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2004 Specifications CSJ 6262-50-001 & 6262-53-001

SPECIAL SPECIFICATION

7649

Performance Based Total Maintenance of Highways

1. Description. This Item shall govern for Total Maintenance of highways, including all the existing

appurtenances and future additions. This includes, but is not limited to, Routine Maintenance and

other maintenance as directed and approved by the Department, of main lane roadways, frontage

roads, shoulders, ramps, intersections, roadsides, bridges, picnic areas, weigh stations, pump stations,

traffic operations, etc. existing within the limits of Work shown in the plans.

Routine Maintenance shall be defined as performing Work including litter and debris removal,

sweeping, traffic control, pavement preventive maintenance and repair as described herein (including

subsequent Routine Maintenance thereof), roadside traffic safety appurtenance maintenance and

repair, vegetation, brush, landscape and tree maintenance, etc. to maintain the roadway and roadway

appurtenances in their Baseline Condition. Unless otherwise indicated herein, Baseline Condition

shall mean the condition at the time of authorization to begin Work.

The Contractor shall determine when and where to perform Routine Maintenance Work to meet the

Key Performance Indicators (KPI), refer to Table 5 of Section 6. Payment, and maintain the roadway

and roadway appurtenances in the Baseline Condition.

A. Reference Documents. Unless otherwise stated within this Special Specification and/or required

by this Contract, the documents referenced in this Section are not Contract requirements. They

are those that the Department currently uses and are strictly for “information purposes only”. The

Department does not warrant or guarantee, in any way, the outcomes achieved by the Contractor

if using any document included for “information purposes only”.

1. Maintenance Manual

2. Vegetation Management Manual

3. Herbicide Operations Manual

4. Herbicide Recordkeeping Book

5. Traffic Operations Manual

6. Sign Crew Field Book

7. Highway Condition Report (HCR) Manual

8. Use of Right of Way by Others

9. Material Producer List

10. Public Assistance Guide FEMA 322

11. Emergency Relief Manual FHWA

12. Department’s Function Code Chart 12

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B. Existing Agreements. The Department has Municipal Maintenance Agreements, Lighting

Agreements, Traffic Signal Agreements, and other agreements concerning the highways included

in this Contract. The location(s) and Work performed by others, and Contractor exceptions for

maintenance responsibility within these areas, are shown in the plans.

C. Department Standards. Unless otherwise approved by the Engineer, Work performed and

materials used under this contract shall conform to the latest version of Department standards and

specifications.

2. Materials. Materials shall conform to the Contract referenced standard specification, special

specification, special provision or plan standard applicable to the Item of Work. Furnish all materials

necessary to complete the Work. Furnish the Engineer with documentation indicating material

compliance with Department specifications. New innovative or alternative materials may be used, if

approved by the Engineer. Failures of all materials will be the responsibility of the Contractor.

3. Equipment. Furnish all equipment, tools and machinery necessary for the proper prosecution of the

Work.

4. Work Methods/Scope of Work.

A. General. Perform all Work required for Routine Maintenance to maintain and operate the

highway and its appurtenances. This includes preventive maintenance and repair required to keep

highways and its appurtenances in their Baseline Condition, all operational items of Work to

support the intended function of the highway, and such Work for incident management, cleanup

of spilled cargo, removal and disposal of damaged and unsalvageable materials, catastrophic

repair, obtaining required permits, etc.

Maintain the roadway or roadway appurtenances to the Baseline Condition. If improvements are

made to the Baseline Condition through unit price Contract Work or other work perform by, or on

behalf, of the Department, perform failure repairs without cost to the Department unless

otherwise stated herein.

The Department will obtain environmental permits when required. Display permits at the work

location. Do not initiate Work in or near creeks, streams, wet lands, or Work that will disturb

over 1 acre of land without previous Department approval.

Implement Best Management Practices (BMPs) associated with Routine Maintenance activities

encompassed in this contract to comply with environmental commitments per TxDOT’s

Maintenance Programs. Refer to the following link for a summary of BMPs that apply:

https://ftp.dot.state.tx.us/pub/txdot-info/env/bmp summary.pdf.

The safety of the traveling public is of the utmost importance and shall take priority over any

other Work. Damage that could endanger the traveling public or cause further deterioration of the

highway or appurtenances shall be temporarily or permanently repaired upon discovery or

notification which may include working nights, weekends and/or holidays. This includes the

placement and maintenance of traffic control devices and implementation of traffic control to

complete the repairs. Other Work should be scheduled as soon as possible with the agreement of

the Engineer.

Coordinate with other Contractors, cities, counties, state and local law enforcement, utilities, fire

departments, health services and other state and federal agencies.

The Department is required to comply with the provisions of Chapter 122 of the Texas Human

Resources Code and expects a good faith effort by the Contractor to incorporate the use of this

program into its operations while performing Work on this Contract.

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The use of Community Rehabilitation Programs (CRP's) is outlined in this Chapter, specifically

Section 122.008. “Procurement at Determined Prices” states "A suitable product or service that

meets applicable specifications established by the state or its political subdivisions and that is

available within the time specified must be procured from a CRP at the price determined by the

council to be the fair market price." The Department reserves the right to mediate disputes

involving subcontracts or potential subcontracts with CRP's and central non-profit agencies

(CNA) such as TIBH Industries.

If the Contractor fails to provide Routine Maintenance resulting in excessive and unanticipated

deterioration of the roadway or roadway appurtenances, repair the roadway or roadway

appurtenances to a condition commensurate with the roadway or roadway appurtenance

characteristics, traffic volume, and age at no additional cost.

Time requirements listed herein shall be measured from discovery or notification until the Work

Description is completed. Days are defined as calendar days.

B. Develop, Submit, and Implement a Quality Management System (QMS). The QMS shall be

specific for this Contract that is compliant with the International Organization for Standardization

(ISO) 9001:2008 standard, or the latest version at the time of bid submission, and submit for

approval by the Engineer.

1. The QMS shall consist of the Quality Management Plan, ISO 9001:2008 required

documented procedures, quality policy, quality objectives, necessary procedures for a

compliant QMS, and a matrix indicating where the Contractor has addressed each shall

statement, within the ISO standard, applicable to the Work to provide execution of the

Work in accordance with the Contract.

2. The QMS customers shall be considered to include Department and Department’s

representatives, highway users, individual landowners and municipalities affected by the

Contract, staff in the Contractor’s organization, suppliers and subcontractors, and

emergency services agencies.

a. Contact each customer within 48 hours after their initial notification to gain

understanding of complaint/nature of contact or additional information, if necessary.

b. Schedule Work associated with the customer notification to meet KPI, as applicable.

c. Follow-up with the customer within three (3) days of the scheduled Work providing

an expected completion date.

3. Submit the QMS within 60 days of authorization to begin Work.

4. Train Contractor personnel in the implementation of the QMS within 30 days of plan

approval or within seven (7) days of assignment to the Work following approval.

5. Maintain the QMS to meet the Key Performance Indicators (KPI), refer to Table 5 Section

6. Payment, requirements, including the timing, frequency, method(s) and process(es) for

performing roadway and roadway appurtenances condition monitoring and correction to

meet the KPI. Provide QMS changes/updates to the Engineer. Provide evidence of

monitoring compliance, measurement where applicable, and analysis of processes assuring

quality and improvement through preventive and/or corrective actions, where necessary, of

the Work.

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6. The Engineer will review the QMS, and each update/change thereto, and shall meet with

the Contractor within 30 days after submittal to discuss revisions and clarifications to reach

agreement(s). Resubmit the QMS to the Engineer within 15 days following this meeting.

The Engineer shall approve or disapprove the QMS within 15 days following resubmittal,

if necessary.

a. If the Engineer disapproves the QMS, submit a revised, or updated, QMS rectifying

such matters to the Engineer and, for matters the Contractor disagrees with, a written

response setting forth Contractor dispute, with details of grounds for dispute, of those

comments, objections, recommendations and disapprovals, within ten (10) days after

receiving Engineer comments, objections, recommendations or disapproval(s).

b. If the Contractor fails to give such written response within the time period above, it

shall be deemed to have accepted the Engineer’s comments, objections, and

recommendations.

c. The Engineer and the Contractor shall endeavor in good faith to reach agreement in

the comments, objections, and recommendations on the QMS.

d. The Engineer shall randomly audit the Contractors compliance with the QMS and

may assess payment reductions for lack of objective evidence indicating compliance.

C. Develop and submit the Safety Plan.

1. The Safety Plan shall be submitted with 30 days of the authorization to begin Work and:

a. Describe the Contractors policies, plans, training programs, Work site controls, and

incident management plans for the health and safety of personnel involved with the

Work and the general public affected by the Work during the term of the Contract;

b. Define the role and responsibilities of the Safety Manager and safety staff, the

hierarchical relationship between the Safety Manager and other managers,

supervisors, and employees, and how responsibility and accountability for safety will

be incorporated at all levels;

c. Identify personnel and responsible staff who will implement, maintain, and enforce

the Safety Plan rules and policies;

d. Provide a safety policy, objectives, and goals for communication of safety, security,

and health and obligations of all personnel adherence;

e. Describe the methodology for evaluating the effectiveness and measuring the success

in meeting the goals and objectives and identification of deficiencies in meeting the

defined goals and objectives;

f. Contain incident response plan(s) for providing for the safety of personnel involved in

the Work and the general public affected by the Work;

g. Contain policies to require, and procedures to assess compliance with, adherence to a

100% drug/alcohol free work zone;

h. Provide a system that allows employees to notify management personnel of conditions

that appear hazardous, and to receive timely and appropriate responses, without fear

of reprisal;

i. Contain procedure(s) addressing:

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(1) Identification of all hazards that may be encountered by employees while

performing the Work, including communications protocol providing hazard

awareness to employees and how to deal with them appropriately;

(2) Providing employee understanding and compliance with safe work practices

through training, positive reinforcement, correction of unsafe performance, and if

necessary, enforcement through a disciplinary system. These procedure(s) shall

include:

(a) Process to identify, develop, and provide relevant training for employees and

supervisors designed to provide all employees understanding and awareness

of hazards they may be exposed to and proper methods for avoiding the

hazards; and

(b) Process for supervisory training programs providing understanding of their

role in job site safety and enable them to carry out their safety responsibilities

effectively; to analyze the Work under their supervision to anticipate and

identify potential hazards; and to maintain physical protection in the Work

areas, including the establishment of policies to assure each employee is

provided with the equipment necessary to complete assigned tasks safely.

(3) Planning and preparing for emergencies, and to conduct training and emergency

drills, as required;

(4) Maintenance of communication for the exchange of information between the

Contractor, Department, and other involved agencies;

(5) Development of coordinated support through interaction with local, State, federal

governmental entities, as well as other entities, for safe and efficient

maintenance;

(6) Communication and coordination of emergency response, traffic control,

security, and operational issues affecting the Work, and associated feeders and

exits to the Work site; and

(7) Updating affected agencies regarding the status of the Work, and associated

system feeders and exits, to assure safe and timely response to emergency events.

As a minimum, this shall include off-site and on-site traffic routing changes, and

changes to Work site access and changes in the Work that may create a greater

likelihood of occurrence of a particular type of emergency.

j. Identify the Safety Manager responsible for carrying out the Contractor’s Safety Plan

and all safety-related activities, including training and enforcement of safety

operations. The Safety Manager must have project safety experience; report directly

to the Contractor’s Project Manager and have the authority to stop Work. The Safety

Manager’s qualifications shall include:

(1) Ten (10) years of progressive safety experience, education may be substituted for

experience on a year for year basis, five years of which must be safety

management experience on highway construction or maintenance projects;

(2) Designation, at or before the authorization to begin Work, as a Construction

Health and Safety Technician (CHST) or higher certification issued by the Board

of Certified Safety Professionals (BCSP);

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(3) Completed the OSHA 30-hour Safety and Health Course;

(4) Training and current certification for CPR and First Aid; and

(5) Possess verifiable competency in the construction safety disciplines related to the

Work to be performed and/or retain fulltime competent persons required by State

and Federal safety standards.

k. Require all Work shifts have, as a minimum, an onsite shift safety representative. The

shift safety representative shall have the following minimum qualifications:

(1) Three (3) years of progressive safety experience and general competency in the

safety disciplines related to the Work;

(2) Completed the OSHA 10-hours Safety and Health Course; and

(3) Training and current certification for CPR and First Aid.

D. Submit Work Plans. Submit monthly and Annual Work Plans to the Engineer. Work Plans

shall include all Work identified in the Contractor’s assessment of the roadway and roadway

appurtenances to provide Routine Maintenance, Work necessary to meet the KPI, other unit price

Contract Work directed by the Engineer, and Work related to appropriate public service requests

or complaints. Submit the monthly Work Plan by the end of each month for Work planned

during the following month. Submit the Annual Work Plan within 60 days of the authorization to

begin Work and by the end of August of each year.

The monthly Work plan shall include the Work to be performed, dates and times of the Work

with traffic control plans to be implemented for each respective Work activity during the month.

Each Work plan shall include reference to the Safety Plan job hazard analysis applicable to each

type of Work.

E. Perform Routine Maintenance of the roadway, bridges and roadway appurtenances. References to Standard Specifications made herein are with exception to Measurement and

Payment Sections of those Items. Work requests, if stated within the Standard Specifications

shall be made by the Contractor to meet the KPI.

1. Perform traffic control for all Work, Department condition assessments, accident

reconstruction, law enforcement functions, bridge inspections, etc. within the limits of the

Contract, in conformance with the Texas Manual on Uniform Traffic Control Devices for

Streets and Highways (TMUTCD), TxDOT Barricade and Construction (BC) Standards,

Work Zone (WZ) Standards, and TxDOT Traffic Control Plan Standard Sheets (TCP).

Unique Work situations may require the preparation of individual Traffic Control Plans

(TCPs). Unless otherwise approved by the Engineer, individual TCPs signed and sealed by

a professional Engineer licensed in Texas, shall be submitted to the Engineer for approval a

minimum of 72 hours prior to use.

a. Locations that could pose a hazard to the traveling public shall be signed and

delineated using appropriate traffic control devices, such as barrels, cones, etc.

b. A person who is certified by American Traffic Safety Services Association (ATSSA)

or the Texas A&M Engineering Extension Service (TEEX) shall supervise the

installation and removal of traffic control devices.

c. Flaggers shall have “Flagger in Work Zones” training. Provide certification

documentation to the Engineer every 12 months or as changes are made.

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d. Lane closure time restrictions, and notification requirements, are shown in the General

Notes.

2. Perform Routine Maintenance of Pavement involving, but not limited to, sealing cracks,

pothole repair, pavement failure repair, joint failures, pavement bleeding or stone loss,

pavement hump or heave, edge drop off or build up correction, pavement rutting, joint

sealing, spall repair, pavement distress repair, isolated spot HMA levelups, etc.

a. Perform pothole repair in accordance with Item 700, Pothole Repair.

b. Perform Cleaning and Sealing cracks in roadway surfaces a minimum of once per year

for cracks 1/16 inch to less than or equal to 1/4 inch. All cracks greater than 1/4 inch

shall be cleaned and sealed within fourteen (14) days.

(1) Asphalt concrete pavement crack sealing shall be performed in accordance with

Item 712, Cleaning and Sealing Joints and Cracks (Asphalt Concrete).

(2) Rigid pavement and bridge deck crack sealing shall be performed in accordance

with Item 438, Cleaning and Sealing Joints and Cracks (Rigid Pavement and

Bridge Decks).

c. Perform Pavement repair or replacement. Make temporary and permanent repair or

replacement to pavement when failure occurs, including full depth, regardless of the

number of occurrences up to 1,000 square feet (sf) per mile per lane. The 1,000 sf

applies to each direction of mainlane, direct connector, ramps, each frontage road, and

other roadways separately (Example. A roadway, covered under this contract, has

northbound and southbound mainlanes and frontage roads on each side of the

mainlanes. The Contractor is responsible for 1,000 sf northbound and 1,000 sf

southbound for the mainlanes and 1,000 sf for each frontage road whether they are

one-way or two-way per mile per lane.). The total quantity of repairs applied towards

the 1,000 sf cap is not cumulative for the term of the Contract and will be reset each

year.

Repairs greater than 1,000 sf per mile per lane may be authorized by the Engineer to

be performed, with other unit price Contract Work, when the quantity under Routine

Maintenance is considered to require such Work at the Engineer’s discretion.

(1) Repair flexible pavement with materials of similar type existing in the pavement

structure unless otherwise shown in the plans or receiving approval from the

Engineer for alternative type.

(2) Perform concrete pavement repair in accordance with Item 361 and permanent

concrete spall repairs in accordance with Item 720.

d. Correct any ponding of water on the roadway, to include travel lanes and shoulder.

The Department will perform International Roughness Index (IRI) measurements annually.

Perform repairs to correct pavement deficiencies at no additional cost to the Department

when lack of Routine Maintenance Work is determined as the cause for IRIs at 120 or

above.

3. Perform Cleaning and Sweeping Highways in accordance with Item 738 at the minimum

frequency as shown in the General Notes and at spot locations to remove the buildup of

dirt, ice, rock, debris, etc. on roadways and bridges when accumulation is greater than 18

inches wide or ½ inch deep.

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a. Perform hand sweeping in areas which restrict the use of sweeping equipment and

other hard to reach areas including, but not limited to: high curbed areas, bullpens,

behind and/or next to retaining walls, behind and underneath guardrail, around bridge

and structure columns, sidewalks on structures, sidewalks along the roadway (within

the right-of-way), concrete riprap and other areas under structures.

b. Clean drain openings (barrier drain slots) in Concrete Traffic Barrier (CTB). Remove

any obstructions or blockage behind CTB drain openings which prohibit the flow of

runoff drainage.

c. Unless otherwise allowed in the General Notes, do not stockpile debris, etc. on the

right of way prior to disposal.

4. Perform Vegetation Management including Landscaped Areas, Green Ribbon Programs,

Mitigation Areas, Channel Easements, Retention Ponds, Water Quality Ponds, and Picnic

Areas.

a. Mow the vegetation and spot mow vegetation near intersections, ramps and other

areas impacting driver sight distances to regulatory and warning signs, signals,

intersecting roads/drives, etc. in accordance with Item 730.

(1) Maintain vegetation height between:

(a) seven (7) inches and eighteen (18) inches in height in metro and urban areas

except as indicated below;

(b) seven (7) inches and thirty (30) inches in height in rural areas, except as

indicated below;

(c) five (5) inches and eight (8) inches in landscaped areas; and

(d) five (5) inches and twenty-four (24) inches in Green Ribbon Program (GRP)

Areas. Note: 24 inch grass height within six (6) inches of a tree or shrub

base, within a GRP Area, to avoid damage to the tree or shrub.

b. Herbicide and/or remove grass or noxious weeds encroaching upon and/or along

edges of pavements, sidewalks, riprap, signs, any paved roadway surface, retaining

walls, sidewalk, mow strip, concrete barrier, or curbs.

c. Control noxious weeds and trees prior to them reaching 30 inches in height (Refer to

the TxDOT Herbicide Operations Manual). Conduct all herbicide operations under

the direct supervision of a licensed Pesticide applicator in the appropriate use category

and in accordance to Texas Department of Agriculture requirements.

d. Remove damaged or dead trees, branches and brush unless shown on the plans as a

non-maintenance area. Non-maintenance areas include native forests and wetlands.

e. Protect wildflowers (Refer to guidelines in the TxDOT Roadside Vegetation

Maintenance Manual). Vegetation height will be allowed to exceed 30 inches until

wildflowers mature and drop their seeds. After wildflower season, begin and

continuously mow vegetation to meet the KPI and requirements herein.

f. Prune trees and brush, in accordance with American National Standards Institute

(ANSI) guidelines, to optimize their health/growth and prohibit interference with

vehicles, pedestrians, sight distance, or visibility of signs/signals.

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g. Perform mowing, litter pickup, irrigation system operation and maintenance, plant

maintenance, pruning, insect/disease/pest control, fertilization, mulching, bed

maintenance, watering, and electrical maintenance, etc. in Landscape Areas.

Landscape areas include areas designated on the plans, all areas within 200 feet of

underpasses within city limits and Picnic areas.

(1) Remove and replace damaged or dead plants, trees, and brush. Remove all vines

from trees and shrubs prior to applying herbicide. Use plants, trees, and brush of

the original size, species, and characteristics, or an approved substitute.

(2) Perform landscape irrigation system maintenance and repair with personnel

possessing an irrigator’s license issued by the Texas Commission on

Environmental Quality supervising the Work. Submit current valid license and

certification documentation. Maintain current license and certification through

the Contract term.

h. Perform mechanical or chemical trimming, plant bed maintenance, pruning, plant

removal, insect/disease/pest control, litter/debris pickup, and herbicide application,

unless otherwise noted in the plans or General Notes in Green Ribbon Program (GRP)

Landscape Areas.

5. Perform maintenance of drainage within the Right of Way (R.O.W.) and within drainage

appurtenances (culverts, pipes, channels, easements, inlets, grates, storm drain systems,

bridge drains, pump station wells/baskets, mitigation sites, detention/retention/water

quality ponds, hazardous material traps, ditches, traffic barrier drainage slots, etc.).

a. Maintain embankments, channels, ditches, etc. Repair slope failures and erosion.

Repair erosion before it is deeper than 18 inches in depth. Provide sodding, seeding,

fertilizer, erosion control devices to allow natural vegetation to re-establish after

repairs.

b. Maintain storage volume above 80 percent of its designed capacity.

c. Maintain water quality ponds in accordance with the approved Texas Commission on

Environmental Quality (TCEQ) permit, plan notes, and to prevent standing water after

48 hours of a rain event.

d. Clean sediment traps prior to sediment reaching 20 percent of the trap’s capacity.

e. Keep appurtenances clear, functioning, and free of debris/trees/brush.

f. Repair or replace separated, collapsed, or crushed pipes/culverts and/or

damaged/undermined riprap.

g. Investigate and remediate any drainage related issue that could affect the health and

welfare of the public. Examples are items blocking the flow of water or areas with

erosion.

h. Respond; implement traffic control; and remedy, to the extent practicable, flooding of

roadway(s) associated with rainfall events.

i. Maintain pump stations in accordance with Item 764, Pump Station and Drainage

System Cleaning.

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6. Perform maintenance of roadside traffic safety appurtenances (e.g. concrete traffic barrier,

metal beam guard fence (MBGF) in accordance with Item 770 Guard Fence Repair, cable

barrier systems, and attenuators in accordance with Item 774 Attenuator Repair) including

cleaning, replacing or tightening bolts, repairing or adjusting to maintain proper operation.

a. Barriers shall be straight, in the original alignment, and repairs made with the same

material as original fabrication to provide an adjoining color and finish match and

minimize damaged appearance.

7. Perform litter and debris removal in accordance with Item 734 and 735 respectively.

a. Remove litter and debris such that no more than:

(1) 30 pieces of litter (rural) and 50 pieces of litter (metro) per roadside mile are

visible when traveling at the posted highway speed;

(2) 10 rubber pieces are visible per roadside mile when traveling at the posted

highway speed; and

(3) 12 pieces of litter are visible from the highway per 1,000 feet of roadbed within

Landscaped Areas and GRP Areas.

(4) Remove snow and ice debris at the end of each event to meet the KPI.

b. Remove within Mitigation Areas and Water Quality Ponds within 30 days.

c. Remove within Picnic Areas:

(1) Provide an adequate number of trash barrels and frequency of trash removal from

barrels to avoid having any barrel more than 80 percent full; and

(2) Remove trash placed outside of barrels within 24 hours.

8. Perform maintenance of miscellaneous roadside items (Refer to TxDOT Use of Right of

Way by Others manual).

a. Encroachment removal shall include signage and any non-standard mailbox

assemblies within the R.OW. not authorized by TxDOT. Notify the Engineer when

other encroachments are discovered within the R.O.W.

b. Install approved resident supplied mailboxes on Contractor furnished approved post,

mounting hardware, and delineation.

c. Perform maintenance of Picnic Areas in accordance with Item 745.

d. Perform maintenance of sidewalks to the Baseline Condition including, but not

limited to, maintain compliance with the Americans with Disability Act (ADA),

sweeping and debris removal, crack repair, tree and vegetation management, removal

of encroachments reducing the travel way, and cross-slopes.

e. Perform graffiti removal in accordance with Item 740.

9. Perform Bridge Inspection and Maintenance. A bridge shall be defined as a structure,

including supports, erected over a depression or an obstruction, such as water, a highway,

or a railway; having a roadway or track for carrying traffic or other moving loads; and

having an opening measured along the center of the roadway of more than 20 feet between

faces of abutments, spring lines of arches, or extreme ends of the openings for multiple box

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culverts or multiple pipes that are 60 inches or more in diameter and that have a clear

distance between openings of less than half of the smallest pipe diameter. Submit

inspection findings on Department form MNT BG-4. Do not place asphalt overlays on

bridges that do not currently have asphalt overlays. Do not increase asphalt overlay

thickness on bridges with existing asphalt overlay.

a. Perform inspections with personnel that have taken and passed NHI Course FHWA-

NHI-134029, or equivalent approved by the Engineer. Submit evidence of successful

course completion. Maintain records indicating date(s) of and observations during

inspections.

b. Perform inspections when notified that damage has occurred; after a rainfall event that

may have caused damage to the bridge, as determined by the Engineer; and one

inspection in the off-year of the contracted Routine Bridge Inspection every 24

months at the Department’s current schedule. Notify the Engineer when damage is

discovered within 1 hour.

(1) Establish detours when there is any question about the ability of the structure to

function in a safe manner.

c. Perform cleaning and sealing, when seal is damage or no longer bonding, of

expansion joints between approach slabs and concrete pavement and bridge deck

armor and expansion joints.

(1) If the expansion joint is greater than ½ inch wide, but the seal is damaged,

remove the existing seal, clean, and seal the joint in accordance with Item 438,

Cleaning and Sealing Joints and Cracks.

(2) Repair polymer concrete expansion joints with material meeting DMS-6140,

“Polymer Concrete for Bridge Joint Systems” and DMS-6310, “Joint Sealants

and Fillers”, unless otherwise approved by the Engineer. If permanent repairs

cannot be initiated within 1 hour, fill hole created by failed expansion joint with

containerized asphalt.

d. Perform repairs to prevent entry of roadway runoff entering under approach slab.

e. Repair concrete spalls, punch-outs, or asphalt raveling on bridge decks.

(1) Initiate mobilization and continuous Work within 1 hour.

(2) When asphalt ravels, remove asphalt and inspect deck surface and underside of

deck at problem area. If no surface spall is detected, replace asphalt. Report

findings to Engineer.

(3) Repair deck surface spalls and damage as outlined below, unless otherwise

approved by the Engineer, in accordance with Special Specification 4491.

(a) Shallow surface spalls not exposing reinforcing steel.

(b) Surface spalls exposing top mat of reinforcing steel, but not bottom mat.

(c) Restore asphalt over repairs for decks overlaid with asphalt.

f. Perform removal and disposal of debris from bridge drains, caps, bearings,

substructure, riprap, etc. including, but not limited to, bat guano and other animal

droppings.

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g. Perform maintenance and repair of bridge curbs, parapets, sidewalks, sidewalk joints,

and rails.

h. Perform maintenance of beam protection system, illumination, and signage including

mounting hardware.

i. Perform sweeping and power washing of bridge deck, parapets, railing, abutments,

backwalls, caps, and bearings annually after the last application of deicing chemicals.

(1) Paint scaled areas of steel bearings with Department approved high quality epoxy

paint.

j. Perform maintenance of channels/water crossings.

(1) Repair channel erosion, scour, sediment buildup, culvert end treatment safety

features, and slope/channel stabilization measures (e.g. riprap, gabions, etc.).

(2) Perform Vegetation Management in accordance with Section 4.E.4 to include

control of encroachment on bridges.

(3) Remove debris.

k. Remove graffiti and apply anti-graffiti coating in accordance with Item 740, Graffiti

Removal and Anti-Graffiti Coating.

10. Perform Traffic Operations Device Maintenance. Work excludes responsibility for utility

costs.

a. Perform signal system inspection within the first 60 days after authorization to begin

Work and every 12 months thereafter. Repair or replace all deficiencies, with

equivalent material, or as approved by the Engineer, in accordance with Item 690

Maintenance of Traffic Signals. Report all findings and Work performed to the

Engineer.

(1) Check controllers, MMU/conflict monitors, detector units, relays, uninterruptible

power supplies, railroad pre-emption issues, and pedestrian push buttons, with

certified testers for proper function.

(2) Document all inspections and corrective actions for each intersection in a

separate log book. Provide log books for review as requested.

(3) Perform routine traffic signal system maintenance including response to notices

of operational malfunctions and damage.

(4) Program the signal timing and operational phasing as directed by the Engineer.

(5) Perform maintenance, annual cleaning or replacement of filters in the cabinet,

repairs or replacement of traffic detection devices.

b. Perform maintenance, repairs or replacement of signs, assemblies and overhead

supports. Signs, placement, sign posts, sign foundations, and sign support shall be in

accordance with applicable TxDOT Sign Mounting Detail (SMD) and Typical Sign

Requirements (TSR) standard sheets (Refer to TxDOT Sign Crew Field Book).

(1) Provide details for all non-standard signs for approval.

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(2) Perform day and night sign inspections on six month intervals, starting from the

date of authorization to begin Work, keep a log of inspection findings and submit

to TxDOT by the 15th of the month following the inspection. Replace all signs

not meeting Minimum Maintained Retroreflectivity Levels shown in the

TMUTCD.

(3) Install new signs added to the system as directed by the Engineer.

(4) Repair or remove overhead sign structures and signs that present a safety hazard.

(5) Verify all bridge vertical clearances annually. Replace signs when measurements

do not reflect signed clearance. The measurements for “Actual Clearance”,

“Signed Clearance”, nature of any sign work performed, and when it was done

shall be reported to TxDOT.

(6) Open signs warning of ice on road in the fall and close in the spring as directed

by the Engineer.

(7) Install riprap around new or reconstructed large sign foundations as shown on the

applicable standard sheet, where existing.

c. Raise, remove, and turn traffic signal cables and/or mast arms for the passage of

oversized vehicles as required.

11. Perform maintenance of Highway Illumination (roadway and high mast lighting). Note:

the Contractor is not responsible for utility costs.

a. Perform monthly night inspections of luminaires and submit report, in a format

acceptable, to the Engineer.

(1) Identify each outage by pole number and GPS coordinates on an approved

inspection report.

(2) Repair all deficiencies noted in the monthly inspection report form, with

equivalent material or alternate material approved by the Engineer.

(3) Perform cleaning of reflectors, glass lenses and refractors, at the same time any

maintenance/repair Work is performed on an assembly.

(4) Provide the portable lighting lowering device for any high mast lighting Work.

b. Secure all access panels. Replace missing panels with panels from the Department’s

pre-qualified materials list.

12. Perform maintenance of Pavement Markings, Raised Reflective Pavement Markers, Barrier

Markers, Object Markers and Delineators.

a. Perform annual Mobile Retroreflectivity Data Collection (MRDC) for all lane line,

edge line, centerline/no passing barrier-line Pavement Markings 60 days before the

first anniversary of the date of authorization to begin Work and each year thereafter,

in accordance with Special Specification 8094 Mobile Retroreflectivity Data

Collection for Pavement Markings.

b. Place new markings within 60 days of authorization to begin Work, where existing

Pavement Markings do not meet the minimum reflectivity requirements, according to

the MRDC data provided with the plans, and within 30 days following the annual

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MRDC, when reflectivity does not meet the minimum reflectivity requirements, with

materials meeting the requirements of, and in accordance with Item 666 or Item 668,

as applicable to the existing Pavement Markings. The minimum reflectivity

requirements are 150 mcd/m2/lx for white and 100 mcd/m

2/lx for yellow.

(1) Remove existing Pavement Markings, in accordance with Item 677 Eliminating

Existing Pavement Markings and Markers prior to placing new Pavement

Markings that will result in 180 or more mils (not including glass beads).

(2) Perform MRDC for each placed Pavement Marking after 30 days, but not later

than 40 days after application. Replace when the following minimum reflectivity

requirements for those placed Pavement Markings are not met: 250 mcd/m2/lx for

white and 175 mcd/m2/lx for yellow. Once these reflectivity requirements are

met, the previous minimum reflectivity requirements will control replacement

(e.g. 150 mcd/m2/lx for white and 100 mcd/m

2/lx for yellow).

(3) Maintain length, width, shape, size, color, and configuration to the Baseline

Condition.

(4) Place new contrast or shadow markings when placing new markings, if they

currently exist.

c. Perform inspection and maintenance of Raised Pavement Markers.

(1) Perform an initial inspection of all Raised Pavement Markers within 30 days of

authorization to begin Work.

(2) Perform inspection, both during the day and at night, every 6 months after

authorization to begin Work.

(3) Replace broken, missing, sunken markers, and non-reflective markers to achieve

the requirements below within 30 days after inspection in accordance with Item

672.

(a) At night, using a passenger vehicle with headlights set on low beam, four (4)

markers must be reflective when placed on 80 ft. spacing, or eight (8)

markers must be reflective when placed on 40 ft. spacing.

d. Repair or replace defective Barrier Markers, Object Markers and Delineators.

(1) Deficient shall mean not reflective, are not vertical, or are missing.

13. Perform Incident Management. An incident shall be defined as an event that disrupts the

normal operations of the roadway and flow of traffic. Examples include, but are not

limited to accidents, utility line failures, hail, wind, and rain.

a. Provide an Incident Scene Commander at all major incidents. A major incident,

unless otherwise defined by the Engineer, is any incident resulting in the need for the

Contractor to close a lane of traffic. The Incident Scene Commander shall be certified

as a Traffic Control Supervisor (TCS) by the American Traffic Safety Services, or

approved equal, to:

(1) participate in scheduled meetings with law enforcement, fire departments,

wrecker services, environmental cleanup crews, etc. to develop close cooperation

between these entities, improve response and incident clearance time; and debrief

after major events;

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(2) report to the scene of major incidents and remain on the scene overseeing

clearance of incidents;

(3) supervise implementation of traffic control;

(4) maintain contingency plans for incidents involving live animals;

(5) coordinate detour routes for freeway closures so that traffic movement is

accommodated; and

(6) communicate condition updates to the Engineer upon notification and each hour

thereafter until the incident is resolved/cleared.

b. Oversee implementation of traffic control at incidents.

c. Remove debris.

(1) When hazardous materials are dispersed at the incident, notify the appropriate

local, state, or federal governmental regulatory agency.

(a) If the responsible party (owner of the cargo) of the hazardous material does

not remove the material, remove the material in accordance with Federal,

State and local regulations, to a safe location on the R.O.W. as necessary to

restore traffic flow. Dispose of the material off the R.O.W. in accordance

with Federal, State and local regulations.

14. Perform Repair, and Replacement, of Roadway, and Roadway Appurtenances, Damage

Caused by Others/Third Parties. Replacement shall be made if the appurtenance no longer

functions as designed, when damaged, at the discretion of the Engineer. Repairs and

replacement shall be completed to meet the KPI. Obtain local/state law enforcement

participation in pursuit of action against the third party supporting the claim, if necessary.

Provide Documentation to the Department supporting a claim.

Documentation shall include date of the incident/accident; location of the damage (e.g.

city, county, highway); description of the damage; at least two photographs of the damage

to show the location of the accident, extent and damage to highway appurtenances, and

other factors that may have contributed to the accident; all parties involved including name,

address, telephone number, and their involvement (including witnesses); responsible party

and insurance information; description of vehicles involved; copy of the incident/accident

report(s) (police, fire, sheriff, DPS, eyewitness, etc.); actions taken to address the

accident/incident; documentation of traffic control in place; and the repair invoice with

details, and cost breakdown, of Work performed.

15. Catastrophic Damage. Perform Work in response to a Catastrophic event including, but

not limited to, responding to the scene, implementation of Traffic Control, removal of

debris and other Work as necessary to improve the immediate safety of the traveling public

as direct by the Engineer. Prepare necessary documentation in the required format to apply

for repair of the damage and perform the repair, if approved by the Department. The

Department reserves the right to reject the Contractor’s proposal and perform the Work by

state forces or other contract.

Catastrophic event is defined as serious damage to a Federal-aid highway as a result of a

natural disaster or catastrophic failure from an external cause. A catastrophic failure from

an external cause is defined in 23 CFR 668.103 as the sudden failure of a major element or

segment of the highway system due to an external cause.

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The failure is not attributable to gradual and progressive deterioration or lack of proper

maintenance. Refer to the FHWA Emergency Relief Manual updated May 31, 2013 or

most recent version.

a. Perform Work associated with Emergency Relief Funds. Perform Work, upon

direction of the Engineer, associated with approval of an event a Governors

Proclamation of an emergency resulting in Federal Highway Administration’s

(FHWA) award of Emergency Relief Funds (ER). For costs expended by the

Contractor, prepare the documentation in the required format to apply for Emergency

Relief Funds (ER) from the FHWA in the event of a Governors Proclamation of an

emergency.

16. Perform Maintenance in Environmentally Sensitive Areas.

a. Karst Preserve Areas.

(1) If karst preserve areas exist within, or adjacent to, the R.O.W., maintain the

R.O.W., as designated in the General Notes and plans, which are adjacent to the

karst preserve areas. Take particular care to avoid disturbance of the R.O.W. in

these areas. Special restrictions apply as outlined in the General Notes.

(2) Avoid the use of potential contaminants (e.g. fertilizers, pesticides, herbicides,

etc.). Avoid the introduction of non-native species, primarily fire ants.

Implement actions specified in the General Notes to control fire ants within the

R.O.W.

(3) Report the presence of red imported fire ants to the Engineer. Upon confirmation

of red imported fire ant mounds by the Engineer, submit plans to treat fire ant

mounds consistent with the U.S. Fish and Wildlife Service protocol for approval

prior to implementation.

(4) The use of topsoil or sod from offsite shall be minimized to limit the spread of

fire ants and the introduction of non-native species.

Certify in writing that each load of off-site topsoil, compost, and sod is free of

red imported fire ants prior to placement.

The certification shall contain the following as a minimum: the date, supplier,

materials, truck number, location of placement, and signature of the Contractor’s

agent or representative.

(5) Limit seeding or sodding to native vegetation. Recommended plant species are

listed in the General Notes. Other species may be used upon approval of the

Engineer.

b. Wetland Mitigation Areas and Waters of the U.S.

(1) If wetland mitigation areas exist within the R.O.W., as designated in the General

Notes and plans, all required maintenance shall be performed so that the native

characteristics of the vegetative community are retained.

(2) Limit active maintenance practices such as herbicides and pesticide application

within 500 feet of the mitigation areas. Maintain, replace, or place “No Mow”

signs at the edge of the wetland areas to prohibit mowing within the wetland

areas within 30 days of authorization to begin Work.

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(3) Limit any necessary seeding, or sodding, of grasses or planting of woody

vegetation in these mitigation areas to the species listed in the General Notes.

Other species may be used upon approval of the Engineer.

c. Migratory Bird Treaty & Endangered Species Acts.

(1) Limits subject to the Migratory Bird Treaty Act are designated in the General

Notes and plans. Woody vegetation clearing and tree trimming throughout the

designated areas shall occur only between September 1 and February 28, outside

the nesting season. Submit a plan (including description of Work, proposed

dates, and location) two weeks prior to the trimming or clearing date. Obtain

approval for woody vegetation removal from March 1 to August 31.

(2) Notify the Engineer, if any occupied birds’ nests are identified in the path of any

vegetation removal or trimming. According to the Migratory Bird Treaty Act, it

is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill;

possess, offer to or sell, barter, purchase, deliver or cause to be shipped,

exported, imported, transported, carried or received any migratory bird, part,

nest, egg or product, manufactured or not.

(3) Limits subject to the Endangered Species Act are designated in the General Notes

and plans. Submit a plan (including description of Work, proposed dates, and

location) two weeks prior to the trimming or clearing date and obtain approval

for any woody vegetation removal throughout the year in the areas designated as

Endangered Species. Maintain the native characteristic of the vegetative

community.

d. Recharge and Contributing Zones.

(1) If maintenance areas within a Recharge Zone or Contributing Zone, subject to 30

TAC Chapter 213, are designated in the General Notes and plans, prepare the

appropriate Plan within 30 days from authorization to begin Work.

Implement water quality protections and coordinate with the Texas Commission

on Environmental Quality, as required by law.

(2) Regulated activities include, but are not limited to, installation of aboveground or

underground storage tanks, modification of existing water quality structures, and

ground soil disturbing activities such as clearing and excavation within the

Recharge or Contributing Zones. Special restrictions apply as outlined in the

General Notes.

17. Perform Reduced Routine Maintenance in Construction Work Zone Limits. If

construction, or reconstruction, project(s) that add mainlane capacity or totally reconstruct

the pavement on portions of highways covered by this Contract occur, or are ongoing,

Contractor shall be relieved of duties along those portions of highways, and within the

limits of the project(s), for the duration of the construction project with the exception of

Incident Management.

Once construction or reconstruction project(s) are completed or partially accepted for

maintenance, resume Work along those portions of the highway for the remainder of the

Contract term.

The Contractor will be given opportunity to provide a punch list on construction projects

prior to the acceptance of the construction project.

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F. Perform Structural Repair to Bridges.

1. Perform Traffic Control, when necessary, in accordance with Section 4.E.1.

2. Perform damage repairs as a result of Contractor performed inspections and Routine

Inspections performed by the Department, or performed on behalf of the Department (Ref:

Section E.9.), when directed by the Department.

a. The Department will determine the repairs to be made, including acceptable materials

and methods.

b. Provide a Work plan to the Engineer for approval and authorization to perform Work.

c. The Engineer will inspect the bridge after damage repairs are complete and report all

damage repairs to the District Bridge Inspection Coordinator.

3. Perform resizing and sealing of expansion joints (between approach slabs and concrete

pavement).

a. If expansion joint is less than ½ inch wide, resize the joint to the appropriate

dimension shown in Department standard JS-94, Concrete Paving Details Joint Seals,

unless otherwise approved by the Engineer, by sawing concrete on sliding side of joint

(either approach slab or concrete pavement). Clean and seal joint in accordance with

Item 438, Cleaning and Sealing Joints and Cracks.

4. Correct approach slab settlement(s) of 1 in. or greater from abutment backwalls.

5. Repair damaged or loose bridge deck armor and expansion joints.

6. Repair deck damage as outlined below, unless otherwise approved by the Engineer, in

accordance with Special Specification 4491.

a. Initiate mobilization and continuous Work within 1 hour.

b. Surface spalls exposing both mats of reinforcing steel and shallow spalls with

extensive cracking on the underside of the deck. Remove traffic from lane, or lanes,

impacted by damaged area through the implementation of traffic control. If

permanent repair cannot be initiated within 1 hour, perform temporary repair and

monitor effectiveness to provide safe travel for the public. Implement measures, as

necessary, including, but not limited to, implementation of traffic control to protect

the traveling public. Obtain full depth repair design from the Engineer.

c. Restore asphalt over repairs for decks overlaid with asphalt.

G. Report the following to the Engineer.

1. Work Accomplished. Implement, maintain and use a Computerized Maintenance

Management System (CMMS) to track and validate Work performed, compliance with

timeliness, and other Contract requirements. Allow access to authorized Department

personnel to review data in live time. The CMMS shall track, at a minimum:

a. All Work, using the Function Codes, units of measurement in the Department’s

Function Code Chart 12, and Department’s Function Code Chart 12 Guidelines,

including:

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(1) cost, date, location (roadway, beginning and ending reference marker, the

County), asset, activity, quantity of Work performed, associated asset damage

details for third party claims (include the minimum information stated in Section

4.E.14.) and where the Contractor is called to perform traffic control, clean up or

damage repair including, but not limited to: accidents involving any Contractor

or subcontractor personnel, equipment, barricades or tools, traffic accidents

within the limits, or in the vicinity, of any Work being performed by the

Contractor or their subcontractors, or any accident involving the Contractor or

the traveling public that causes damage to an appurtenance on the R.O.W.

b. The time of discovery or notification, time to respond, and time of Work completion

to each Key Performance Indicator (KPI) shown in Table 5.

c. All customer service inquiries and outcomes, complaints or service requests received

from the public, cities, counties, etc. This information will include, at a minimum, the

date and time of the complaint or request; the location of the concern; the nature of the

complaint or request; who made the complaint or service request, name, address, and

contact info; and date, time, and action taken to address the issue.

2. Report accidents to the Engineer involving: five (5) or more deaths; ten (10) or more

vehicles involved in a chain reaction collision; a school bus resulting in one or more

fatalities and/or disabling injuries; major damage to a highway facility; a commercial

vehicle incident with extensive property damage, etc.; deaths and/or disabling injuries to

workers and/or the public; resulting in a road closure that lasts eight (8) hours or more; an

evacuation; and creation of significant media interest.

a. Disabling is defined as any accident that requires the injured to be taken to the

hospital.

b. If there are any questions from the media, call the Department’s Contract manager

(telephone numbers will be furnished to the Contractor) to discuss the accident and the

need for reporting.

3. Highway Condition Report (HCR). The Contractor is required to have a personal

computer that is capable of connecting to the Department's information systems and shall

input any lane closures related to this Contract into the Department's HCR System.

4. The bridge clearance measurements for “Actual Clearance”, “Signed Clearance”, nature of

any sign work performed, and when it was done.

5. Report all Contractor Work scheduled lane closures within the timeframes established in

the General Notes.

H. Exceptions. The following items are excluded from the Contract:

1. Roadside assistance (courtesy patrol) to the traveling public.

2. All Intelligent Transportation System (ITS).

3. Executing agreements, such as utility permits, driveway permits, Multiple Use

Agreements, construction and maintenance agreements, and other similar type agreements.

4. Logo signing.

5. Rest Areas.

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5. Measurement. This Item will be measured by the highway mainlane centerline mile and each

frontage road centerline mile being maintained each month.

Highway mainlanes with frontage roads includes the travel lanes and area within the mainlane

drainage ditches or 30 feet outside the mainlane travel lanes in areas with no ditches.

Highway mainlanes without frontage roads includes the maintenance of all of the R.O.W. on the

side(s) of the mainlanes without frontage roads.

Frontage road centerline mile includes the frontage road travel lanes and area from the mainlane

ditches or 30 feet outside the travel lanes to the R.O.W. line, including easements as shown on the

plans.

The Department shall measure the Contractor’s performance in accordance with Table 5 – Key

Performance Indicators (KPI) and Monthly Condition Assessments.

Key Performance Indicators (KPI). Attainment will be tracked during the month. Each KPI is

separated into two different categories, Safety and Time, although most of the KPI have a time

criteria associated within them. This categorization relates to Section 6.C. Contractor Performance.

Condition Assessment. The Department will perform a Baseline Condition assessment using the

criteria in Table 1 – Assessment Scoring System. This Baseline Condition assessment will be

performed within 30 days of the authorization to begin Work. The Contractor will be notified of the

date of the Baseline Condition assessment and is encouraged to accompany the Department during

the assessment.

The Department will perform a condition assessment using the criteria in Table 1 – Assessment

Scoring System three times per year spaced at four (4) month intervals. These assessments may be

performed at any given time during the month. The Contractor will be notified one (1) to three (3)

working days prior to the date of the condition assessment and is encouraged to accompany the

Department during the assessment.

The Contractor and TxDOT each have the authority to designate one condition assessment per year in

addition to the condition assessments stated above. The date of the condition assessment shall be

determined by the party requesting the condition assessment. The Party requesting the condition

assessment shall notify the other Party three (3) working days prior to the date of the condition

assessment.

The number of roadway sections to assess will be based on a 95% confidence interval, or a minimum

of 10% of the project length. The 95% confidence interval is defined as: If the condition is at a

minimum 2 percent below the Baseline Condition assessment, a 95% confidence interval will show

that there was indeed a decrease in condition. The initial number of roadway sections and bridges to

randomly assess will be based on this confidence interval by the Department and the variability from

the Baseline Condition assessment. When three additional condition assessments have been

conducted, the number of roadway sections and bridges to randomly assess will be updated based on

the variability from the three most recent condition assessments. This number will then continue to

update based on the three most recent assessments. The Department will randomly select the sections

to be inspected. These sections will be approximately one tenth roadbed mile length segments.

Each roadbed in the section will be assessed on an individual basis. Table 2 – Sample Condition

Assessment Inspection Scoring contains a sample of these assessments.

Table 1 – Assessment Scoring System

Component Perfect Above Average Average Below Average Poor

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Asphalt

Pavement 5 4 3 2 1

Rutting

(Do not count

associated with FAILURES)

No rutting. Minor < ¼” Flushing,

Rock wearing

Moderate ( ¼” to ½”) May be able to feel when crossing in

vehicle

Major ( > ½” to 1”) Severe (> 1”)

Cracking

( Do not count cracking

associated with

FAILURES)

No cracking

Minor cracking (tight

cracking that a seal would cover). All cracks sealed

and no sealed areas wider

than 3”

Moderate cracking (cracking wide enough to be crack

sealed). Minor cracking thru

out the section. All cracks sealed and sealed areas are

wider than 3”.

Major cracking (cracks wider than

½”). Moderate cracking throughout the section. May have some

pumping or may have some

squeegee seal areas.

Severe cracking

(cracks wide than 1”). Major

cracking

throughout section.

Substantial

pumping and substantial

squeegee seal

areas.

Failures No repairs of any

type.

All patched and repaired areas are smooth and

level. Small depressed

areas, (gopher runs, settled areas, ant towns or

etc.)

Moderate failures (small areas

that have minor pavement

movement and/or tight cracking, that you will need to

dig in near future). Several

small depressed areas. Un-level repairs. Small open potholes.

Major failures (areas in need of repair, that have cracking and may

have some pavement movement,

needs repairs now). Has several moderate failures. Large open

potholes.

Severe failure

(areas that have

loose pavement or missing

pavement).

Several major failures.

Ride

(Settlement)

Very smooth with no humps, lumps or

depressions

Smooth with few minor

humps, Bumps or humps, bumps or depressions. All

patches are smooth and

level.

Adequate with several minor

humps, bumps or depressions.

Some repairs are not smooth and level. May have 3

moderate humps, bumps or

depressions (will feel sharpness in vehicle).

Rough with many moderate humps,

bumps or depressions. Most repairs are not smooth and level. May have

2 locations that you feel the vehicle

bottom out.

Unacceptable,

causing a reduction in speed

(Example: Open

failure).

Edges Raveling/

broken area first

1foot of pavement and

drop-off area foot

off pavement.

No repairs made.

May have complete

edge seal.

Minor drop-offs (short

lengths < 50’ and < 2”

deep) and/or minor broken edge (areas < 100’

and up to 3” wide. All

repaired.

Moderate drop-offs (short areas

of < 50’ and 2” to 4” deep. Long areas of minor drop-offs.

moderate broken edge (areas

under 100’ and up to 6” wide). Long areas of minor broken

edge. Not all repaired

Major drop-offs (over 4” to 6”). Long areas of moderate drop-offs.

Major broken edge (areas over 6”

wide). Long areas of moderate broken edge.

Severe drop-offs

(over 6”). Long

areas of major drop-offs. Long

areas of major

broken edge.

Shoulders

Must be wider

than 2’. Rating

based on cracking, crack

seal, patching

and failures.

Very good condition

no repairs made.

Pavement in good

condition (few repairs) or very few repairs needed.

Pavement in fair condition

(several repairs). Some minor repairs needed.

Pavement in poor condition major

repairs needed.

Pavement is

coming apart.

Concrete

Pavement 5 4 3 2 1

Rutting Concrete Pavement

will not be rated

Cracking/CRCP

Do not rate

cracking associated with

large pop outs.

Has typical tight

transverse cracking on 3’- 6’ spacing

Minor Cracking, (typical transverse cracking on 3’

-6’ spacing with very

minor spalls along cracks). May have a very

few tight transverse

cracks.

Moderate cracking (most

transverse cracking closer than

the typical 3’ - 6’ spacing). May have a very few minor

longitudinal cracks

Major cracking (several areas of tight transverse and longitudinal

cracking, some may have very

minor spalls along cracks.)

Severe cracking

(wide transverse and longitudinal

cracking, some

may have minor pop outs.)

Cracking/JCP

Do not count cracking

associated with

pop outs.

No cracking

Minor cracking (a few

tight transverse or longitudinal cracks). All

cracks sealed, none wider

than 3”.

Moderate cracking (transverse

or longitudinal cracks that are

wide enough to be sealed). A large amount of minor

cracking. Some sealed and

some unsealed. All cracks sealed, some wider than 3”

Major cracking (transverse or longitudinal cracks that are wide

enough to be sealed with some

minor spalling.) A large amount of moderate cracking. More unsealed

than sealed.

Severe cracking (wide transverse

or longitudinal

cracks > ¾”. A large amount of

major cracking.

Failures No pop outs or punch

outs. No repairs.

All repairs are smooth

and level. No asphalt

patches. No more than 3 very small pop outs

(small pieces missing

pavement, may be by joints)

Some rough repairs. May have

some small pop outs patched with asphalt. More than 3 very

small pop outs. No more than 3

small low severity punch outs (longitudinal and transverse

cracks are tight and will have

minor spalling)

More than 3 small low severity punch outs. No more than 3

moderate severity punch outs

(longitudinal and transverse cracks are wide and will have spalling,

needs repair in near future)

More than 3

moderate severity punch outs. Any

high severity

punch out (longitudinal and

transverse cracks

are wide and concrete will

move under traffic

or is missing)

Table 1 – Assessment Scoring System

Component Perfect Above Average Average Below Average Poor

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Ride

Ride smooth with no

humps, bumps or

rough joints

Smooth with few minor humps, bumps or rough

joints. All repairs are

smooth and level.

Adequate with several minor

humps, bumps or rough joints

(will feel sharpness in vehicle)

Rough with many moderate humps,

bumps or rough joints. Most repairs

are not smooth and level. May have

2 locations that you feel the vehicle

bottom out.

Unacceptable

causing a

reduction in speed

(Example: open

punch outs)

Edges No repairs made

Minor drop-offs (short lengths less than 50’ and

less than 2” deep) and/or

all repaired.

Moderate drop-offs (short areas of less than 50’ and 2” to 4”

deep) Long areas of minor

drop-offs. Not all repaired

Unacceptable drop-offs > 50 feet in

length and 2” to < 4”

Unacceptable

drop-offs > 4”

Shoulders Very good condition,

no repairs made

Pavement in good condition (few repairs) or

very few repairs needed

Pavement in fair condition (several repairs). Some minor

repairs needed.

Pavement in poor condition, major

repairs needed.

Pavement is

coming apart.

Traffic

Operations 5 4 3 2 1

Raised

Pavement

Markers

Markers like new

with none missing.

Placed on standard placement.

Most in place, may have

a few missing or obviously non-reflective

cracked or pressed into

adhesive.

Most in place, maximum of

10% missing or obviously non-reflective, cracked or pressed

into adhesive or adhesive over

reflective face.

Many missing, maximum of <25%

missing or obviously non-reflective, cracked or pressed into

adhesive or adhesive over reflective

face

Most >25%

missing or non-

reflective or no markers installed

Large Signs

(Installed on I or

H beams or sign bridge)

Signs like new, with

all back ground,

lettering, borders and

shields clean and reflective. No

damage.

Signs generally good;

background, lettering, borders and shields may

be slightly faded. May

have very minor damage.

Signs borderline acceptable;

background, lettering, borders and shields may be slightly

faded or mildewed. May have

some damage.

Signs unacceptable with dirt or

mildew. May be faded or have

substantial damage. May have one or two high or low bases.

Signs totally unacceptable with

severe dirt,

mildew or fading. May be damaged

or totally knocked

down. Several bases are high or

low.

Small Signs

(Chevron are signs)

Signs like new, on standard posts, no

repairs needed. All

straight

All on standard supports.

Very minor repairs needed. All required

signs are in place. No

high or low bases. Most are straight

All on standard supports, < 50% leaning or with dirty,

damaged or bad sign faces. No

high or low bases

All on standard supports, most

leaning or dirty, damaged or bad

sign faces. One non-regulatory maybe missing. Some may have

high or low bases.

Signs not on standard supports

or any regulatory

sign missing or more than one

other sign missing.

MOST ALL are leaning and bad or

damaged sign

faces.

Striping

Graphics

New or like new. All

required graphics are in place and like new

Stripes in very good

shape with no obvious

loss of reflectivity. All required graphics are in

good condition

Stripes in acceptable shape

with some cracking or minor

loss of reflectivity. May have

crack seal slightly obscuring

some stripe. Required graphics are present.

Stripes unacceptable with cracking,

fading, or severely worn. May be

substantially covered with crack seal material. Needs to be replaced.

Graphics are missing.

Stripes totally

unacceptable with

severe cracking,

fading or severely

worn. Major loss

of reflectivity. ANY road without

a stripe.

Attenuator

New or like new to

current standards with no damage.

Attenuator not damaged;

may not be latest standard.

Attenuator functional but with

very minor damage. May need painting.

Attenuator with moderate damage,

but will still function as designed.

Attenuator that

will not function as designed

Delineators

(OM3 or delineators)

Delineators, new or

like new, straight, installed in

accordance with

standards. No repairs needed.

Delineators posts <50% slightly leaning or with

some damaged and non-

reflective delineators

Delineators <50% slightly

leaning and <50% delineators

damaged or non-reflective, or most post slightly leaning, or

most delineators non reflective.

Most post slightly leaning and delineators non reflective or one or

two post bent, broken, down or

missing.

Several bent,

broken damaged or missing. Not

installed in

accordance with standards

Shoulder

Texturing Required on rural 4 lane divided

(does not include

inside the city limits)

Texturing in place

like new.

May have in countered

sealcoat not as effective

as new. Profile Striping

flattened down.

Seal over or patched over with level up, mill and inlay taking

away effectiveness.

Most of texturing mill or patched

over non-effective.

Missing on 4 lane

divided

Roadside 5 4 3 2 1

Vegetation

Management

Vegetation recently

mowed or of uniform height. No noxious

weeds. No grass in

pavement. May contain “non-mow”

areas.

Vegetation generally good, of uniform height

and with very little

noxious weeds, May have obvious signs of

herbicide application.

May contain “non-mow” areas.

Vegetation acceptable. May

have some small stands of Johnson grass or other noxious

weeds. Or have short areas of

grass in pavement. No sight distance problems. May

contain “non-mow” areas.

Vegetation needs mowing with

large stands of Johnson grass or

other noxious weeds or have grass along edge of pavement or in some

cracks. May have minor sight

distance problems.

Vegetation unacceptable

Large stands of

Johnson grass or other noxious

weeds. May have

severe sight distance problems.

Grass is over one

foot into edge of pavement.

Table 1 – Assessment Scoring System

Component Perfect Above Average Average Below Average Poor

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Litter

ROW clean with no

or very minor litter.

Litter not visible at

posted speed limit.

ROW generally clean

with only a few pieces of

litter or debris visible at

posted speeds.

ROW acceptable with one or

two objectionable spots of litter

or debris. Several single pieces

of litter, or debris.

ROW unacceptable, with much

litter or debris.

ROW totally

unacceptable with

large quantities of

litter or debris.

Sweeping

(Rate as needed)

Clean, no dirt debris or ice rock along

curbs, turn lanes, or

barriers.

Very minor dirt, ice rock,

or debris along curbs, turn lanes, or barriers

Some debris, dirt or minor ice

rock along curbs, turn lanes or barriers.

Substantial quantities of dirt, debris and/or ice rock built up along

barriers, turn lanes, or curbs. May

cause minor drainage problem.

Debris built up

along curbs, or turn lanes that

would cause a

hazard or drainage problem.

Trees and Brush

Trees trimmed to allow mowing

beneath. No sight

restrictions or sign obstructions. ROW

neat. No trees in clear

zone

Trees generally trimmed.

No sight restrictions or

sign obstructions. May have some minor brush or

trees in need of trimming.

Trees and brush may have

substantial growth. No sight

restrictions or sign obstructions. May have a few

trees within clear zone.

Trees and brush un-kept. Tree

limbs encroaching onto pavement

or large trees > 5” within clear zone. May have sight restrictions or

sign obstructions.

Trees and brush

un-kept. Tree limbs encroaching

onto travel lanes

or large trees > 5” within clear zone.

Has sight

restrictions and/or sign obstructions.

Drainage

Ditches and channels

like originally

constructed, clear of silt or erosion.

Vegetation as

appropriates in ditches. No high

shoulders

Ditches and channels like originally constructed

may have minor silt or

erosion. Vegetation as appropriates in ditches.

Minor spots of high

shoulders

Ditches and channels like

originally constructed, may have some silt or erosion (pipes

50% full). Vegetation as

appropriates in ditches. Several areas of high shoulders

Substantial erosion or siltation in ditches or channels. Does not

function as designed. Potential

exists for additional erosion. High shoulders may trap water on

pavement. Washouts around

culverts, bridges and etc.

Extreme erosion

or siltation in

ditches or

channels. Does not

function as

designed. Potential exists for

additional erosion.

Erosion has created a safety

hazard. High

shoulders may trap water in travel

lanes.

Encroachments

Access Control

No illegal signs,

buildings, vehicles,

etc. encroaching on highway ROW. No

apparent or frequent

access control violations.

May have a few illegal

signs, buildings, or vehicles slightly

encroaching onto ROW.

Does not cause a safety problem. May have very

minor or infrequent

access control violations.

May have illegal signs,

buildings or vehicles encroaching onto ROW. They

should not cause a safety

problem, however it is apparent they have been there for a long

period of time. May have one

minor access control violation.

Has illegal signs, buildings or vehicles encroaching onto ROW.

They are causing a safety problem

and should be removed. May have one obvious access control

violation.

Has illegal signs, buildings or

vehicles

encroaching onto ROW. They are

causing a safety

problem and should be

removed. Has

more than one obvious access

control violation.

Safety Barrier

(Guardrail, CTB, cable, etc.)

(Rate when

present)

Barrier like new,

appropriately placed,

installed to the latest standards.

Barrier all functional.

May have one minor dent

or may not be the latest standard.

Barrier all functional with several minor dents or out of

alignment.

Barrier has been hit and is not functional. End treatment is not

present. Guardrail is low.

Barrier has major damage and

should be repaired

as soon as possible. End

treatment is

required and not installed at bridge

ends.

GET’s

Does not include Turndowns

GET’s like new, in

correct alignment and installed properly.

GET’s still aligned

properly may have minor damage to O.M.

GET’ has minor damage but

still functional.

GET’ damaged not functional

needs repairs.

GET’s has major

damage needs replaced.

Mailboxes

Mailboxes straight,

all on standard

supports and hardware, with

standard delineation.

Mailboxes all on standard

supports and hardware,

with standard delineation.

Some leaning.

Mailboxes all on standard

supports and hardware. Many

leaning, some may not have

standard delineation.

One or two mailboxes on

nonstandard supports. Most other

boxes are too standard. Missing or

incorrect delineation.

Several mailboxes

on non-standard

supports, some are

safety problems,

most other not to standard.

Bridges 5 4 3 2 1

Joints

Joints are clean and

seals have no

damage.

Joints or seals have 10% damage or debris.

Joints or seals have 20% damage or debris.

Joints are 30% dirty and seals are 20% damaged.

Joints are 50%, or

more, dirty and/or seals are 30%, or

more, damaged.

Table 1 – Assessment Scoring System

Component Perfect Above Average Average Below Average Poor

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Driving surface

and approach

slabs

No repairs of any

type. No cracking. No debris.

All patched and repaired

areas are smooth and level. Small depressed

areas. Minor cracking.

All cracks sealed. Very minor debris.

Moderate failures. Several

small depressed areas. Un-level repairs. Small open potholes.

A large amount of minor

cracking. All cracks sealed. Some debris.

Major failures (areas in need of

repair, that have cracking and may

have some pavement movement,

needs repairs now). Major cracking. More unsealed

than sealed. Substantial quantities

of debris

Several major

failures.

A large amount of

major cracking

with majority not

sealed. Substantial quantities of

debris with the

potential to be a hazard or drainage

problem.

Curbs,

sidewalks,

railing

Like new, no damage or vegetative

encroachment.

All functional. May have minor damage, but not

considered structural.

Minor damage, but still functional with minor

vegetation encroachment.

Damaged and not functional needs repairs. Vegetation encroachment

indicating lack of maintenance.

Major damage needs

replacing/repair.

Excessive vegetation

encroachment.

Drains Clean and

functioning properly.

Minor visible debris and

functioning properly.

Visible minor debris at inlet

and functioning properly.

Visible debris at inlet with

limitations on proper function.

Clogging present

and not functioning.

Debris

No debris or ice rock

on deck, caps, or

around columns

Very minor debris or ice

rock on deck, caps,

and/or around columns

Some debris, dirt or minor ice

rock on deck, caps and/or

around columns

Substantial quantities of dirt, debris

and/or ice rock on deck, caps, or

around columns.

Debris built up

causing a hazard

or drainage

problem.

Channel

Streambed &

embankment are

clean & free of obstructions. No

presence of scour.

No erosion or

obstructions. Channel protection system(s)

functioning properly.

Trees not encroaching. No vegetation in riprap.

Minor erosion and obstructions

visible. Trees and vegetation

present, but not obstructing drainage, encroaching or

catching debris. No scour.

Erosion, scour and obstructions

need correcting. Trees and

vegetation present and obstructing drainage, encroaching or catching

debris.

Undermining of

footings/channel

protection system and/or obstruction

of channel.

Table 2 - Sample Condition Assessment Inspection Scoring CSJ

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Sample Condition Assessment Inspection Scoring

Condition Assessment Inspections

Roadway

Component1 Element #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 Average

Element Score2

Weighted Factor5

Element

Composite Score3

Pavement

Rutting 5 4 4 4 5 4 5 4 4 5 4 4 4.33 86.7% 9 7.80

Cracking 4 5 5 4 5 5 4 3 4 5 4 4 4.33 86.7% 10 8.67

Failures 4 4 5 4 5 4 5 5 5 4 5 3 4.42 88.3% 11 9.72

Ride 4 4 4 5 4 5 4 5 4 5 4 4 5.00 100.0% 6 6.00

Edges 5 4 5 4 4 4 5 4 5 4 5 4 4.42 88.3% 7 6.18

Shoulders 4 4 4 4 5 3 5 3 4 4 4 4 4.00 80.0% 7 5.60

Component Score4

87.9%

Traffic

Operations

Raised Pavement

Markers 4 4 4 3 4 4 4 3 4 4 4 4 3.83 76.7% 3 2.30

Signs - Large 4 4 4 5 4 5 4 4 4 4.22 84.4% 3 2.53

Signs - Small 3 4 3 4 4 4 4 4 3 4 3.70 74.0% 3 2.22

Striping,

Pavement

Graphics 5 4 4 5 4 4 4 5 4 4 5 4 4.33 86.7% 5 4.33

Attenuators 4 4 3 5 5 4 4 3 4 5 4.10 82.0% 3 2.46

Delineators 4 4 4 3 4 5 5 4 5 5 5 5 4.42 88.3% 2 1.77

Shoulder

Texturing 3 3 4 4 3 4 5 5 4 4 4 4 3.92 78.3% 1 0.78

Component Score4

82.0%

Roadside

Vegetation

Management 3 3 2 2 2 2 2 2 3 3 3 3 2.50 50.0% 2 1.00

Litter 3 3 3 3 3 4 3 3 3 3 3 3 3.08 61.7% 1 0.62

Sweeping 3 3 3 3 4 4 4 4 4 4 4 4 3.67 73.3% 1 0.73

Trees and Brush 4 4 4 5 5 4 5 4 5 4 5 4 4.42 88.3% 1 0.88

Drainage 3 4 4 4 4 4 4 4 4 4 3 4 3.83 76.7% 3 2.30

Encroachments 5 5 5 5 5 5 5 5 5 5 5 5 5.00 100.0% 1 1.00

Guardrails 4 4 3 3 4 4 4 4 4 3 3.70 74.0% 3 2.22

Guardrail End

Treatments 4 4 4 3 4 4 5 4 4 4 4.00 80.0% 2 1.60

Mailboxes 4 4.00 80.0% 1 0.80

Component Score4 74.4%

Bridges

Joints 5 4 5 4 5 4 5 5 5 4 5 5 4.67 93.3% 3 2.80

Driving surf. &

appr. slabs 4 4 4 4 4 4 4 4 4 4 4 4 4.00 80.0% 3 2.40

Curbs, sidewalks,

railing 5 5 4 4 4 4 5 5 5 5 5 5 4.67 93.3% 2 1.87

Drains 4 4 4 4 4 4 4 4 4 4 4 4 4.00 80.0% 2 1.60

Debris 4 4 4 4 4 4 4 4 4 4 4 4 4.00 80.0% 2 1.60

Channel 4 4 4 4 4 4.00 80.0% 3 2.40

Component Score4 84.4%

Overall Score6 84.2%

Notes:

1. Weight of Components - Pavement (50%), Traffic Operations ( 20%), Roadside (15%), Bridges (15%) 2. Element Score - Average of Element Inspections/Maximum achievable score of Element (5)

3. Element Composite Score - Element Score X Weighted Factor

4. Component Score = Sum of Element Composite Scores/Sum of Weighted Factor 5. If there are no ratings for an element then the multiplier will not be included in the component calculation

6. Overall Score = Summary of Component Score X Component Weight

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6. Payment. Work performed and materials furnished in accordance with this Item and measured as

provided under "Measurement" will be paid for at the unit price bid for "Performance Based Routine

Maintenance of Highway Mainlanes" and “Performance Based Routine Maintenance of Highway

Frontage Roads”. Price shall be full compensation for Work and for furnishing all labor, equipment,

materials, fuel, tools and incidentals necessary to complete the Work. Maintenance of ramps,

collector distributors, and direct connectors are subsidiary to the maintenance of the highway

mainlanes. Maintenance of cross roads with locations shown on the plans is subsidiary to the

maintenance of frontage roads.

If construction, or reconstruction, project(s) that add mainlane capacity or totally reconstruct the

pavement on portions of highways covered by this Contract occur, or are ongoing, Contractor

monthly payments, applicable to maintenance of mainlanes or frontage roads, will be reduced. The

payment will be reduced by seventy (70) percent for each lane under separate Contract. If additional

areas of roadway within the project limits are added to the maintenance requirements it will be paid

for at the applicable per centerline mile unit price bid.

A. Damage Caused by Others.

1. Submit proposed third party claim to the Engineer who will review, revise, and approve the

claim as appropriate where the third party can be identified. Submit all required

Documentation, reference Section 4.E.14., to the Engineer for approval within 60 days

after the completion of repairs. Once approved, the Department will file the claim in the

Department’s name.

a. Submit actual repair costs, signed and certified by the Contractor’s Project Manager,

in a format approved by the Engineer. Damage claims submitted with incomplete

documentation will be returned to the Contractor.

b. Payment for repairs for Damaged Caused by Others will be made in accordance with

Item 9.5 Force Account only when documentation, provided by the Contractor, is

sufficient for the Department to file a claim.

2. When the third party cannot be identified, the Contractor’s liability will be limited to a

maximum of $10,000 per incident and an annual cap of $100,000 each year of the

Contract. Only incidents with costs of $10,000 and above will apply to the annual cap.

Thereafter incidents with a cost of $10,000 and above will be reimbursed to the Contractor

less $1,000.

B. Catastrophic Damage.

1. Costs not reimbursed by the Federal Highway Administration (FHWA). The Contractor

shall be responsible for the first $10,000 cost related to any Catastrophic event not

reimbursed by the FHWA. Any amount over $10,000 will paid in accordance with Item

9.5 Force Account.

2. Costs reimbursed by the FHWA. The Contractor shall be compensated for cost related to

any Catastrophic event reimbursed by the FHWA in accordance with Item 9.5 Force

Account.

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3. Other occurrences such as damages or extra Work caused by Acts of War against the

United States of America will be handled separately and fully reimbursed in accordance

with an approved Change Order or Item 9.5 Force Account.

4. Emergency Relief Funds. The funds acquired by the Department as a result of these ER

projects less the Department’s expense, shall be added to the Contractor's monthly payment

no later than one (1) month following the receipt of appropriate documentation.

In the event the Department exercises the option to self-perform repair, the Contractor shall be

responsible for the first $10,000 per event.

C. Structural Repair to Bridges. Structural repairs to bridges as a result of TxDOT, or Contracted

by TxDOT, inspections (Ref: Section 4.E.9.c.) or failures shall be paid by Force Account, if not

otherwise provided by other unit prices.

D. Contractor Performance. The Contractor’s failure to meet any of the requirements may result

in deductions from the Contractor’s monthly payment(s). Such deductions are considered non-

payment for work not accomplished as required by the Contract.

The Department reserves the right not to assess any or all deduction(s) if, in the Department’s

sole discretion, the Department determines that the circumstances surrounding any such failure(s)

warrants that such deduction be waived. Such determination(s) shall be fully documented by the

Department and adequately demonstrate the reason(s) for such waiver. The waiver of any current

deduction(s) shall not affect the Department’s right to enforce future deduction(s) or take any

other necessary actions.

1. The Contractor’s unit price bid for "Performance Based Routine Maintenance of Highway

Mainlanes" and “Performance Based Routine Maintenance of Highway Frontage Roads”

may be reduced, by the percentage(s) shown in Table 3 – Contractor Performance, for non-

performance related to Quality, Safety, or Timeliness.

Table 3 – Contractor Performance

Category Criteria %(1)

Quality

Condition Assessment Element Score 8

Condition Assessment Component Score

Pavement 8

Traffic Operations 8

Roadside 8

Bridges 8

Condition Assessment Overall Assessment 10

Safety

Safety Key Performance Indicators 20

Timeliness

Time Key Performance Indicators 30

(1) % represents the potential percentage reduction in payment each month. 100

a. Quality.

(1) Quality Management System.

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(a) Failure to submit the initial QMS (Quality Management Plan and procedures)

within the first 60 days will incur a five (5) percent penalty in the first month

following the initial 60 days and a ten (10) percent penalty each month

thereafter until such time it is submitted.

(b) Upon Department audit of the QMS, audit findings indicating non-

compliance will be considered non-performance and a penalty may be

applied at a maximum of five (5) percent following the month of the audit.

(2) The Department’s condition assessments shall formulate the basis for a potential

reduction in monthly payment. A one (1) percent reduction may be applied for

each two (2) percent below the Baseline Condition assessment up to twenty (20)

percent below the Baseline Condition assessment. Reductions will apply for

each Item each month till a new condition assessment is performed.

(a) Condition Assessment Element and Component Scores may incur a

maximum eight (8) percent reduction each. The Overall Score may incur a

maximum ten (10) percent reduction.

b. Safety and Time KPI.

Table 4

Range Payment

100% +1%

95% +0.05%

95% > 90% 0%

90% > 85% -2%

85% > 80% -5%

80% > 75% -10%

75% > 70% -20%

70% > 50% -30%

(1) Safety.

(a) Failure to submit the Safety Plan within the first 30 days will incur a five (5)

percent penalty in the first month following the initial 30 days and a ten (10)

percent penalty each month thereafter.

(b) Safety KPI, listed within Table 5, shall be tracked and evaluated, by the

Department, during each month. The total number of events meeting each

KPI divided by the total number of occurring events will be calculated for a

total percentage, the final Safety KPI Score for the month. Table 4 will be

used to calculate a monthly positive payment or negative payment for the

total percentage.

At no time, shall the reduction in payment for Safety be more than 20 percent of

the monthly payment.

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(2) Timeliness.

(a) Failure to submit monthly and Annual Work Plans within the required

timeframe(s) established in Section 4.D. may result in 0.005%, of each unit

price, penalty per day the plan is late.

(b) Failure to report scheduled lane closures for the Work within the required

timeframe(s) established in the General Notes may result in 0.005%, of each

unit price, penalty per day.

(c) Time KPI, listed within Table 5, shall be tracked and evaluated, by the

Department, during each month. The total number of events meeting each

KPI divided by the total number of occurring events will be calculated for a

total percentage, the final Time KPI Score for the month. Table 4 will be

used to calculate a monthly negative payment for the total percentage. A

positive payment will not be considered to meet Time KPI.

(d) A lane closure assessment fee will be applied to the Contractor for closures

or restrictions that extend into restricted hours, as stated in the General

Notes, on a per lane basis per hour regardless of length of the lane closure or

restriction except for closures related to major incidents. This lane closure

assessment fee may be prorated based on the actual time that lane(s) are

closed into restricted hours and be in addition to the Time KPI payment

reduction.

At no time, shall the reduction in payment for Timeliness be more than 30

percent of the monthly payment.

2. The Department may take steps to have the Work corrected. The Contractor will be

notified in writing in advance of this intent providing the Contractor the opportunity and

timeframe to make corrections, prior to the Department implementing actions. This may

include the use of State Forces or Emergency Contracts. Once notified that the Department

is taking corrective action, refrain from performing Work on the item in question, unless

otherwise approved. The costs associated with these measures will be deducted from any

monies due to the Contractor.

Table 5 - Key Performance Indicators (KPI) Example

Work Description Key Performance Indicator

# of

Occur-

rences

#

Meeti

ng

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Safety KPI

Traffic Control

Perform Traffic Control Compliant with

TMUTCD, TCP Standards, and BC

Standards

Implement compliant TCP. 10 9

Implement noncompliant TCP corrective actions within

30 minutes of notification. 5 5

Temporary repair of hump/heave failures

greater than 2 inches. Within 48 hours. 25 24

Correct bleeding Treat within - 1 hour rural and 2 hours urban and metro. 1 1

Correct cover stone loss Remove stones within - 1 hour rural and 2 hours urban

and metro. 4 3

Correct edge drop-off repair 2 inches to 4 inches - Within 30 days. 5 4

Greater than 4 inches - Within 48 hours. 2 2

Concrete Pavement Surfaces

Repair spalls, potholes, pavement failures,

punch-outs, joint failures, etc.

Temporary - within 1 hour rural and 2 hours urban and

metro. 10 9

Permanent - within 30 days. 10 10

Vegetation Management

Spot mow vegetation impacting sight

distance to regulatory and warning signs,

signals, intersecting roads/drives, etc.

Within 24 hours. 2 2

Maintenance of Roadside traffic safety appurtenances

Damaged barrier

Upon discovery, or notification of, damage, remove

debris and install warning signs and traffic control

devices immediately.

5 4

Barrier no longer functioning as designed

Guardrail and cable barrier systems (and damaged mow

strip, if present) – repair or replace within 7 days. 5 4

Impact attenuators and all other barriers - repair within 3

days. 4 4

Barriers built from PCTB and damaged

beyond repair

Replace within 24 hours of being damaged.

TxDOT will provide Portable Concrete Traffic Barrier

(PCTB).

3 3

Litter and Debris Removal

Debris removal. Remove in travel lanes within 1 hour. 15 14

Remove Dead Animals

Small (dog, etc.) - remove from pavement within 1 hour. 30 25

Large (cow, etc.) - remove from pavement within 2

hours. 3 3

Bridge Inspection and Maintenance

Establish detours for functionally unsafe

bridges Within 1 hour. 2 2

Table 5 - Key Performance Indicators (KPI) Example

Work Description Key Performance Indicator

# of

Occur-

rences

#

Meeti

ng

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Repair deck concrete surface spalls or

asphalt raveling on bridge decks.

Raveling asphalt with no surface spall – temporarily

patch asphalt within 1 hour. 5 4

Shallow – repair within 90 days, if disrupting vehicular

travel. 3 2

Spalls exposing top mat reinforcement – Temporary

patch within 1 hour. Permanently repair no later than 30

days.

3 2

Spalls exposing both mats of reinforcement and shallow

spalls with extensive cracking on the underside of the

deck – temporary repair within 2 hours. Permanent

repair within 7 days.

1 1

Traffic Operations Device Maintenance

Signal System Repair/Replacement

Replace non-functioning optical units within 24 hours. 3 2

Repair or replace non-operational lighting within 7 days. 5 4

Replace weak or failed batteries within 14 calendar

days. 4 4

Replace defective uninterruptible power supply units

within 14 calendar days. 2 2

Repair railroad pre-emption issues within 3 calendar

days. 1 1

Clean, or replace filters, in the cabinet. 15 14

Routine traffic signal system maintenance

Respond to notice of malfunction or damage within 2

hours. 3 3

Complete permanent replacement of damaged signal

poles or controller cabinets within 14 days. 4 3

Provide temporary traffic control for all signal failures

within 1 hour. 4 4

Traffic detection devices

Repair operational problems within 1 hour. 3 3

Repair or replace inoperable vehicle detection devices

and controllers within 5 days. 5 3

Overhead signs presenting a safety hazard Repair, or remove and install temporary signs, which

may include changeable message signs, within 1 hour. 5 4

Small roadside signs

Install temporary signs for damaged “Stop, “Yield,” “Do

Not Enter,” “One Way” and “Wrong Way” signs within

2 hours.

5 5

Large signs Install temporary ground-mounted signs for damaged

exit gore signs within 1 hour. 5 5

Replace signs Replace signs without Minimum Maintained

Retroreflectivity Levels, see TMUTCD, within 30 days. 12 10

Highway Illumination

Luminaire poles knocked down. Remove within 48 hours. 5 5

Incident Management

Initiate Traffic Control Respond to the scene within 45 minutes from the

Contractor's office location. 5 5

Total Safety KPI = 39 239 214

Table 5 - Key Performance Indicators (KPI) Example

Work Description Key Performance Indicator

# of

Occur-

rences

#

Meeti

ng

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Time KPI

Asphaltic Pavement Surfaces

Repair potholes and pavement failures.

Temporary - within 1 hour rural and 2 hours urban and

metro. 5 5

Permanent - within 30 days. 5 5

Correct Rutting greater than 1 inch in

depth Repair within 15 days. 4 4

Correct edge buildups causing ponding of

water on shoulders or travel lanes Eliminate within 15 days. 10 9

Concrete Pavement Surfaces

Repair seal joints greater than ¼ inch

wide Sealed within 60 days. 5 5

Correct edge drop-offs 2 inches to 4 inches - Within 30 days. 5 4

Greater than 4 inches - Within 48 hours. 5 5

Correct edge buildups causing ponding on

shoulders or travel lanes Within 15 days. 10 10

Cleaning and Sweeping Highways

Remove stockpiles, if desired by

Contractor and allowed within the plans

or General Notes, from Sweeping

operations located on R.O.W.

Remove within 14 days. 5 5

Debris removal. Minimum cycle performed 0 0

Spot sweeping performed within 3 days 3 3

Vegetation Management

Herbicide and/or remove encroachments

upon any paved roadway surface,

retaining walls, sidewalk, riprap, concrete

barrier, or curbs.

Within 14 days. 10 8

Damaged or dead trees and tree trimmings

Remove within 90 days, if they are not a potential

hazard to the driving public.

Remove trees, brush, ornamentals, or prune branches

that block the view of regulatory or warning signs,

signals, or pose a potential hazard to traffic within 1

hour.

10 9

Landscaped Areas

Planting Beds Remove all weeds (dead or alive) within 30 days. 4 4

Removal and replacement of damaged or

dead plants, trees, brush, and ornamentals

Within 30 days, unless the Engineer determines that

weather conditions or seasonal characteristics indicate

replacement should be deferred.

4 3

Drainage within the R.O.W.

Repair slope failures Within 60 days. 2 2

Repair erosion over 18 inches or siltation

affecting more than 20% of the cross

sectional area.

Within 60 days. 5 4

Repair/replace damaged structure/riprap Within 30 days. 3 2

Repair undermining or scour. Within 30 days. 5 4

Table 5 - Key Performance Indicators (KPI) Example

Work Description Key Performance Indicator

# of

Occur-

rences

#

Meeti

ng

33-34 7649

12-13

Maintenance of Roadside traffic safety appurtenances

Damaged barrier, but functional

Guardrail, cable barrier systems, and impact attenuators –

repair within 10 days. 5 4

All other barrier - repair within 60 days. 5 5

Litter and Debris Removal

Debris removal.

Remove large debris from bullpens within 24 hours and

clean thoroughly every 6 months. 5 4

Remove debris from abutment and bent caps within 1

hour. 0 0

All dead animals - remove from R.O.W. within 24 hours. 5 4

Within 30 days of reduction in drainage facility cross

sectional area by 20% 4 4

Snow and Ice Treatment Debris Removal Within 14 days of the end of each event. 0 0

Miscellaneous Roadside Items

Encroachments Remove signage within 24 hours.

Remove non-standard mailbox support within 10 days. 16 14

Mailbox installation Within 7 days. 5 5

Perform sidewalk repairs to Baseline

Condition. Within 60 days. 5 5

Graffiti removal.

Graffiti: Remove or obscene, apparent gang related, or

highly visible graffiti within 4 hours. 6 6

Remove other graffiti within one (1) week. 6 6

Bridge Inspection and Maintenance

Condition inspection reports. Submit form MNT BG-4 within 48 hours. 2 2

Repairs.

Initiate repairs within 2 hours for any damage that is

determined to result in load posting the bridge. 3 3

Within 30 days for all other repairs. 5 5

TxDOT, or on behalf of TxDOT,

performed Routine Inspections repairs

Repairs associated with condition rating of 4 or less

within 30 days of notice. 6 6

Expansion joint between approach slab

and concrete pavement

Joint width less than ½ inch – resize, clean and seal

within 90 days. 4 4

Damaged seal in joint – remove, clean and seal within 90

days. 5 4

Repairs to prevent runoff entry under or into – within 10

days. 5 4

Repair deck concrete surface spalls or

asphalt raveling on bridge decks. Permanently repair asphalt within 30 days. 5 5

Repair loose armor joints Within 3 days. 5 5

Repair polymer concrete expansion joints Temporary repair – within 1 hour. 6 6

Permanent repair – within 90 days. 6 6

Repair damaged sealed expansion joints. Within 30 days of receiving approval. 4 4

Traffic Operations Device Maintenance

Signal System Inspection report delivery Within 3 days of inspection 0 0

Overhead signs

Replace overhead sign structures and signs that were

removed due to damage within 90 days. 2 2

Repair and reinstall large signs knocked down with no

sign face damage within 15 days. 0 0

Table 5 - Key Performance Indicators (KPI) Example

Work Description Key Performance Indicator

# of

Occur-

rences

#

Meeti

ng

34-34 7649

12-13

Day and night inspection report delivery By the 15th

of the month following inspection 0 0

Small roadside signs

Replace when more than 5% of the face is damaged or

vandalized. 3 3

Make permanent repair, or replacement, for all

regulatory and warning signs within 14 days and all

other signs within 30 days.

5 5

Place clearance signs on temporary mounts when

permanent mounts are damaged within 2 hours. Replace

signs with incorrect bridge clearances within 7 days.

6 6

Large signs

Delineate the damaged sign, if left within the clear zone,

with appropriate traffic warning device(s) within 1 hour. 5 5

Repair and reinstall knocked down signs with no sign

face damage within 15 days. 5 5

Replace damaged large signs within 30 days. 4 4

Highway Illumination

Inspection report submittal Within 2 days of the completion of each inspection. 0 0

Repair non-functional illumination,

including electrical services, for roadway

and high mast lighting.

Within 7 days. 6 5

Luminaire poles knocked down. Repair or replace within 14 days. 5 4

Transformer bases Replace broken or damaged bases within 14 days. 5 4

Repair all other deficiencies Within 10 days. 3 3

Pavement Markings, Raised Reflective Pavement Markers, Barrier Markers, Object Markers and Delineators

Perform annual MRDC 60 days before the 1

st anniversary of the date of

authorization to begin Work and each year thereafter 0 0

Place new markings Within 60 days of authorization to begin Work and

within 30 days following annual MRDCs. 0 0

Inspect Raised Pavement Markers Within 30 days of authorization to begin Work and

every 60 months after authorization to begin Work. 0 0

Repair or replace Barrier Markers, Object

Markers and Delineators Within 30 days. 15 14

Environmentally Sensitive Areas

Placement of signs at the edge of Wetland

Mitigation areas where they do not exist. Within 30 days of authorization to begin Work. 0 0

TAC Chapter 213 plan provided to the

TCEQ and TxDOT Within 30 days of authorization to begin Work. 0 0

Reporting to the Department

Highway Condition Report (HCR) By 8:10 a.m. each workday and as inclement weather or

highway conditions change. 26 25

Accident/Incident report Accidents described in Section 4.G.2. - Within 1 hour 16 15

Total Time KPI = 66 337 303