevailing at the time of submission of the bid. Warranty defects do not include (A) normal wear and tear, (B) conditions caused by occurrences clearly beyond the Contractor’s control and not attributable to material, manufacture, or workmanship, and (C) Defects in landscape items that are the subject of Landscape Establishment Period Obligations. Examples of such excepted occurrences might be fires, floods, abnormally poor weather for the site of work, accidents, improper use, improper maintenance, vandalism, or acts of God. Emergency. Emergency means necessary for public safety or convenience, as determined by the Department. Promptly. Unless an emergency, “Promptly” means in the first construction season after the Contractor has been notified of the defect(s), but always within one year of such notice. In case of emergency, promptly means within 48 hours. Remedial Work. “Remedial Work” means all work necessary to make the item in like new condition as reasonably determined by the Department and performed in accordance with the Contract and in a good and skillful manner. Remedial Work includes all design, permitting, project management, supervision, materials, and labor, including erosion control and traffic control. 106.9.3 Remedial Work Procedure and Requirements. Within (30) Days of being notified of warranty defects, the Contractor shall submit to the Department for approval a Remedial Work Plan including the scope of work, conceptual work methods, schedule, construction phasing, and other significant aspects of the work (the “Work Plan”). Unless otherwise provided by the Department in writing, any work commenced prior to Department’s approval of the Work Plan will be at the Contractor’s sole risk. Before starting any on-site work, the Contractor shall deliver to the Department certificates of insurance complying with Section 110.3 - Insurance. If the estimated cost of remedial work exceeds $100,000, the Contractor shall provide performance and Payment Bonds complying with Section 110.2 - Performance and Payment Bonds. If (A) the Contractor fails to submit a Remedial Work Plan, (B) the Contractor does not comply otherwise with written instructions from the Department, or (C) a State of emergency exists in which delay would cause serious risk of loss or damage, then the Department may perform or Contract for such remedial work and the Contractor

C-2 Performance-Based Pavement Warranty Practices will be responsible for all claims, costs, damages, losses, and expenses arising out of such work including fees and charges of engineers, consultants, attorneys, dispute resolution professionals, and court costs. Upon a final inspection satisfactory to the Department, the Department will issue a written acceptance of the remedial work. The Contractor warrants and guarantees all remedial work to be free from warranty defects for one year after such acceptance. 106.9.4 Other Warranty Provisions. The Contractor hereby assigns to the Department the right to enforce all manufacturer’s warranties or guarantees on all materials, equipment or products purchased for the work that exceed the nature or duration of the warranty obligations assumed by the Contractor under this Contract. The Performance Bond and/or Warranty Bond required by Section 110.2.1 - Bonds shall cover all warranty obligations of the Contractor provided by this Contract. Final Acceptance by the Department does not relieve the Contractor of any warranty obligations provided by this Contract. The Contractor agrees that the warranty obligations provided by this Contract shall be reported as an outstanding obligation in the event of bankruptcy, dissolution, or the sale, merger, or cessation of operations of the Contractor. New York State DOT Detailed Specifications – Chip Seal Bonding Requirements: A. Within 10 calendar days of receipt of a purchase order from the State, the contractor shall provide the State agency the following: 1. Maintenance Material Bond. A bond in the form similar to the sample included in this Invitation for Bids with sufficient sureties approved by the State’s resident engineer guaranteeing replacement of deficient material in the form included in this Invitation for Bids. This bond shall remain in place for one year after final acceptance of the project by the State or until August 1 of the year following completion of the project, whichever is later. 2. Amount of Bond. The amount of the Maintenance Material Bond shall be 100% of the amount of the project’s cost. 3. Requirements of Bonds. All Bonds shall be issued by a surety company approved by NYSDOT and authorized to do business in the State of New York as a surety. B. The procedure of the Maintenance Material Bond shall be as follows: 1. No later than June 1 of the year following the State’s acceptance of work completed under this contract, the State will evaluate the project for aggregate retention, flushing or bleeding, aggregate embedment and bonding to the existing pavement. 2. The contractor agrees to repair all areas that demonstrate less than 90% aggregate retention, as determined by the State, on the overall project caused by improper workmanship and/or defective materials. In addition, the contractor agrees to repair individual areas that are flushed or bleeding, as determined by the State, caused by improper workmanship and/or defective materials irrespective of the percent of aggregate retained. Such repairs, however, shall not include any damage resulting from any forces or circumstances beyond the control of the contractor. The evaluation of the chip seal (conventional and fiber reinforced) shall be made by the State’s resident engineer. If the contractor does not agree with the evaluation it may appeal to the State’s Regional Director of Operations whose decision shall be final. Any resultant property damage deemed by the State’s Regional Director of Operations caused by improper workmanship and/or defective materials shall be the responsibility of the Contractor. 3. On or before June 10, in the year immediately following the State’s acceptance of the chip seal project, the State shall notify the contractor of any areas deemed deficient by the State. The contractor will initiate and complete the remediation within 30 days of notification. 4. Prior to the performance of repairs in the field, the contractor shall supply the State’s resident engineer with copies of applicable insurance certificates. During the performance of any necessary repairs, the contractor shall comply with the all provisions of the original contract including among other things the work zone traffic control provisions.

Agency Warranty Specifications and Special Provisions C-3 Warranty Requirements for Hot Mix Asphalt (HMA) Top Course I. AVAILABILITY A Contractor may request the use of a warranty provision against defects attributed to operations during construction of the hot mix asphalt (HMA) surface course pavements, including shoulders. The warranty specification is only available for surface course placed outside the seasonal limits, but which meets the other requirements of §402-3.01 Temperature and Seasonal Limitations. The Contractor is responsible for initiating the warranty, performing work under the warranty in conformance with the specifications, and correcting any defects covered by the warranty. The Engineer will administer the warranty requirements in accordance with MURK Part A (Contract Administration Manual) §105-19 Contractor Warranties. II. WARRANTY IMPLEMENTATION A. Notice The Contractor shall request the use of the warranties from the EIC in writing at least 14 calendar days prior to the beginning of warranty work. The warranty need only be elected once for the Contractor to warranty paving work. The Contractor may warranty different sites at different times once they elect the warranty; however, the Contractor must notify the EIC of the intent to perform warranty work at additional locations, prior to starting work. The EIC will discuss the Contractor’s proposal with the Construction Area Supervisor to ensure that the request fulfills the intent of the specification. B. Pre-Warranty Meeting The EIC and Contractor shall conduct a pre-warranty meeting prior to the Contractor beginning warranty work. The parties will review and complete the Pre-Warranty Work Meeting Check List during the meeting. The purpose of this meeting is to ensure both parties fully understand the intent and scope of the warranty specification and to discuss and resolve potential impediments to the success of the warranty pavement. C. Warranty Report The Contractor shall record, and submit to the Department, all information necessary to accurately define the limits and location of warranty work completed in a HMA Pavement Warranty Report. The report shall document information including quantity placed, location of pavement placed by station or route/reference marker and offset, and dates/times of performance of the work. The Contractor shall submit the warranty report to the EIC as soon as warranty work is complete for each location of warranty work. The EIC will sign and date the warranty report to indicate acceptance of the warranty work upon completion by the Contractor, and to start the warranty. This acceptance serves only to acknowledge that the work operation to be warranted has been completed and establishes the date the warranty begins. The EIC will attach a copy of the warranty report to the Daily Work Report (DWR). III. DEFINITIONS FOR WARRANTIES A. Work Phase shall commence on the date of the contract award and end on the date of contract final acceptance. B. Acceptance of the Work shall mean the date the Department issues the contract final acceptance. C. Warranty Phase shall mean: 1. For warranty work completed within one year prior to the contract completion date, the warranty phase is the one year period from the time the Department approves completion of the item of work for which the Contractor is providing the warranty, or 2. For warranty work completed before the one year period described in (1) above, the warranty phase shall run from the time the Department approves completion of the items of work for which the Contractor is providing the Warranty until acceptance of the work. 3. No warranty shall commence until all items set forth in “Warranty Work” have been completed and approved by the Department. If the contract is terminated in accordance with §105-07 Termination, the warranties with respect to all work performed under this contract by the Contractor prior to such termination shall be deemed to commence on the day immediately preceding the effective date of such termination, and shall run for the one year period described in (1) above.

C-4 Performance-Based Pavement Warranty Practices D. Acceptance of the Warranty Phase shall mean the acceptance of the warranty work following the date of the expiration of the warranty. E. Warranty Work shall mean all top course material placed (permanent pavement and shoulders) including any other items of work necessary to perform such work once the warranty is elected by the Contractor. IV. CONTRACTOR WARRANTIES The Contractor warrants to the Department with respect to warranty work as follows: • that at the conclusion of the warranty phase, the completed work shall be fit for its intended purpose; • that the work shall be free of defects as listed herein (both latent and patent); • that materials, supplies, and equipment furnished under this contract shall be of good quality; • that all work has been performed in a workmanlike manner; and • that all work shall meet all of the requirements of this contract. A. Defective Work Criteria The Department has ultimate authority to decide whether work is defective. The following are the pavement characteristics which the Department shall consider defective in the warranty work but are not limited to: 1. Corrugations – A series of ripples occurring at fairly regularly spaced intervals perpendicular to the pavement centerline that usually occur at points where traffic accelerates and decelerates. No corrugations shall appear during the warranty period. 2. Slippage Cracks – Crescent or half-moon shaped cracks typically produced by vehicles braking or turning their wheels causing the pavement surface to slide or deform. No slippage cracks shall appear during the warranty period. 3. Raveling – A progressive deterioration of the pavement surface caused by the dislodging of aggregate particles, typically at the longitudinal joint(s) and wheel tracks. No raveling shall appear during the warranty period except for occasional popouts resulting from unsound aggregate particles. 4. Longitudinal Joint Separation – A separation, sometimes having the appearance of a crack, in the longitudinal joint between lanes that occurs when either the paver screed has insufficient material or the paver is misaligned. No separation shall appear during the warranty period. 5. Wheelpath Rutting – Longitudinal surface depressions in the wheelpaths. No rutting in excess of ¼ inch shall appear during the warranty period. 6. Potholes – Relatively small holes that penetrate through the surface course. No potholes shall appear during the warranty period. 7. Delamination – Breaking up of the surface course into fragments due to no bond between the surface layer and the layer immediately below it. No delamination shall appear during the warranty period. B. Corrective Work. Corrective work to be performed by the Contractor shall include repairs to pavement deficiencies defined herein. The repairs shall be made in areas delineated by the EIC and may include one or a combination of the following items to restore the intended pavement service life: 1. Removing the pavement surface course, including shoulders if necessary, by milling and replacing in kind; 2. Paving a 1 ½ inch overlay on the existing surface, including shoulders, with the surface course specified in the contract; and 3. Routing, if applicable, and sealing longitudinal joint separation. The Department reserves the right to select an appropriate treatment(s) which will restore the intended service life of the warranted pavement. This may include additional items not listed above. C. Warranty of Subcontractor/Material Supplier The Contractor shall guarantee and warranty any work, including the performance of a subcontractor and/or material supplier. Upon receipt from the Department of a notice of rejection of any of the work, to satisfy any warranty work performed by a subcontractor, the Contractor shall enforce or perform any such warranty or guarantee. Until the termination of the warranty period, the cost of any labor, equipment, materials, including re - engineering or rework, supervision or overhead shall be the responsibility of the Contractor and the Contractor shall replace or repair defective materials or workmanship furnished by subcontractors or suppliers.

Agency Warranty Specifications and Special Provisions C-5 V. INSPECTION The Department will inspect all warranty work within one year of placement of hot mix asphalt top course subject to these warranty provisions. The Department will solely make the determination and notify the Contractor whether the warranty work is accepted or found to be defective. VI. DEFECTIVE WORK If the warranty work is found to be defective, the EIC and the RME or their designees and representatives of the Contractor and Material Supplier shall meet within 14 calendar days of such notice to inspect the defective work. Defects in warranty work will be documented by the Department and provided to the Contractor using Warranted Work Inspection Report. The Department has ultimate authority to decide whether work is to be rejected. The Contractor shall correct defective work that fails to conform to the contract and/or the warranties. The Contractor shall bear all costs associated with correcting such rejected work, including any independent testing necessary to resolve disputes. No liquidated damages or engineering charges will be assessed upon a Contractor for performing repairs to warranty work. VII. DURATION OF WARRANTY The Contractor’s applicable warranties shall apply to any corrective work and shall remain in effect until the expiration of the one year warranty period for the initial work, or contract final acceptance, whichever is longer. VIII. SCHEDULE FOR CORRECTIVE WORK Within 7 calendar days after the meeting between the Department and Contractor, the Contractor and the Department shall mutually agree when and how the Contractor shall perform corrective work. In case of an emergency requiring immediate corrective action, the Contractor and the Department shall agree on such remedy immediately upon notice by the Department of such emergency. Should the Contractor and the Department fail to reach such an agreement within such 7 calendar day period (or immediately in the case of emergency conditions), the Contractor shall proceed as directed by the Department and shall follow the process outlined in §105-14 Disputed Work and Dispute Resolution provisions. If the Contractor does not use its best efforts to proceed to complete said remedy within 30 calendar days of the time agreed to, or should the Contractor and the Department fail to reach such an agreement within such 30 calendar day period (or immediately in the case of emergency conditions), the Department, after notice to the Contractor, shall have the right to perform or have performed by third parties the necessary remedy and the costs thereof shall be borne by the Contractor, or pursue any other option in accordance with the terms of the performance bond. IX. DISPUTE RESOLUTION If the Contractor disagrees with the basis of the rejection of the warranty work by the Department, the Contractor shall follow the process outlined in §105-14 Disputed Work and Dispute Resolution provisions. If the dispute continues, final payment should not be processed or accepted. After the final payment is made and accepted, the Department cannot make any additional payments to the Contractor and any payment provisions of §105-14 Disputed Work and Dispute Resolution are not applicable. However, the parties shall use the process contained therein to resolve issues regarding rejected work. Notwithstanding the provisions of §107-06 Insurance, and the bond requirements as contained in the contract, the Contractor’s bonds and insurance shall remain in effect throughout the duration of any dispute and subsequent corrective work, including any corrective work which is scheduled beyond the Warranty Phase. X. INSURANCE Additional insurance coverage is required only if the warranty period extends beyond the contract final acceptance. The Contractor shall submit proof of insurance in accordance with §107-06 Insurance. The insurance shall be in place for the entire period of the warranty (work phase and warranty phase). In the event there is more than one warranty location, the insurance coverage shall remain in force through the date that the last warranty period expires. XI. BONDS Faithful performance and labor and materials bonds are required only if the warranty period extends beyond contract final acceptance. D. Warranties and Guarantees The warranties of this section are in addition to the warranties and guarantees of the original contract.

C-6 Performance-Based Pavement Warranty Practices The Contractor must submit faithful performance and labor and material bonds prior to the beginning of the warranty phase. The bonds shall conform to the contract requirements and shall be for the full value of the items which constitute all warranty work submitted by the Contractor. If there is more than one warranty location, the amount of the bond required will be the sum of the full value of each of the warranties. XII. STATUTE OF LIMITATIONS A. Any Statue of Limitations or Notice provision relative to work phase claims shall commence on the date payment for the final estimate for the work phase is issued. B. Any Statue of Limitations or Notice provision relative to warranty phase claims, for the warranty period defined in Paragraph III.C.1., shall commence on the date of acceptance of the warranty phase. Ohio DOT Supplemental Specification 880 - Asphalt Concrete with Warranty 880.01 General. This work consists of constructing one or more courses of asphalt concrete mixed in a central plant and spread and compacted on a prepared surface in accordance with these specifications and in reasonably close conformity with the lines, grades and typical sections shown on the plans or established by the Engineer. Warrant the asphalt concrete for seven years. 880.02 Maintenance Bond. Furnish a maintenance bond for a seven year period in an amount equal to 30 percent of the total amount bid for Item 880 with the performance and payment bonds specified in 103.05. Ensure the Surety that underwrites the maintenance bond has an A.M. Best rating of “A-” or better. Include the cost of the maintenance bond in the pay item for the premium for the contract performance and payment bonds. The effective date of the maintenance bond is the date the Department’s Form C-85 is issued for the pavement. The Department will issue a final C-85 within 30 days after all of the pavement items, including all safety items, are completed and accepted and the pavement is open to traffic. The Department will issue a partial C-85 within 30 days after the pavement is completed, either with or without surface course, accepted, and all safety items are in pl ace to allow the pavement to be safely open to traffic during the winter months from December 1 to April 30. The Department will issue no more than one C-85 each calendar year except with approval of the Director. After the final or partial Form C-85 is issued, the Department will notify the Surety. After the final Form C-85 is issued, the Department will also establish all final quantities for the project and the project will be finalized using standard procedures. The maintenance bond expires seven years after the issuance of Form C-85. Maintain the liability insurance specified in 107.12, insuring against Contractor or Contractor authorized operations negligently performed during the warranty period. Ensure the insurance is in effect throughout the warranty period. Send a copy of the Certificate of Insurance to the District each year. 880.03 Warranty Item Coverage. Warranty items and Remedial Actions are specified in Table A. The warranty applies to all Item 880 pavement including, but not limited to, the mainline pavement lanes, shoulders, accelerations/decelerations lanes, collector/distributors and ramps. Construct shoulders using the same asphalt concrete mixture and construction procedures as the mainline and ramps. The warranty does not apply to structural problems below the pavement placed as part of this project, provided the structural problem is not the fault of the Contractor. The Threshold Levels are based on the 0.1 mile (160 m) Segments described in 880.05. Do not construe meeting the minimum requirements and guidelines of this specification as a warranty, expressed or implied, as to the material properties and workmanship efforts required to meet the performance criteria set forth in Table A. The Design Designation in the plan is an indication of the level of traffic expected on this project. Design information, criteria, and calculations are on file with the Department. The Department will waive the warranty requirements of a Section if the cumulative number of Equivalent 18,000 pound Single Axle Loads (ESAL’s), calculated using current information and established Department procedures, exceeds the design calculated ESAL’s, prorated for the period of years specified in the pay item, by 20 percent or more.

Agency Warranty Specifications and Special Provisions C-7 880.04 Mix Design and Materials. Provide mix designs and materials conforming to the following minimum requirements: Meet or exceed the quality requirements of 703.05 for virgin aggregate used in the top 3.0 inches (75 mm). If the Design Designation indicates the current year’s trucks to be greater than or equal to 1500, the maximum recycled asphalt pavement that may be used in top 3.0 inches (75 mm) is 10 percent for the surface course and 35% for any intermediate course provided the virgin binder content for the intermediate course is not less than 3.4 percent. If the Design Designation indicates the current year trucks are less than 1500, the maximum recycled asphalt pavement that may be used in the top 3.0 inches (75 mm) is 30 percent provided the virgin binder content is not less than 3.4 percent. Apply all the requirements of 401.04 except the RAP amounts allowed for surface and intermediate courses in Table 401.04-1. Meet or exceed the PG 70-22M requirements of 702.01 for asphalt binders used in the top 3 inches (75 mm) of the pavement if the Design Designation indicates the current year trucks are greater than or equal to 1500. Meet or exceed the PG 64-22 requirements of 702.01 if the Design Designation indicates the current year trucks are less than 1500. For asphalt concrete placed in the top 3.0 inches (75 mm), include in the JMF mix components and volumetric data for the mix. These submittals are for establishing the conversion factors used in 880.09 and verification of the above minimum requirements. Use Item 301 or 302 for all material placed below the top 3 inches (75 mm). All requirements of 301 or 302 apply except the Method of Measurement and Basis of Payment which will be done according to 880.08 and 880.09, respectively. Use the Contractor’s previously approved QCP meeting 403.03 for Item 301 or 302 material placed. For material placed in the top 3 inches (75 mm) there are no QCP requirements. Job Mix Formula. Do not co-mingle multiple JMFs in the asphalt paver. Tack Coat. Determine the need and type of tack coat to use on the existing pavement or between pavement layers. Include the cost of any tack coat in the cost for this item. Surface Tolerances. Ensure the completed surface course meets 401.19, unless the surface tolerance requirements for pavement are modified elsewhere in the contract documents for this project. Notification. Notify the Engineer a minimum of 24 hours prior to paving. Notify the Engineer a minimum of 24 hours prior to resuming paving if there is no paving for one week. 880.05 Annual Review Process. The project will be divided into 1 mile (1600 m) Sections. The width of each Section will be the width of a single lane or shoulder. Each Section will be divided into 0.1 mile (160 m) Segments. Each year, between March 1 and April 30, the project will be reviewed by a District Review Team (DRT). This date period may be revised by mutual agreement of the Department and Contractor. The DRT will notify the Contractor of the scheduled review. The Contractor or any other interested party may attend the annual review, for observation only. Any comments by the Contractor or other interested party will be recorded by the DRT. The DRT will select at least two Segments in each Section to review, but may review the entire Section. The Department will issue the results in writing to the Contractor within 15 days after completion of the review. The District Deputy Director may waive this yearly review for all or part of the project based on the results of a preliminary review by a member of the DRT. Any such waiver will be in writing to the Contractor. 880.06 Remedial Actions. The intent of this contract is for the Contractor to provide a maintenance free pavement. If performing routine maintenance during the warranty period, limit this routine maintenance to routing and sealing the pavement with Type 1 crack seal in accordance with Item 423 or other repairs authorized by the Department. Provide construction traffic control when performing any work required or allowed by this specification during the warranty period in accordance with current Department policy and the Ohio Manual of Uniform Traffic Control

C-8 Performance-Based Pavement Warranty Practices Devices for Streets and Highways. Obtain Department approval for the time the work will be performed. Any major change in Department construction traffic control policy from the time of bid will be considered a changed condition. Supply all materials, equipment, and labor to perform Remedial Actions at no additional cost to the Department. Obtain approval from the Engineer for asphalt concrete used for Remedial Action work or replacement of sampled areas (See Table A Note 5). The Engineer will take into account the Department’s design criteria for the pavement type. The depth of a repair area may be increased by the Engineer to allow for the size of aggregate in the asphalt concrete. The Engineer may approve alternatives to the extent or type of specified Remedial Action. Replace pavement markings or raised pavement markers (RPM) removed or obliterated while performing a Remedial Action with pavement markings or RPMs equal to or better than the original products at no cost to the Department. Perform all Remedial Actions, except crack sealing, on or before September 30. Perform crack sealing between October 1 and November 15. If an appeal process goes to Step 3, the District may revise the date for completion of the Remedial Action for the appealed item. Prior to performing a Remedial Action, submit a Remedial Action plan to the Engineer for approval. State in the plan when and how the Remedial Action will be performed; what material will be used; and how traffic will be controlled. Warrant Remedial Action work for the remainder of the warranty period. The Department will perform emergency work, repairing pavement distresses which are hazardous to the traveling public. If the emergency work is extensive, the Department may authorize the Contractor to perform the repairs. The District Construction Administrator (DCA) will determine if the distress is or is not the responsibility of the Contractor. If the DCA determines the distress is the responsibility of the Contractor, the cost, including construction traffic control, of emergency work performed by the Department will be charged to the Contractor. If the DCA determines the distress is not the responsibility of the Contractor, the Department will pay for Contractor performed repairs according to 109.05. The Contractor is not responsible for pavement damage beyond the Contractor’s control (i.e., car fire, oil spill, etc.). The DCA’s determination may be appealed in accordance with 880.07. 880.07 Appeal Process. Findings of the DRT may be appealed. Submit any appeal to the DCA, in writing, within 15 days after receipt of the written results of the DRT. If the results include Rutting beyond the Threshold Level, the submission time limit is changed to 15 days after removing the slabs (See Table A Note 5) for a dispute over Rutting only. The DCA will evaluate appeals. This evaluation will include reviewing the disputed area in the field and consulting with the Office of Construction Administration. The evaluation may also include reviewing test data, obtaining samples, or interviewing Department (District or Central Office) or Contractor employees. The DCA’s determination will be issued in writing to the Contractor within 45 days after the DCA receives the appeal. If in disagreement with the DCA’s determination, appeal the determination using Step 3 of Proposal Note 109 Dispute Resolution and Administrative Claim Process. 880.08 Method of Measurement. The Department will use 401.21 for measurement. The Laboratory will establish the conversion factor. 880.09 Basis of Payment. The requirements of 401.20 and 401.22 apply. The Department will not pay for materials, equipment, or labor required to perform Remedial Actions or routine maintenance. The Department will pay for accepted quantities, completed in place, at the contract prices as follows: Item Unit Description: 880 Cubic yard (cubic meter) Asphalt concrete (7 year warranty) TABLE A – WARRANTY ITEMS AND REMEDIAL ACTIONS Distress Type Threshold Level (per Segment) (allowable distress levels) Remedial Action Cracking (1) 500 feet (150 m) of cracks which average over 0.25 inch (6 mm) width (6) Disintegrated Area (2) None (7) Flushing 125 square feet (12 square meters) (8) Previous Patching (3) 300 square feet (28 square meters) (9) Rutting (4) (5) 0.375 inch (9.5 mm) (7) (1) This applies to all cracks, except longitudinal cracks above the interface of a rigid base pavement and a flexible pavement. The width of multiple cracks in a 1 foot (300 mm) wide area is totaled to determine the width of the crack.

Agency Warranty Specifications and Special Provisions C-9 (2) This includes all types of disintegration, including, but not limited to, mix delamination, potholes, and raveling. This includes any type of disintegration that occurs at a joint or crack. (3) Previous Patches consist of Remedial Actions made by the Contractor or patches made by the Department in distressed areas that were determined to be the Contractor’s responsibility. An area of multiple patches is calculated as the width of the lane times the length of the patched area. (4) For ramps the Threshold Level is 0.375 inch (9.5 mm), unless the pavement depth tapers down to an exit ramp terminus, then the 200 feet (60 meters) before the exit ramp terminus is waived. (5) Measure the wheel path with a 4 foot (1.2 m) straight edge at 6 locations in a Segment. If one measurement exceeds the Threshold Level, the entire Segment will be measured at 50 foot (15 m) intervals for each wheel path. Remedial Action is required if six or more measurements exceed the Threshold Level. To determine the depth of the distressed area, cut 1 foot (0.3 m) longitudinal by 4 foot (1.2 m) transverse slabs to a depth necessary to determine the depth of the distress at a maximum of three locations determined by the DRT. The slabs will be retained for possible use in any appeal process. If it is determined the rutting is not the Contractor’s responsibility, the cost of slab removal and replacement, including construction traffic control, will be paid by the Department according to 109.05. Remove slabs within 30 days after receiving the results of the yearly review. (6) Rout out and seal all cracks in the Section with Type 1 crack seal in according to Item 423 for cracks less than or equal to 0.75 inches (19 mm). Follow Note 7 of Remedial Actions for cracks greater than 0.75 inches (19 mm) wide or multiple cracks in a 1 foot (300 mm) wide area. Follow Note 8 of Remedial Actions if there are more than 1000 feet (300 m) of cracks or routed and sealed cracks. (7) Remove and replace the distressed area to the depth needed to repair the distressed area. (8) Remove and replace the lane width of the distressed area to a depth of 1.5 inches (38 mm). Remove and replace the lane width to a minimum depth of 1.5 inches (38 mm), from the end of the first down station Segment with no patches to the beginning of the first up station Segment with no patches. Supplemental Specification 881 – Microsurfacing with Warranty 881.01 General. This work consists of constructing a cold laid polymer modified emulsified asphalt pavement course to fill ruts or provide one or more courses for existing pavements. Warrant the microsurfacing for two years. 881.02 Maintenance Bond. Furnish a maintenance bond for a two year period in an amount equal to 75 percent of the total amount bid for Item 881 with the performance and payment bonds specified in 103.05. Ensure the Surety that underwrites the maintenance bond has an A.M. Best rating of “A-” or better. Include the cost of the maintenance bond in the pay item for the premium for the contract performance and payment bonds. The effective date of the maintenance bond is the date the Department’s Form C-85 is issued for the pavement. The Department will issue a final C-85 within 30 days after all of the pavement items, including all safety items, are completed and accepted and the pavement is open to traffic. The Department will issue a partial C-85 within 30 days after the pavement is completed and accepted, and all safety items are in place to allow the pavement to be safely open to traffic during the winter months from December 1 to April 30. The Department will issue no more than one C-85 each calendar year except with approval of the Director. After the final or partial Form C-85 is issued, the Department will notify the Surety. After the final Form C-85 is issued, the Department will also establish all final quantities for the project and the project will be finalized using standard procedures. The maintenance bond expires two years after the issuance of Form C-85. Maintain the liability insurance specified in 107.12, insuring against Contractor or Contractor authorized operations negligently performed during the warranty period. Ensure the insurance is in effect throughout the warranty period. Send a copy of the Certificate of Insurance to the District each year. 881.03 Warranty Item Coverage. Warranty items and Remedial Actions are specified in 881.06. The warranty applies to all areas treated with Item 881. The warranty does not apply to structural problems below the microsurfacing, provided the structural problem is not the fault of the Contractor. Do not construe meeting the minimum requirements and guidelines of this specification as a warranty, expressed or implied, as to the material properties and workmanship efforts required to meet the performance criteria specified. 881.04 Materials, Mixture, Equipment, and Quality Control. Provide material meeting the requirements of 421.02. Ensure the mixture meets the requirements of 421.03. Use self-contained, self-propelled, continuous loading units designed for microsurfacing. The Contractor may use truck-mounted machines per the requirements of 421.05 on project segments of less than 15,500 square yards (13,000 square meters) or on spot repairs.

C-10 Performance-Based Pavement Warranty Practices Submit a material quality control plan and final mix design to the District Engineer of Tests and Laboratory a minimum of two weeks before the start of production. Submit changes occurring in the mix design during production. A. Surface Preparation. Prepare surface as specified in 421.08 except the Contractor is responsible for all surface preparation including cleaning, removal of any paint or plastic markings, tack coat and any other work that may effect the performance of microsurfacing. Seal visible joints and cracks longer than 2 feet (600 mm) in length according to Item 423. B. Test Strip. Construct a test strip for the Engineer to evaluate. Construct this test strip 1000 feet (300 m) long, and include all of the application courses specified. Construct the test strip at the same time of day or night the full production will be applied. The test strip may be constructed in 2 days or nights if 881.04.D multiple course applications are specified. The Engineer will evaluate the completed test strip after 24 hours of traffic to determine if the mix design is acceptable. Begin full production after the Engineer accepts the test strip. If the microsurfacing is applied between May 1 and September 30 and if during the construction season the Contractor has constructed a Department approved test strip with the same materials and mix design, the Department will waive the test strip. C. Single Course Construction. Apply one course of microsurfacing mixture. Construct the course using 421.02 Gradation A aggregate at a minimum rate of 18 pounds per square yard (9.8 kg/m²) of dry aggregate or 421.02 Gradation B aggregate at a minimum rate of 20 pounds per square yard (11 kg/m²) of dry aggregate. D. Multiple Course Construction. Apply a minimum of two courses of microsurfacing mixture. Apply each course separately. Restore the pavement cross section by either rut filling or leveling courses, or a combination of both. Apply this cross section correction to the driving lanes only, before placing the surface course. Apply the surface course to the entire paving pass, which may include the shoulder if specified in the plans. Apply a total combined minimum application rate of 30 pounds per square yard (16.3 kg/m²) of dry aggregate. Rut fill pavement segments greater than 1000 feet (300 m) in length that have an average rut depth exceeding 0.5 inch (12 mm). Use a microsurfacing mix with 421.02 Gradation B aggregate. Use an approved rut box for each designated wheel track. Construct a clean overlap and straight edges between wheel tracks. Over crown each rutted wheel track to allow for proper traffic consolidation. (For each 1 inch (25 mm) of applied mix, an additional 0.125 to 0.25 inches (3 to 5 mm) crown is required for traffic consolidation.) If leveling courses are used to profile the pavement, use a microsurfacing mix with 421.02 Gradation A or B aggregate. Construct the final surface course using 421.02 Gradation A aggregate at a minimum application rate of 16 pounds per square yard (9 kg/m²) of dry aggregate or 421.02 Gradation B at a minimum application rate of 20 pounds per square yard (11 kg/m²) of dry aggregate. E. Finished Pavement. Do not allow traffic on the mixture until it has cured sufficiently to prevent pickup by vehicle tires. Ensure the new surface is capable of carrying normal traffic within one hour after application without any damage occurring. Ensure filled ruts are able to sustain traffic within 2 hours after placement. Protect the new surface from potential damage at intersections and driveways. Ensure the finished surface is free from excessive scratch marks, tears, rippling, and other surface irregularities. Ensure the surface area does not contain transverse ripples or longitudinal streaks of 0.2 inch (5 mm) or more in depth, as measured with a 10 foot (3 m) straight edge. Ensure the surface area does not exhibit tear marks greater than 0.5 inch (13 mm) wide and 4 inches (100 mm) long, or a tear mark greater than 1 inch (25 mm) wide and 3 inches (75 mm) long. Ensure the longitudinal construction joints and lane edges coincide with the proposed painted lane lines. Construct longitudinal joints with less than a 3 inch (75 mm) overlap on adjacent passes and no more than 0.25 inch (6.5 mm) overlap thickness as measured with a 10 foot (3 meter) straight edge. If applicable, place overlapping passes on the uphill side to prevent any ponding of water. Construct neat and uniform transverse joints with no more than a 0.2 inch (5 mm) difference in elevation across the joint as measured with a 10 foot (3 m) straight edge.

Agency Warranty Specifications and Special Provisions C-11 Ensure the edge is neat and uniform with no more than 2 inches (50 mm) of horizontal variance in any 100 feet (30 m). Ensure the restored cross section of the pavement section between any edge line, lane line or center line as measured using a 10 foot (3 m) straight edge transversely across the pavement does not exceed 0.4 inch (10 mm), or 0.2 inch (5 mm) when measured with a 6 foot (1.8 m) straight edge. The preceding does not apply to any pavement segment that is designed with a quarter crown cross slope or any area of the pavement within 1 foot (300 mm) of the edge line, lane line or center line. These cross section requirements do not apply to 881.04.C single course microsurfacing. 881.05 Annual Review Process. The District Review Team (DRT) will review the pavement before June 1 each year during the warranty period to determine the performance of the microsurfacing. The DRT will notify the Contractor of the scheduled review. The Contractor or any other interested party may attend the annual review, for observation only. Any comments by the Contractor or other interested party will be recorded by the DRT. The Department will issue the results in writing to the Contractor within 15 days after completion of the review. The District Deputy Director may waive this yearly review for all or part of the project based on the results of a preliminary review by a member of the DRT. Any such waiver will be in writing to the Contractor. 881.06 Remedial Actions. Perform Remedial Actions by August 31 of the same year as the review. If an appeal process goes to Step 3, the District may revise the date for completion of the Remedial Action for the appealed item. If the Department determines that immediate repairs are necessary, due to a potential hazard to the traveling public, the Department will notify the Contractor and establish a date that all repairs are to be finished. Provide construction traffic control when performing any work required or allowed by this specification during the warranty period in accordance with current Department policy and the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways. Obtain Department Approval for the time the work will be performed. Any major change in Department construction traffic control policy from the time of bid will be considered a changed condition. Replace pavement markings or raised pavement markers (RPM) removed or obliterated while performing a Remedial Action with pavement markings or RPMs equal to or better than the original products at no cost to the Department. Supply all materials, equipment, and labor to perform Remedial Actions at no additional cost to the Department. Perform Remedial Actions with material meeting the requirements of 881.04. Certify the component materials and designed mix meets the requirements of 881.04. Prior to performing a Remedial Action, submit a Remedial Action plan to the Engineer for approval. State in the plan when and how the Remedial Action will be performed; what material will be used; and how traffic will be controlled. Warrant Remedial Action work for the remainder of the warranty period. If any 1000 foot (300 meter) lane segment has repairs or defects greater than 5 percent of the area, resurface with a full lane width of microsurfacing meeting the requirements of 881.04. Use only microsurfacing for permanent repair and resurfacing areas. Perform temporary repairs using material approved by the Engineer. Replace temporary repairs with a permanent repair as soon as weather permits. The Contractor is not responsible for pavement damage beyond the Contractor’s control (i.e., car fire, oil spill, etc.). TABLE A – DISTRESS TYPES AND THRESHOLD LEVELS Distress Type Threshold Level (6) (allowable distress levels) Bleeding / Flushing (1) 300 square feet (28 m2) Surface Loss (2) 120 square feet (11 m2) Raveling (3) 300 square feet (28 m2) Rutting (4)(5) 0.25 inch (6.5 mm) continuous in any Segment. (1) Excess asphalt binder that creates a shiny, reflective condition that becomes tacky to the touch at higher temperatures. (2) Loss of surface interlock by traffic wear, debonding, or delamination. (3) “Moderate” level raveling as defined in the Strategic Highway Research Program (SHRP) “Distress Identification Manual for the Long-Term Pavement Performance Project” (SHRP-P-338). (4) Measure the wheel path with a 4 foot (1.2 m) straight edge. (5) Only applies during the first 120 days after the Form C-85 is issued (see 881.02) or after any Warranty work. (6) Based on 500 foot (150 m) lane Segment. The beginning of a Segment is the beginning of any distress type.

C-12 Performance-Based Pavement Warranty Practices 881.07 Appeal Process. Findings of the DRT may be appealed. Submit any appeal to the District Construction Administrator, (DCA), in writing, within 15 days after receipt of the written resul ts of the DRT. The DCA will evaluate appeals. This evaluation will include reviewing the disputed area in the field and consulting with the Office of Construction Administration. The evaluation may also include reviewing test data, obtaining samples, or interviewing Department (District or Central Office) or Contractor employees. The DCA’s determination will be issued in writing to the Contractor within 45 days after the DCA receives the appeal. If in disagreement with the DCA’s determination, appeal the determination using Step 3 of Proposal Note 109 Dispute Resolution and Administrative Claim Process. 881.08 Method of Measurement. The Department will measure Microsurfacing With Warranty by the number of square yards (square meters), completed and accepted in place. The Department will base the width of the pavement course on the width shown on the plans, specified in this specification, or directed by the Engineer. The Department will measure the length along the centerline of each roadway or ramp. 881.09 Basis of Payment. The cost of surface preparation is incidental to Microsurfacing With Warranty. The Department will not pay for materials, equipment, or labor required to perform Remedial Actions The Department will pay for accepted quantities at the contract prices as follows: Item Unit Description: 881 Square Yard (Square Meter) Microsurfacing With two year Warranty, Single Course. 881 Square Yard (Square Meter) Microsurfacing With two year Warranty, Multiple Course Supplemental Specification 882 – Chip Seal with Warranty 882.1 General. This work consists of preparing and applying a single or double chip seal. Warrant the chip seal for two years. 882.2 Maintenance Bond. Furnish a maintenance bond for a two year period in an amount equal to 75 percent of the total amount bid for Item 882 with the performance and payment bonds specified in 103.05. Ensure the Surety that underwrites the maintenance bond has an A.M. Best rating of “A-” or better. Include the cost of the maintenance bond in the pay item for the premium for the contract performance bond and the payment bond. The effective date of the maintenance bond is the date the Department’s Form C-85 is issued for the pavement. The Department will issue a final C-85 within 30 days after all of the pavement items, including all safety items, are completed and accepted and the pavement is open to traffic. The Department will issue a partial C-85 within 30 days after the pavement is completed and accepted, and all safety items are in place to allow the pavement to be safely open to traffic during the months from September to April. The Department will issue no more than one C-85 each calendar year except with approval of the Director. After the final or partial Form C-85 is issued, the Department will notify the Surety. After the final Form C-85 is issued the Department will also establish all final quantities for the project and the project will be finalized using standard procedures. The maintenance bond expires two years after the issuance of Form C-85. Maintain the liability insurance specified in 107.12, insuring against Contractor or Contractor authorized operations negligently performed during the warranty period. Ensure the insurance is in effect throughout the warranty period. Send a copy of the Certificate of Insurance to the District each year. 882.3 Warranty Items Coverage. Warranty Items and Remedial Actions are specified in 882.06. The warranty applies to all Item 882. The warranty does not apply to structural problems below the chip seal, provided the structural problem is not the fault of the Contractor. Do not construe meeting the minimum requirements and guidelines of this specification as a warranty, expressed or implied, as to the material properties and workmanship efforts required to meet the performance criteria set forth in Table A. 882.4 Materials. Use polymer emulsified binder conforming to 702.16 Type A. Provide cover aggregate for the chip seal Job Mix Formula (JMF) of washed limestone or dolomite meeting 703.05. Do not use an aggregate source designated with “SR” on the Aggregate Source Group list in accordance with 703.01F. Additionally the following requirements apply: Stockpile the material to be used for the chip seal at the aggregate source.

Agency Warranty Specifications and Special Provisions C-13 Obtain five (5) samples from the stockpile and perform gradation testing on each sample and determine the percent passing for each sieve size listed in Table 882.04-1. 1. Calculate the total range for the No. 8 (2.36 mm) sieve for all five samples. The range will not exceed 6%. 2. Calculate the percent passing the No. 200 (75 m) sieve for each sieve. No single sample value will exceed 2.0 percent. 3. Calculate the average of each sieve for all five samples. Assure the average value for each sieve is less than the value in Table 882.04-1. Submit a letter to the Engineer and District Engineer of Tests (DET) containing the Job Mix Formula (JMF) gradations and the calculations to show the cover aggregate meets requirements. If a staging location will be used for the chip seal aggregate first move the initially tested aggregates from the aggregate source stockpile to the staging location and construct a staging stockpile. Then obtain five (5) aggregate samples from the staging location stockpile and perform gradation testing on each sample to determine the percent passing for each sieve size listed in Table 882.04-1. Evaluate the staging location aggregate samples the same as the aggregate source samples except allow an average for the No. 200 (75 m) sieve not greater than 1.7 percent. Submit the Job Mix Formula (JMF) gradations from the staged stockpile and the calculations to show the cover aggregate meets requirements in letter form to the Engineer and DET. If the chip seal aggregates fail to meet requirements, either at the aggregate source or the staging location, re-wash and/or rework the aggregate materials and retest the new stockpiles. TABLE 882.04-1 Size JMF Limits % Passing 1/2 inch (12.5 mm) 100 3/8 inch (9.5 mm) 85-100 No. 4 (4.75 mm) 5-25 No. 8 (2.36 mm) 0-10 No. 16 (1.18 mm) 0-5 No. 200 (75 µm) 1.5 max [1] [1 ] Washed gradation value The District may obtain and test validation samples of the JMF aggregates at any time. If a single validation sample is either outside the values in TABLE 882.04-1, with the exception that the No. 200 (75 m) value is not greater than 2.0 percent, the district will obtain five (5) samples and retest to determine if the aggregate JMF falls within the limits of TABLE 882.04-1. If the JMF verification test doesn’t meet the source or staging location limits the stockpile is not acceptable. A. Equipment. Provide equipment conforming to this section. Use equipment for binder distribution conforming to 407.03. In addition ensure that it has a computerized rate control that automatically adjusts the binder pump to the unit ground speed and has a gauge or meter in plain view for reading gallons (liters). Use appropriate spray nozzles for the material and rate specified. Use Type II pneumatic tire rollers conforming to 401.13, except the maximum capacity shall not apply. Use self-propelled aggregate spreaders with a variable width aggregate hopper capable of placing from 8 to 16 feet (2.4 to 4.8 m) in any increment and a computerized rate control that automatically adjusts the aggregate output to the unit ground speed. Equip spreaders with pneumatic tires, a screen to remove oversized material, revolving cylinders, and adjustments necessary to produce a uniform distribution of particles at the specified rate. Use power sweepers or rotary brooms in initial surface preparation and for removing loose particles. Use pickup type sweepers in areas where the aggregate shoulder does not exist. Do not sweep loose aggregate onto lawns, curbed areas, and intersections. Furnish accurate thermometers for determining any of the applicable temperature requirements of this specification. µ µ µ

C-14 Performance-Based Pavement Warranty Practices B. Construction. 1. Surface Preparation. Clean the pavement according to 407.05. If necessary, clean areas of the pavement with a hand broom. Remove all existing pavement markings, except 740.02 (traffic paint), using an abrasion method conforming to 614.11,G. For a single chip seal either remove and replace any existing raised pavement markers or protect the existing raised pavement markers from the single chip application process. For a double chip seal application remove the raised pavement markers according to 621.08. 2. Weather Limitations. Place the chip seal when the pavement temperature is between 60 °F (16 °C) and 140 °F (60 °C). Do not schedule the performance of this work for the time period before May 1 or after September 1. Do not place chip seal if any of the following conditions exist: A. The atmospheric temperature is below 70 °F (21 °C). B. Impending weather conditions do not allow for proper curing. C. If temperatures are forecasted below 50 ° F (10 ° C) within 24 hours from the time of work. 3. Binder Application. Before applying binder, ensure that sufficient cover aggregate is available for immediate application. Adjust the binder at the target(s) rates during the test strip. Maintain the binder temperature from 150 to 185 °F (65 to 85 °C) during construction, including the start of each day. Reheat the binder at a rate of no more than 25 °F (4 °C) per hour, when the binder is allowed to cool below 150 °F (65 °C). Proper stone embedment is typically 1/2 to 2/3 of the stone chip height and can be checked by pulling out several chips by hand. Adjust and document application rates by stationing. At the beginning and at the end of a contract section, start and stop the application on a removable protective cover (paper, metal sheets, or other suitable material) sufficiently wide enough to allow full application on the surface being treated. Make transverse and longitudinal laps in such manner to ensure that the texture of the finished surface is uniform and continuous. To prevent lapping at transverse junctions, promptly shut off the binder spray at the end of the application. Before continuing the application, place a removable protective cover a sufficient distance back from the joint on the cover aggregate so the sprayers are operating at full force when the distributor has attained the predetermined speed upon reaching the uncovered surface. Upon completion, remove all removable protective covers. 4. Cover Aggregate Application. Immediately after applying the binder, apply cover aggregate uniformly without ridges or laps at the specified rate adjusted as directed by the Engineer to produce a minimum of excess loose particles. Spread the material in such manner that the tires of the truck or aggregate spreader at no time contact the uncovered and newly applied binder. Before rolling, correct deficiencies in the application of cover aggregate in a manner satisfactory to the Engineer. Do not over apply cover aggregate with the intent on relying on vacuum and broom sweeping to pick up all excess. Stop work if nuisance to the public amounts of aggregate occur. If work is stopped re-calibrate the aggregate spreader and re-verify the aggregate spread rate determining a new application rate and apply cover aggregate at the new rate. After rolling, protect the surface from traffic damage during the period required for the binder to cure sufficiently and prevent dislodging of the aggregate particles by normal traffic. During this period, correct deficiencies in cover aggregate by spreading additional aggregate or by light brooming. Apply cover aggregate at a rate necessary to provide full coverage of the binder and to avoid tracking. If the target rate is not the optimum application rate due to the gradation of the aggregate or due to existing surface conditions of the pavement, immediately establish a new rate and document the new rate by stationing. 5. Test Strip. Construct a continuous 1000-foot (300 m) long by lane width test strip. Do not waive test strips. Determine and tell the Engineer the binder application rate and aggregate application rate. Calibrate the aggregate spreader and verify the application rate with a one square yard (one square meter) piece of cardboard or other material to collect and weigh the aggregate. Do not over apply cover aggregate with the intent on relying on vacuum and broom sweeping to pick up all excess. Stop work if

Agency Warranty Specifications and Special Provisions C-15 nuisance to the public amounts of aggregate occur. If work is stopped re-calibrate the aggregate spreader and re-verify the aggregate spread rate determining a new application rate and apply cover aggregate at the new rate. Verify the aggregate gradation during the test strip and give results to the Engineer. The Engineer and Contractor will review the test strip the next workday for streaking, ridging, bleeding, aggregate loss or other problems. If the review shows the test strip meets the requirements of 882.04 and the application rate and quality control tests show all is in control compared to the JMF, then progress with the work. Should problems be noted, the Engineer may require another test strip. 6. Construction Operation. Establish stations at 1000-foot (300 m) intervals on the entire project before placing materials. Clearly identify and maintain the stations until project completion. Keep the binder distributor, aggregate spreader, and rollers as close to each other as possible. Do not allow the binder distributor to be more than 150 feet (45 m) ahead of the aggregate spreader. Perform rolling immediately after placing the aggregate, but before the binder sets up. Do not leave aggregate unrolled for more than 5 minutes. Perform a minimum of two complete roller passes over the aggregate. A single complete pass is forward and backward over the same path. For each new pass, overlap the previous pass by about one-half the width of the roller. Use a minimum of three rollers, and roll in a longitudinal direction at a speed not greater than 5 miles per hour (8 km/h). Do not operate rollers at speeds that cause pick-up or dislodging of aggregate particles. After the binder sets, and before placing a second course for double chip seals, and within 4 hours, sweep the pavement using a power broom or pickup sweeper as needed to remove all loose aggregate. Extend sweeping 1 foot (0.3 m) beyond the edge of the pavement to help prevent migration of loose aggregate back onto the pavement Do not re-use aggregate from a chip seal that is swept from the pavement or that is already loose off the pavement edge. If the pavement cannot be swept within the 4-hour period due to problems associated with the stone moisture, binder, breaking, humidity, or other unknown, the Engineer may suspend the operation until the problem is resolved or more suitable conditions are obtained to maintain the 4-hour time frame for sweeping. The Contractor is responsible for claims of damage to vehicles until the pavement and shoulders receive a final sweeping immediately before application of permanent pavement markings or a fog seal, if a fog seal is required. Protect RPM left in place for a single chip seal. Remove RPMs and replace for a double chip seal. Wait at least 24 hours before placing the second course of a double chip seal. Ensure that the first course meets requirements and is cured, swept, and capable of withstanding construction traffic without damage. Correct damage to the underlying chip seal before placing the final chip seal. Place the longitudinal construction joint on a lane line or as directed by the Engineer. For double chip seal, place the longitudinal construction joint for the first course 6 inches (150 mm) off the centerline and place the second course so the longitudinal joint is at the centerline. Before opening to traffic, post the roadway with “Loose Stone” signs and a “35 mph” speed plaque mounted below the sign. Ensure that signs conform to Item 614. Place these signs at a maximum of 0.5- mile (0.8 km) intervals. Remove the signs as directed by the Engineer. On two-lane roads or pavements where traffic is maintained on a chip seal constructed that workday, a traffic control pilot vehicle operated at no more than 25 miles per hour (40 km/h) is required in the immediate work area. Protect all utility castings, monument boxes and other similar items using tarpaper or other approved material. Remove protection before sweeping and opening to traffic. C. Quality Control. 1. General. Use the methods described in this section for control purposes. Identify the cause of exceeding any of the identified quality control tolerances and document in detail the corrective action necessary to bring the deficiency into compliance. Upon resuming work, take another sample and immediately test it. If the tolerances are exceeded, stop the work until corrected.

C-16 Performance-Based Pavement Warranty Practices The Department can obtain samples of materials at any time. Aggregate samples can be taken from sources, on-hand stockpiles or the aggregate spreader box. Work can be stopped and materials can be rejected on the basis of poor Department test results. 2. Binder. Within one hour of start of production obtain and label a binder sample from the distribution truck and give the sample to the Engineer the same day. Provide and sample the binder in one quart plastic containers with plastic screw tops. Take more samples when requested by the Engineer. For the binder application rate, as determined by a yield check, do not exceed a tolerance of 0.02 gallons per square yard (0.09 liters per square meter) from the established application rate. 3. Coarse Aggregate. At a minimum test one sample taken from the aggregate spreader box at production start and sample and test one sample from the aggregate spreader box randomly during the day. An aggregate spreader box sample may be taken by laying a piece of suitable material under the spreader as it moves forward. Include additional testing when directed to sample and test by the Engineer. Sample and test aggregate according to AASHTO T 2, AASHTO T 248, and Supplement 1004 (AASHTO T 11 where required). Use washed gradations for determining the No. 200 (75 µm) sieve. The Contractor may use additional tests. These may include dry gradations for control purposes but acceptance of on hand aggregate will be based on washed gradations only. Reject and do not use aggregate creating nuisance to the public dusting on the project. Reject truckloads of aggregate if water is seen coming from the truck bed. Reject aggregate that does not meet the following requirements: No. 4 (4.75 mm) sieve from JMF ±5.0% No. 8 (2.36 mm) sieve from JMF ±3.0% No. 200 (75 µm) sieve from JMF ±1.0%, 2.0% upper limit Aggregate moisture content (by dry weight) 4.0% max. for agg. Absorption > 2.0% 3.0% max. for agg. Absorption 2.0% 4. Documentation. Provide the Engineer a daily report with the following: a. Control section, project number, county, route, and Engineer. b. Date, air temperature, pavement temperature, and humidity. c. Binder temperature. d. Beginning and ending stations. e. Yield checks on binder (three per day, minimum). f. Yield checks on aggregate (three per day, minimum). g. Gradation, moisture content, and station (One sample from spreader box at production start, one random sample during the day and any other samples when directed by the Engineer). h. Length, width, and total area. i. Condition of “Loose Stone” signs with “35 mph” speed plaques. j. Contractor representative’s signature. Provide a bill of lading for binder and aggregate as requested or at project completion. D. Appearance. During the application of the chip seal, inspect the chip seal for deficiencies resulting from poor workmanship, flushing, tracking from equipment, surface patterns, loss of stone, and sweeping. Inspect workmanship for untreated areas, minimum overlap on longitudinal joints, and minimum overlap on construction joints. Verify the following for appearance: 1. Finished surface has minimal tears and binder streaking. 2. Joints appear neat and uniform without buildup, uncovered areas, or unsightly appearance. 3. Longitudinal joints have less than a 2 inch (50 mm) overlap on the adjacent passes.

Agency Warranty Specifications and Special Provisions C-17 4. Transverse joints have no more than 0.25 inch (6.5 mm) difference in elevation across the joint as measured with a 6 foot (2 m) straightedge. 5. Chip seal edge is neat and uniform along the roadway lane, shoulder, and curb lines. 6. Chip seal edge has no more than 2 inches (50 mm) variance in any 100 feet (30 m), along the roadway edge or shoulder. Before the Department issues Form C-85, the Contractor and Engineer will review the completed work 15 to 25 days after placement. The extent of the following should be minimal to non-existent: D S Surface Patterns Alternate lean and heavy lines (Ridges or streaking over the surface) Bleeding/ Flushing Excess binder on surface, not subject to wearing off quickly Loss of Cover Aggregate Patches or lines of aggregate lost from surface Perform all corrective work to the satisfaction of the Engineer. 882.5 Annual Review Process. The District will review the project informally, in late winter or early spring. If a problem is noted, a formal review by a District Review Team (DRT) will be conducted. The DRT will notify the Contractor of the scheduled review. The Contractor or any other interested party may attend the review, for observation only. Any comments by the Contractor or other interested party will be recorded by the DRT. The DRT will select areas to review but may review the entire project. The Department will issue the results in writing to the Contractor within 15 days after completion of the review. 882.6 Remedial Actions. Perform Remedial Actions between May 1 and September 1. If an appeal process goes to Step 3, the District may revise the date for completion of the Remedial Action for the appealed item. If the Department determines that immediate repairs are necessary, due to a potential hazard to the traveling public, the Department will notify the Contractor and establish a date that all repairs are to be finished. Before performing a Remedial Action, submit a Remedial Action plan to the Engineer for approval. State in the plan when and how the Remedial Action will be performed; what material will be used; and how traff ic will be controlled. Warrant Remedial Action work for the remainder of the warranty period. Provide construction traffic control when performing any work required or allowed by this specification during the warranty period in accordance with current Department policy and the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways. The Department will approve when the work is performed. Any major change in Department construction traffic control policy at the time of bid will be considered a changed condition. Replace pavement markings or raised pavement markers (RPM) removed or damaged while performing a Remedial Action with pavement markings or RPMs equal to or better than the original products at no cost to the Department. Supply all materials, equipment, and labor to perform the Remedial Actions at no additional cost to the Department. Perform Remedial Actions with material meeting the requirements of 882.04. Certify the component materials and designed mix meets the requirements of 882.04. The Department will perform emergency work, repairing pavement distresses which are hazardous to the traveling public. If the emergency work is extensive, the Department may authorize the Contractor to perform the repairs. The District Construction Administrator (DCA) will determine if the distress is or is not the responsibility of the Contractor. If the DCA determines the distress is the responsibility of the Contractor, the cost, including construction traffic control, of emergency work performed by the Department will be charged to the Contractor. If the DCA determines the distress is not the responsibility of the Contractor, the Department will pay for Contractor performed repairs according to 109.05. The Contractor is not responsible for pavement damage beyond the Contractor’s control (i.e., car fire, oil spill, etc.). The DCA’s determination may be appealed in accordance with 882.07.

C-18 Performance-Based Pavement Warranty Practices TABLE A The beginning point of a 100 yd (100 m) segment starts at the beginning of any individual distress type. For loss of aggregate, the beginning point of a 100 yd (100 m) segment will exclude locations where vehicles turn from or onto other state highways. Defect Severity Allowable Extent Surface Patterns Severe light and heavy lines over the pavement surface 40% of segment length affected, continuous or localized Bleeding Flushing Moderate excess binder on surface (loss of stone/tire contact) not subject to wearing off quickly 5% of segment length affected continuously or total of 20% localized problems Loss of Aggregate Moderate patches of aggregate loss 10% of segment length affected continuously or total of 20% localized problems 882.7 Appeal Process. Findings of the DRT may be appealed. Submit any appeal to the DCE, in writing, within 15 days after receipt of the written results of the DRT. The DCA will evaluate appeals. The evaluation will include reviewing the disputed area in the field and consulting with the Office of Construction Administration. The evaluation may also include reviewing test data, obtaining samples, or interviewing Department (District or Central Office) or Contractor employees. The DCA’s determination will be issued in writing to the Contractor within 45 days after the DCA receives the appeal. If in disagreement with the DCA’s determination, appeal the determination using Step 3 of the Dispute Resolution and Administrative Claim Process. If the appeal is denied and the September 1 work restriction has passed, perform the Remedial Actions the following season. If this extends beyond the warranty period, provide an additional maintenance bond according to 882.02 of sufficient duration to encompass the time necessary to complete all Remedial Actions. If the District determines repairs are necessary before the next season, make repairs acceptable to the District and perform final repairs the following season. 882.8 Method of Measurement. The Department will measure Chip Seal with Warranty by the number of square yards (square meters), completed and accepted in place. The Department will determine the width by measuring the actual width of the chip seal. The Department will determine the length along the centerline of each roadway or ramp. The Department will measure the number of raised pavement markers removed if a Double Chip Seal is specified. 882.9 Basis of Payment. The cost of removal of all existing pavement markings according to 882.04 is incidental to this item. The cost of protection of RPM’s on a single chip seal is incidental to this item. The cost of any removal or protection of existing raised pavement markers according to 882.04 is incidental to this item. The Department will pay for removal of existing raised pavement markers on a Double Chip Seal application according to Item 621 Raised Pavement Markers Removed. The Department will not pay for materials, equipment or labor required to perform Remedial Actions. The Department will pay for accepted quantities at the contract prices as follows: Item Unit Description 882 Square yard (square meter) Single Chip Seal with two year Warranty 882 Square yard (square meter) Double Chip Seal with two year Warranty

Agency Warranty Specifications and Special Provisions C-19 Supplemental Specification 884 Concrete Pavement with Warranty 884.01 General. This work consists of constructing a portland cement concrete pavement on a prepared surface according to these specifications and in reasonably close conformity with the lines, grades and typical sections shown on the plans or established by the Engineer. Use conventional concrete paving equipment, methods and materials as specified in 451 or 452, except as modified by this specification. Construct either Item 451 Reinforced Concrete Pavement or Item 452 Non-Reinforced Concrete Pavement as modified by this specification at the thickness specified. Warrant the concrete pavement for seven years. 884.02 Maintenance Bond. Furnish a maintenance bond for a seven-year period in an amount equal to 30 percent of the total amount bid for Item 884 with the performance and payment bonds specified in 103.05. Ensure the Surety that underwrites the maintenance bond has an A.M. Best rating of “A-” or better. Include the cost of the maintenance bond in the pay item for the premium for the contract performance and payment bonds. The effective date of the maintenance bond is the date the Department’s Form C-85 is issued for the pavement. The Department will issue a final C-85 within 30 days after all of the pavement items, including all safety items, are completed and accepted, and the pavement is open to traffic. The Department will issue a partial C-85 within 30 days after the pavement is completed and accepted, and all safety items are in place to allow the pavement to be safely open to traffic during the winter months from December 1 to April 30. The Department will issue no more than one C-85 each calendar year except with approval of the Director. After a final or partial Form C-85 is issued, the Department will notify the Surety. After the final Form C-85 is issued, the Department will also establish all final quantities for the project and the project will be finalized using standard procedures. The maintenance bond expires seven years from the issuance of Form C-85. Maintain the liability insurance specified in 107.12, insuring against Contractor or Contractor authorized operations negligently performed during the warranty period. Ensure the insurance is in effect throughout the warranty period. Send a copy of the Certificate of Insurance to the District each year. 884.03 Warranty Item Coverage. Warranty items and Remedial Actions are specified in Table A. The warranty applies to all Item 884 pavement (including but not limited to the mainline pavement lanes, shoulders, acceleration/deceleration lanes, collector/distributors and ramps). The warranty does not apply to structural problems below the pavement placed as part of this project, provided the structural problem is not the fault of the Contractor. The Threshold Levels are based on the 0.1 mile (160 m) Segments described in 884.05. Meeting the minimum requirements and guidelines of this specification, expressed, or implied, does not negate the obligation to perform the Remedial Actions as specified in Table A. The Design Designation in the plan is an indication of the level of traffic expected on this project. Design information, criteria, and calculations are on file with the Department. The Department will waive the warranty requirements of a Section if the cumulative number of Equivalent 18,000-pound Single Axle Loads (ESAL’s), calculated using current information and established Department procedures, exceeds the design calculated ESAL’s, prorated for the period of years specified in the pay item, by 20 percent or more. 884.04 Concrete Mix Design and Construction. Concrete Mix Design. Ensure the concrete mix design meets, at a minimum, the requirements of 499, Class QC 1P and any other material requirements of 451 and 452. The Director will approve proposed mix designs. Any adjustments will be approved by the Engineer. Construction. Do not construct transverse joints at less than 12 foot (3.6 m) minimum spacing. Construct the completed surface to meet 451.13, unless the surface tolerance requirements for the portland cement concrete pavement is modified elsewhere in the contract documents for this project. Notify the Engineer a minimum of 24 hours prior to start of any concrete paving. 884.05 Annual Review Process. The project will be divided into 1 mile (1600 m) Sections. The width of each Section will be the width of a single lane or shoulder. Each Section will be divided into 0.1 mile (160 m) Segments. Each year, between March 1 and April 30, the project will be reviewed by a District Review Team (DRT). This date period may be revised by mutual agreement of the Department and Contractor. The DRT will notify the Contractor of the scheduled review. The Contractor or any other interested party may attend the annual review, for

C-20 Performance-Based Pavement Warranty Practices observation only. Any comments by the Contractor or other interested party will be recorded by the DRT. The DRT will select at least two Segments in each Section to review, but may review the entire Section. The Department will issue the results in writing to the Contractor within 15 days after the completion of the review. The District Deputy Director may waive this yearly review for all or part of the project based on the results of a preliminary review by a member of the DRT. Any such waiver will be in writing to the Contractor. 884.06 Remedial Actions. The intent of this contract is for the Contractor to provide a maintenance free pavement. If performing routine maintenance during the warranty period, limit this routine maintenance to repairs authorized by the Department. Provide construction traffic control when performing any work required or allowed by this specification du ring the warranty period in accordance with current Department policy and the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways. Obtain Department approval for the time the work will be performed. Any major change in Department construction traffic control policy from the time of bid will be considered a changed condition. Supply all materials, equipment and labor to perform Remedial Actions at no additional cost to the Department. Obtain approval of the Engineer for portland cement concrete, joint sealer material, or other materials used for remedial action work. The Engineer may approve alternatives to the extent or type of specified Remedial Action. Replace any pavement markings or raised pavement markers (RPM) removed or obliterated while performing a Remedial Action with pavement markings or RPMs equal to or better than the original products at no cost to the Department. Perform all remedial actions on or before November 15. If an appeal process goes to Step 3, the District may revise the date for completion of the Remedial Action for the appealed item. Prior to performing a Remedial Action, submit a Remedial Action plan to the Engineer for approval. State in the plan when and how the Remedial Action will be performed, what material will be used and how traffic will be controlled. Warrant Remedial Action work for the remainder of the warranty period. The Department will perform emergency work repairing pavement distresses that are hazardous to the traveling public. If the emergency work is extensive, the Department may authorize the Contractor to perform the repairs. The District Construction Engineer (DCE) will determine if the distress is or is not the responsibility of the Contractor. If the DCE determines the distress is the responsibility of the Contractor, the cost, including construction traffic control, of emergency work performed by the Department will be charged to the Contractor. If the DCE determines the distress is not the responsibility of the Contractor, the Department will pay for Contractor performed repairs according to 109.05. The Contractor is not responsible for pavement damage beyond the Contractor’s control (i.e., car fire, oil spill, etc.). The Contractor may appeal the DCE’s determination according to 884.07. 884.07 Appeal Process. Findings of the DRT may be appealed. Submit any appeal to the DCE, in writing, within 15 days after receipt of the written results of the DRT. The DCE will evaluate appeals. This evaluation will include reviewing the disputed area in the field and consulting with the Office of Construction Administration. The evaluation may also include reviewing test data, obtaining samples, or interviewing Department (District or Central Office) or Contractor employees. The DCE’s determination will be issued in writing to the Contractor within 45 days after the DCE receives the appeal. If in disagreement with the DCE’s determination, appeal the determination using Step 3 of dispute resolution process included in the contract documents. 884.08 Method of Measurement. The Department will use 451.20 or 452.03 for measurement. 884.09 Basis of Payment. The requirements of 451.21 apply. The Department will not pay for materials, equipment, or labor required to perform Remedial Actions or routine maintenance. Payment for accepted quantities completed in place will be made at the contract price for: Item Unit Description 884 Square yard (Square Meter) Portland Cement Concrete Pavement (7 year warranty)

Agency Warranty Specifications and Special Provisions C-21 TABLE A – WARRANTY ITEMS AND REMEDIAL ACTIONS Distress Type Threshold Level (per Segment) Remedial Action Cracking (1) Any transverse or diagonal cracks in 452 Non-Reinforced Concrete Pavement that touch two or more boundaries of the slab; or that touch one boundary of the slab and are 1/16 inch (1.5 mm) wide or wider at any point: One transverse or diagonal crack per panel_____________________________________ Two or more transverse or diagonal cracks per panel_____________________________ Any transverse or diagonal cracks in 451 Reinforced Concrete Pavement that touch two or more boundaries of the slab and are open or spalled at the surface to a width of 1/4 inch (6 mm) over a distance equal to at least one-half the crack length; or that touch one boundary of the slab and are at least 4 feet (1.2 m) long and are open or spalled at the surface to a width of 1/4 inch (6 mm) over a distance equal to at least one- half the crack length: One transverse or diagonal crack per panel ____________________________________ Two or more transverse or diagonal cracks per panel ____________________________ Any longitudinal cracks in 451 or 452: < 15 inches (380 mm) from a tied longitudinal joint ____________________________ all other longitudinal cracks ________________________________________________ (4) (5) (4) (5) (6) (5) Disintegrated Areas (2) Total surface distress greater than one (1) square foot (0.09 square meters) _____________ (7) Faulting (3) Any faulting greater than 3/16 inch (5 mm) ______________________________________ (8) Ontario MOT Construction Specification for Double Chip Seal 303.01 SCOPE This specification covers the requirements for the use of double chip seal. 303.01.01 Specification Significance and Use This specification is written as a municipal-oriented specification. Municipal-oriented specifications are developed to reflect the administration, testing, and payment policies, procedures, and practices of many municipalities in Ontario. Use of this specification or any other specification shall be as specified in the Contract Documents. 303.01.02 Appendices Significance and Use Appendices are not for use in provincial contracts as they are developed for municipal use, and then, only when invoked by the Owner. Appendices are developed for the Owner’s use only. Inclusion of an appendix as part of the Contract Documents is solely at the discretion of the Owner. Appendices are not a mandatory part of this specification and only become part of the Contract Documents as the Owner invokes them.

C-22 Performance-Based Pavement Warranty Practices Invoking a particular appendix does not obligate an Owner to use all available appendices. Only invoked appendices form part of the Contract Documents. The decision to use any appendix is determined by an Owner after considering their contract requirements and their administrative, payment, and testing procedures, policies, and practices. Depending on these considerations, an Owner may not wish to invoke some or any of the available appendices. 303.02 REFERENCES When the Contract Documents indicate that municipal-oriented specifications are to be used and there is a municipal-oriented specification of the same number as those listed below, references within this specification to an OPSS shall be deemed to mean OPSS.MUNI, unless use of a provincial-oriented specification is specified in the Contract Documents. When there is not a corresponding municipal-oriented specification, the references below shall be considered to be the OPSS listed, unless use of a provincial oriented specification is specified in the Contract Documents. This specification refers to the following standards, specifications, or publications: Ontario Provincial Standard Specifications, Material OPSS 1006 Aggregates - Surface Treatment OPSS 1103 Emulsified Asphalt Ontario Ministry of Transportation Publications MTO Laboratory Testing Manual: LS-601 Material Finer than 75 μm Sieve in Mineral Aggregates by Washing LS-602 Sieve Analysis of Aggregates Ontario Traffic Manual (OTM): Book 7 Temporary Conditions SP-021 Manual for the Condition Rating of Surface Treated Pavement European Standards (EN) EN12272-3:2003 Determination of Binder Aggregate Adhesivity by the Vialit Plate Shock Test Method 303.03 DEFINITIONS For the purpose of this specification, the following definitions apply: Appurtenances mean maintenance hole, catch basin, valve chamber, and water valve covers and similar Utility access covers located within the paved portion of the roadway. Double Chip Seal means two successive single chip seals with different aggregate gradations. Median Size of Aggregate means the aggregate size that is determined by a standard plot of the gradation of the aggregate, using all standard sieve sizes, and then graphically determining the median size, which is the size in mm corresponding to percent finer than 50%. Single Chip Seal means a single application of bituminous binder followed by a single application of uniformly graded aggregate. Single Sized Aggregate means a uniformly graded aggregate with at least two-thirds, by weight, passing through a sieve of the specified size and retained on a sieve no less than 70% of the specified size, when tested according to LS-602. The specified size shall vary according to the design of the chip seal application. 303.04 DESIGN AND SUBMISSION REQUIREMENTS 303.04.01 Design Requirements To ensure satisfactory performance on the roadway according to the traffic, pavement, and geometric roadway data specified in the Contract Documents, using a recognized chip seal design methodology, a laboratory equipped and staffed to carry out chip seal design shall designate the type and grade of asphalt binder, the class of aggregate, and their application rates.

Agency Warranty Specifications and Special Provisions C-23 The laboratory designing the chip seal shall confirm the compatibility for the first application of the asphalt binder and the aggregate used in the chip seal by performing the mechanical adhesivity test as per EN12272-3 and meeting the requirements as specified in the Compatibility of Asphalt binder and Aggregate subsection. All component materials used in the chip seal design shall be representative of the material proposed by the Contractor for use on the Contract. Chip seal shall only be placed after the Contract Administrator has issued confirmation in writing within 5 Business Days that the chip seal design has been reviewed and meets the specified requirements. 303.04.01.01 Laboratory Requirements 303.04.01.01.01 General Equivalent alternate laboratory and technician certifications or laboratory proficiency sample testing programs may be used to demonstrate similar requirements to those specified below provided they are acceptable to the Owner. 303.04.01.01.02 Aggregates An acceptable laboratory conducting tests for physical properties or consensus properties shall be one that holds a certificate from the Canadian Council of Independent Laboratories (CCIL) as Type D for the applicable test methods and also participates in the annual MTO Proficiency Sample Testing Program. An acceptable laboratory conducting tests for LS-601 and LS-602 shall be one that holds a valid certificate from CCIL as Type C. Testing for LS-601 and LS-602 shall be conducted by qualified laboratory staff who hold a valid certificate from CCIL in aggregate testing. 303.04.01.01.03 Asphalt Binder An acceptable laboratory for conducting the tests to ensure the binder meets the requirements of OPSS 1103 shall be an accredited laboratory in Ontario’s inter-laboratory correlation program. An accredited laboratory shall be one that maintains a satisfactory rating from the MTO Emulsion Correlation Program. 303.04.01.01.04 Asphalt Binder and Aggregate Compatibility Testing An acceptable laboratory for conducting a test EN12272-3 shall be one that holds a valid certificate from CCIL as Type A or a laboratory that maintains a satisfactory rating from the MTO Emulsion Correlation Program. 303.04.02 Submission Requirements 303.04.02.01 Chip Seal Design Ten Business Days prior to the start of the placing of the chip seal, the chip seal design shall be submitted in writing to the Contract Administrator together with supporting test results showing conformance of the asphalt binder and aggregates with the requirements of the Contract Documents. For test EN12272-3, a written report on the test method and the results, including a photographic record, shall be provided. Prior to making the submission, an Engineer's seal and signature shall be affixed on the chip seal design verifying that the chip seal design is consistent with the requirements of the Contract Documents. Test data must be legible and signed by the testing laboratory representative. Representative samples of the materials to be used in the work shall be provided with the chip seal design. 303.04.02.01.01 Material Samples Samples shall be labelled with the following information: a) Contract number. b) Material type. c) Material source. d) Date sampled (i.e., yyyy-mm-dd). e) Sample location. Each material sample shall be packaged separately and the samples shall be in containers that are clean, closed, and rupture proof, when lifted or handled. Each filled sample container shall have a maximum mass of 30 kg. The minimum emulsified asphalt sample quantity shall be 4 litres evenly split between 2 containers. Aggregate sample quantities shall be a minimum of 25 kg of each aggregate.

C-24 Performance-Based Pavement Warranty Practices Samples for all other materials to be used in the chip seal applications shall be provided in quantities large enough to allow confirmation of the design. 303.04.02.02 Calibration Records for Distributors and Aggregate Spreaders Prior to the start of the work of chip sealing, calibration records shall be submitted, in writing, to the Contract Administrator. 303.05 MATERIALS 303.05.01 Asphalt Binder The asphalt binder shall be a rapid setting polymer modified emulsified asphalt according to OPSS 1103. 303.05.02 Aggregates 303.05.02.01 General Aggregates for both applications of chip seal shall be of the same geological parent produced from the same source. Aggregates shall be obtained from a source listed on the MTO's Designated Sources List for coarse aggregates for HL 1 or Superpave 12.5 FC1 hot mix. In areas north of North Bay, where FC1 aggregates may not be available, the aggregates shall meet the physical requirements of OPSS 1006. Aggregates containing slag are not permitted for use in a chip seal application. 303.05.02.02 Physical Requirements The physical requirements of the aggregates for the first application of chip seal shall be according to those of a Class I aggregate according to OPSS 1006. 303.05.02.03 Gradation Requirements 303.05.02.03.01 First Application Aggregate for the first application of chip seal shall be single sized aggregate determined by the chip seal design with the following additional requirements: a) The aggregate shall be no finer than the gradation of a Class 1 aggregate according to OPSS 1006. b) The maximum median size shall be 13.6 mm. 303.05.02.03.02 Second Application The gradation requirements of the aggregate for the second application of chip seal shall be determined by the chip seal design with the following requirements: a) The gradation of the aggregate shall be 100% passing the 9.5 mm sieve and a maximum 1% passing the 75 μm sieve. b) The median size of the aggregate shall be 40 to 55% of the median size of the aggregates used in the first application. 303.05.03 Compatibility of Asphalt Binder and Aggregate Adhesivity values or % aggregate retentions of the selected binder-aggregate combination determined by the mechanical adhesivity test in EN12272-3 shall be minimum 90%. 303.06 EQUIPMENT 303.06.01 Pilot Vehicle The pilot vehicle shall be equipped according to the requirements of the OTM, Book 7. 303.07 CONSTRUCTION 303.07.01 Operational Constraints Public traffic shall only be permitted to travel on the final compacted surface of the second application of chip seal. The work shall not be carried out when the ambient temperature is less than 10 °C or when climatic or site conditions preclude the curing of the binder. The application of binder and aggregate shall terminate 1 hour before sunset.

Agency Warranty Specifications and Special Provisions C-25 Chip sealing shall not be carried out prior to May 15th south of a line drawn through Pembroke, Magnetawan, and Pointe au Baril Station or prior to June 1st north of the line. After September 1st, written approval shall be obtained from the Contract Administrator prior to chip sealing. 303.07.02 Calibration of Distributors and Aggregate Spreaders Within 14 Days before the start of the work of chip sealing, all distributors and aggregate spreaders to be used in the work shall be calibrated using a recognized calibration method. 303.07.03 Traffic Convoy The Contractor shall convoy traffic according to the OTM, Book 7. The pilot vehicle shall guide one-way traffic through or around construction. The maximum speed of the convoy shall be 30 km/h. Convoying shall be maintained until such time as the chip seal is able to carry traffic without damage. 303.07.04 Quality Control The Contractor shall conduct such quality control procedures, including sampling and testing, as is necessary to ensure that all aggregates and all asphalt binder to be used in the work conform to the requirements of the Contract. Upon request of the Contract Administrator, the Contractor shall supply copies of any or all test results. 303.07.05 Surface Preparation The area to receive chip seal shall be thoroughly cleaned using a rotary power broom to remove all sand, dirt, and other debris. Areas inaccessible to a rotary power broom shall be manually cleaned. All roadway appurtenances within the chip seal area shall be properly covered and protected immediately prior to chip sealing. 303.07.06 Chip Seal Application A double application of asphalt binder and aggregate shall be placed according to the Contract Documents in the location and to the length and width requirements specified in the Contract Documents. 303.07.07 Joints Longitudinal joints shall be placed on lane lines. Longitudinal joints, on the second application, shall have an overlap of 50 to 100 mm. 303.07.08 Appearance The longitudinal and transverse joints shall be neat and uniform in appearance, with no excessive build-up, uncovered areas, or unsightly appearance. The chip seal edge shall be neat and uniform along the roadway lane, shoulder, and curb lines. 303.07.09 Clean-up Areas not to receive chip seal shall have the chip seal material removed immediately. Appurtenances shall be free of chip seal and left in an operable condition. 303.07.10 Management of Excess Material Management of excess material shall be according to the Contract Documents. 303.08 QUALITY ASSURANCE 303.08.01 Sampling and Testing The Contract Administrator reserves the right to request samples of field asphalt binder and aggregate for quality assurance testing purposes. Material samples shall be according to the Material Samples clause. 303.08.02 Initial Acceptance At the completion of the chip sealing operations, the completed surface course shall not have distresses with higher severity than slight flushing, slight streaking, or slight loss of cover aggregate, including delamination, as described by SP-021.

C-26 Performance-Based Pavement Warranty Practices 303.08.03 Warranty Requirements 303.08.03.01 Warranty Period The Warranty Period shall be 24 months. 303.08.03.02 Warranty Repairs The Owner shall inform the Contractor in writing any time within the first 23 months of the Warranty Period of surface defects requiring repair. In addition, a survey of surface defects shall be completed by the Owner at the end of 1 year and a second survey of surface defects a minimum of 45 Days prior to the end of the Warranty Period. The results of both surveys shall be sent to the Contractor. The types of surface defects, their severity, their density or extent, and the exact dimensions of the warranty repairs shall be determined by the Owner and recorded according to Table 1. If the Owner determines that the surface defects pose a hazard to the travelling public at any time during the Warranty Period, the Contractor shall make the repairs in accordance with this specification within 14 Days of being notified. In all other cases, repairs shall be completed no later than 14 Days prior to the warranty expiration date. Repairs shall be made according to Table 1. The length of a repair shall be sufficient to eliminate all surficial defects as described. The width of a repair area shall not be less than one lane width unless approved by the Owner Materials used in the repair area shall be consistent with those originally used on the Contract. The use of alternate aggregates meeting the aggregate requirements of the Aggregates subsection may be used in the repair area with the approval of the Owner. Repairs shall be to the approval of the Owner. Repair areas shall not have transverse or longitudinal ripples of 6 mm or more as measured with a 3 m straightedge. 303.08.04 Completion of Warranty Period At the end of the Warranty Period, the work shall meet the provisions of the Performance Requirements subsection in order for the Contractor to be released from responsibility and ensure return of the performance bond or letter of credit or certified cheque. 303.08.05 Performance Requirements The chip seal shall be free from any: a) Aggregate loss that is moderate to severe. b) Flushing that is moderate to severe. c) Streaking that is moderate to severe. Shaving of the chip seal surface during snow-plough operations (snow-plough damage) is exempt from the Performance Requirements and Warranty Requirements. 303.09 MEASUREMENT FOR PAYMENT 303.09.01 Actual Measurement 303.09.01.01 Double Chip Seal Measurement of the chip seal placed shall be by area in square metres. 303.09.02 Plan Quantity Measurement When measurement is by Plan Quantity, such measurement shall be based on the units shown in the clauses under Actual Measurement. 303.10 BASIS OF PAYMENT 303.10.01 Double Chip Seal - Item Payment at the Contract price for the above tender item shall be full compensation for all labour, Equipment, and Material to do the work.

Agency Warranty Specifications and Special Provisions C-27 Repair, removal, disposal, and replacement of any damaged or defective chip seal shall be at no extra cost to the Owner. TABLE 1 Chip Seal Repair Surface Defect Severity Density or Extent per 100 m of lane length Required Repair Loss of Cover Aggregate Slight Intermittent, frequent, or extensive Intermittent, frequent, or extensive Intermittent, frequent, or extensive No action required. Moderate or Severe Intermittent or frequent Single chip seal with top aggregate of the affected area applied manually or by machine. Moderate or Severe Extensive (Note 1) Double chip seal of the affected area. Flushing Slight No action required. Moderate Intermittent (Note 2) Frequent or extensive (Note 1) Single chip seal with top aggregate of the affected area. Severe Intermittent (Note 2) Frequent or extensive (Note 1) Remove and replace the double chip seal of the affected area. Streaking Slight No action required. Moderate Intermittent (Note 2) Frequent or extensive (Note 1) Single chip seal with top aggregate of the affected area. Severe Intermittent (Note 2) Frequent or extensive (Note 1) Sand seal followed by double chip seal of the affected area. 1. Area of the repair or replacement shall not be less than one lane width x 50 m in length. 2. Area of the repair or replacement shall not be less than one lane width x 10 m in length. If there is less than 10 m between 2 sections in the lane designated for repair or replacement, the repair or replacement shall be continuous. A. Descriptions of surface defects and severity are according to SP-021. Utah DOT Part 9—Warranty Provisions A. GENERAL Warrant the Work for the duration of the Warranty Period in accordance with the requirements of Part 9 (Warranty Provisions) and Part 2 (General Provisions). Remove, replace, or correct Work at no cost to the Department when an element of Work does not meet Contract requirements. Warranty Period. Except as specified otherwise within the Contract provisions, warrant the Work for two years following the date the Department issues Notice of Physical Completion. B. STANDARDS Not used. C. REQUIREMENTS C-1 Geotechnical—Maximum Permissible Settlements Warrant the maximum permissible settlements during the designated Warranty Periods as follows. A. Pavements (Differential settlements as measured by a string line and/or from the as- designed roadway grade): 1. Transverse direction: ½ inch per 12 feet;

C-28 Performance-Based Pavement Warranty Practices 2. Longitudinal direction: a. Structure approaches (within 150 feet of each bridge abutment): ½ inch per 25 feet b. All other locations: ½ inch per 50 feet B. Deep Foundations Supporting Bridges, or Retaining Walls (Excluding MSE Walls): 1. Total settlement: One inch and maintain minimum structure height clearances 2. Differential settlement: a. Transverse direction: ¼ inch per 12 feet b. Between adjacent foundation supports: ½ inch per 50 feet C. Bridge Approach Slabs (Differential Settlements): a. Transverse direction: ¼ inch per 12 feet b. Longitudinal (between embankment and bridge): ¾ inch per 25 feet C-2 Mechanically Stabilized Earth (MSE) Walls: If any of the following occur during the Warranty Period, replace the affected MSE wall element(s) or propose and implement other corrective action approved by the Department: A. Excessive distress at joints between concrete facing panels or blocks, including any of the following: 1. Joint width greater than 2 inches between adjacent facing panels, or greater than 1 inch between adjacent modular blocks, 2. Closure of joints between facing elements resulting in cracking, spalling, or other damage to facing elements, 3. Excessive joint widths or joint offsets resulting in tearing of geotextile behind the joint or exposure of fabric to UV degradation, 4. Joint widths or offsets resulting in loss of retained material through the joint. B. Facing element durability issues, including cracking, spalling, and scaling. C. Loss of soil embedment and/or erosion control measures at base of wall and/or around end of wall. D. Internal drainage issues resulting in concentrated flow of water through joints between facing elements, erosion within or adjacent to the wall, and/or staining of facing elements. E. Wall plumbness and vertical alignment problems, including any of the following: 1. Overall plumbness deviations greater than 2% from design batter, 2. Differences in vertical alignment of the wall face greater than 1% between the inclination of a given concrete facing panel and the facing panel above or below it. F. Retaining wall coping distress, including any of the following: 1. Crack widths greater than 1/8” at locations other than joints, 2. Vertical or horizontal offsets of the coping greater than 1” across expansion joints, or greater than 1/4” across contraction/tooled joints or other cracks, 3. Opening of expansion joints resulting in loose or lost joint filler, 4. Gaps between coping and adjoining pavement or structures more than 25% greater than the design width, or that otherwise result in loose or lost joint filler or loss of retained material. C-3 Pavement—Rigid and Flexible A. Warrant that, during the Warranty Period, both the allowable level and extent of severity for the various distress types identified do not exceed those trigger values identified in Table 9C-1 (Distress Trigger Values for Rigid Pavements) and Table 9C-2 (Distress Trigger Values for Flexible Pavements) for the two pavement types. If any of these values is exceeded, take the recommended corrective action to bring these parameters within the limits.

Agency Warranty Specifications and Special Provisions C-29 TABLE 9C-1 DISTRESS TRIGGER VALUES FOR RIGID PAVEMENTS Distress Type Allowable Severity Corrective Action * Level Extent Cracking: Corner Break Low Severity: Crack not spalled for more than 10% of the length of crack; no measurable faulting; and corner piece not broken into two or more pieces. Low Extent: 2 corner breaks per lane-mile Repair full depth. Durability “D” Cracking Crescent-shaped hairline cracking, with no loose or missing pieces. Not allowed Replace total slab. Longitudinal Cracking Low Severity: Crack widths <1/8”, no spalling, and no measurable faulting; or well-sealed and with a width that cannot be determined. Low Extent: 4 slabs per lane- mile If cracking exceeds low severity, replace full depth of slab. If two or more cracks per panel, replace full slab. Transverse Cracking Low Severity: Crack widths <1/8”, no spalling, and no measurable faulting; or well-sealed and with a width that cannot be determined. Low Extent: 4 slabs per lane- mile Replace according to UDOT Standard Drawings, Section 450. If two or more cracks per panel, replace full slab. Joint Deficiencies: Joint Seal Damage— Transverse Low Severity: Transverse joint sealant damage, as described by the Strategic Highway Research Program (SHRP): extrusion, hardening, adhesive failure, cohesive failure, or complete loss of sealant. Low Extent: 10% of joint length per lane- mile Reseal joint. Joint Seal Damage— Longitudinal Low Severity: Longitudinal joint sealant damage, as described by SHRP: joint sealant damage, extrusion, hardening, adhesive failure, cohesive failure, or complete loss of sealant. Low Extent: 10% of joint length per lane- mile Reseal joint. Spalling— Longitudinal Joint Low Severity: Spalls <3” wide (measured to center of joint) with loss of material; or spalls with no loss of material and no patching. Low Extent: <5% of joint length per lane- mile If severity is low, fill void with hot-pour sealant. If low severity is exceeded, repair to full depth. Spalling— Transverse Joint Low Severity: Spalls <3” wide (measured to center of joint), with loss of material; or spalls with no loss of material and no patching. Low Extent: <5% of joint length per lane-mile or 25% of a joint. If severity is low, fill void with hot-pour sealant. If low severity is exceeded, repair to full depth. Surface Defects: Surface Crazing (Not applicable) Low Extent: <1% of surface area per lane-mile Apply UDOT Standard Penetrating Seal. Scaling Deterioration of upper concrete surface. Low Extent: <1% of surface area per lane-mile Apply UDOT Standard Penetrating Seal. Map Cracking Cracks that extend only into the upper surface of slab, compromising structural capacity. Not allowed Replace total slab. Polished Aggregate Damage Surface mortar and texturing worn away. Low Extent: Skid resistance value <45 at end of 2 years Abrade or grind surface to exceed established skid resistance values.

C-30 Performance-Based Pavement Warranty Practices TABLE 9C-1 DISTRESS TRIGGER VALUES FOR RIGID PAVEMENTS Distress Type Allowable Severity Corrective Action * Level Extent Popouts Small pieces of pavement >1 inch in diameter broken loose from surface. More than 3 per square yard (yd2) Remove and replace with flexible repair material. Miscellaneous Distress: Blowups Not applicable; however, severity levels can be defined by ride quality and safety. Low Severity: Within established ride quality and skid- resistance criteria, and a visual inspection Within 24 hours, Department will perform temporary repair; within six months, Design- Builder must repair to full depth. Faulting of Transverse Joints and Cracks None allowed. If faulting of transverse joints occurs, replace the full depth of the slab. Lane-to- Shoulder or Lane-to-Lane Dropoff; Lane- to- Shoulder or Lane- to-Lane Ramp Separation Allowable: Maximum = ¼ inch; Mean width < ¼ inch. 2% of joint length per lane-mile Retrofit No. 5 tie bars @ 3- foot centers; grind and overlay. Differential Settlement at approach slab/pavement interface Allowable: Maximum = ½ inch. At any location Slab-jack or remove and replace pavement panel. Patch/Patch Deterioration None allowed. Replace to full depth. Water Bleeding and Pumping Seeping or ejection of water from beneath the pavement through cracks. Not allowed Underseal slab and seal joint. * All corrective action(s) apply to full width of paving pass for full length of distress, except as noted otherwise.

Agency Warranty Specifications and Special Provisions C-31 TABLE 9C-2 DISTRESS TRIGGER VALUES FOR FLEXIBLE PAVEMENTS Distress Type Allowable Severity Corrective Action * Level Extent Cracking: Fatigue Cracking Low Severity: An area of cracks with no cracks or only a few connecting cracks; cracks not spalled or sealed; pumping not evident. Low Extent: <5% of the wheelpath, defined as a 3-foot- wide pass centered 3 feet off the lane line each side per lane-mile Repair to full depth and replace with similar section; in this case, “full depth” is the depth of the pavement section (including base courses). Block Cracking Low Severity: Cracks with mean width <¼”; or sealed cracks with sealant material in good condition and with a width that cannot be determined. Low Extent: <5% of surface area per lane-mile Seal cracks and overlay. Edge Cracking Low Severity: Cracks with no breakup or loss of material. Low Extent: <10% of pavement edge per lane-mile Seal crack. Longitudinal Cracking Low Severity: Cracks with mean width <¼”; sealed cracks with sealant material in good condition and with a width that cannot be determined. Low Extent: <10% of pavement edge per lane-mile Reseal crack and overlay. Transverse Cracking Low Severity: An unsealed crack with mean width <¼”; or sealed cracks with sealant material in good condition and with a width that cannot be determined. Low Extent: <100 cracks per lane- mile; no 3 cracks within 50-foot stretch Seal or reseal crack or joint and overlay. Patching and Potholes: Patch/Patch Deterioration None allowed Repair to full depth. Potholes None allowed Repair to full depth. Surface Deformation: Rutting <1/8 inch deep Low Extent: <5% of traveled surface per lane- mile Rotomill and overlay; determine cause (e.g., OGSC or full depth) and replace to that depth. Shoving <1/8 inch deep Low Extent: <5% of traveled surface per lane- mile Repair to full depth or Rotomill and overlay; determine cause (e.g., OGSC or full depth) and replace to that depth. Surface Defects: Bleeding Low Severity: An area of pavement surface discolored (relative to the remainder of the pavement) by excess asphalt. Low Extent: 2% of surface area per lane-mile Surface-treat with plant mix friction course. Polished Aggregate Reduction in surface friction. Low Extent: 2% of surface area per lane-mile Surface-treat with plant mix friction course. Raveling Low Severity: Aggregate or binder beginning to wear away, but no significant progression yet; some loss of fine aggregate. Low Extent: <2% of surface area per lane-mile. Surface-treat with plant mix surface treatment.

C-32 Performance-Based Pavement Warranty Practices TABLE 9C-2 (continued) DISTRESS TRIGGER VALUES FOR FLEXIBLE PAVEMENTS Distress Type Allowable Severity Corrective Action * Level Extent Miscellaneous Distress: Lane-to- Shoulder Dropoff Allowable: Maximum ¼”; and Mean width, <¼” Low Extent: 5% of joint length per lane-mile Restore shoulder elevation Water Bleeding and Pumping Seeping or ejection of water from beneath the pavement through cracks Not allowed Seal or reseal Differential Settlement at approach slab/pavement interface Allowable: Maximum = ½ inch At any location Slab-jack or remove and replace pavement * All corrective action(s) apply to full width of paving pass for full length of distress, except where noted otherwise. C-4 Lamps and Luminaires Warrant all contractor furnished/non-State furnished luminaires for 8 years. C-5 Drainage A. Warrant the quality and function of drainage features constructed under this contract for the duration of the Warranty Period. B. Warrant the quality and function of irrigation facilities constructed under this Contract for the duration of the Warranty Period. D. SUBMITTALS Provide submittals to the Department in accordance with Table 9D-1. TABLE 9D-1 DESIGN-BUILDER SUBMITTALS FOR WARRANTIES Submittal For Approval Schedule Warranty Bond and Letter of Credit for Pavement Markings No Prior to Placing Virginia DOT The Contractor shall provide a one-year warranty from the date of final acceptance on all hydraulic cement concrete patches. The Department will stencil all patches with the installation date and project identification. The Department will monitor patches installed throughout the warranty period for compliance and acceptability. The Contractor shall remove and replace any patch that fails due to materials or workmanship before the end of the warranty period shall do so within 14 days after Department notificati on unless otherwise directed by the Department. Failure of a patch is defined by the medium or high severity occurrence of longitudinal cracking, transverse cracking, transverse joint spalling, longitudinal joint spalling, corner breaks, joint faulting or other undesirable distress as described and measured in the 2003 Distress Identification Manual for the Long-Term Pavement Performance Program. The Engineer shall notify the Contractor of the date for the warranty inspection and the Contractor shall be present at the inspection. If notified regarding a failed patch, the Contractor may request a review by the Department. This review will be conducted to determine if the patch failure is a result of materials or workmanship based on a visual inspection. Further inspection may be required as directed by the Department. Failures not related to materials or workmanship are excluded from this warranty.