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AGREEMENT TIllS AGREEMENT is made by and between HNTB Corporation, hereinafter called "ENGINEER", and the Town of Addison, Texas, hereinafter called "OWNER." WHEREAS, Owner desires Engineer
to perform certain work set forth in Section 2, Scope of Services. WHEREAS, the Engineer has expressed a willingness to perform said services, hereinafter referred to only as "services",
specified in said Scope of Services, and enumerated under Section 2 of this Agreement. NOW, THEREFORE, all parties agree as follows: SECTION 2. SCOPE OF SERVICES The following Basic
and Additional Services, when authorized in writing by a notice-toproceed, shall be performed by the. Engineer in accordance with the Owner's requirements for design of the apron north
of the existing hangars located on Richard Byrd Drive. I. Project Defrnition This project consists of the preparation of plans and specifications for bidding and construction of Addison
Airport Pavement Improvements (the "Project"). Paving improvements at the following locations: 1. An asphalt apron north of the existing hangars located on Richard Byrd Drive (Westside
T-Hangar) 2. Taxiway Romeo Patio Hangar overlay 3. Ornni Flight Access Road concrete 4. Ornni Flight Romeo concrete 5. Taxiway Quebec overlay 6. Taxiway Papa overlay 7. Grass inlandIRomeo
concrete 8. Taxiway Uniform triangle fill in 9. Taxiway Papa T-Hangar overlay Services will generally include topographical survey, geotechnical investigation and pavement design, construction
plans for the project areas including grading, construction phasing, striping, specifications, preparation of bid document originals and record drawings, and coordination with the Town
of Addison and Addison Airport personnel. n. Detailed Scope of Basic Services A detailed list of the basic scope of services for this project is as follows: M:\JOBSI41301!·Riclwd Byrd
North\cONTRACl\Pave",ent Replacement Contract 06·22-{)S.doc I 
A. Geotechnical Engineering and Pavement Design See Exhibit "A" for a detailed proposal for Geotechnical services. B. Surveying See Exhibit "Bn for a detailed proposal for Surveying
services. C. Final Design -Paving and Drainage 1. Prepare final construction drawings. (Scale 1" = 40' Horizontal and 1" =5' Vertical except as noted.) The following sheets shall be
included: a. Cover Sheet b. General Notes c. Quantity Sheets d. Project Layout/Survey Control e. Construction Phasing f. Removal Plan g. Paving Plan h. Joint Layout Sheet for concrete
pavement areas i. Paving Details I Striping Plans I Typical Sections J. Grading Plan k. Erosion Control Plan I. Miscellaneous Details 2. Prepare Specifications and Contract Documents
3. Prepare Estimate of Final Construction Cost 4. Produce and Submit four (4) sets of half-size plans for review to the Owner for 65% review and 95% (final). 5. Incorporate Owner's review
comments into plans after each SUbmittal. D. Bidding and Contract Award 1. Prepare two (2) Advertisements for Bidders. 2. Provide 15 half-size sets of plans and bid documents for two
bid packages. 3. Conduct two (2) pre-bid meetings. 4. Prepare necessary addenda and respond to bidder's questions.' M:\JOBS\4130ll.-Riclwd Byrd North\CONTRACl\Pavement Replacement Contnlct
(i6·22'()S.doc 2 
5. Prepare two (2) bid tabulations. 6. Recommend a bidder for the award of the construction contract after performing reference checks for two (2) bid packages. E. Construction Administration
1. Provide three (3) half-size sets of plans and specifications for the Owner for each bid package. 2. Provide three (3) half-size sets of plans and specifications for the Contractor
for each pid package. 3. Conduct tw0 pre-construction meetings. 4. Respond to Requests for Information. 5. Review submittals, as required by the contract documents. 6. Attend final inspection
and prepare punch list. 7. Prepare as-built plans. m. Detalled Scope of Additional Services A. None. SECTION 3. PAYMENT Owner shall pay Engineer for services authorized in writing as
properly performed by Engineer on the basis herein described, subject to additions or deletions for changes or extras agreed upon in writing. Basis of CompensatWn Owner shall make payment
monthly to Engineer based upon statements submitted by the Engineer for work performed. Compensation for performing Basic and Additional Services shall be as shown in Exhibit "C" on
a Lump Sum amount of $109,493. The total contract amount shall not exceed $109,493 unless amended by both parties. SECTION 4. RESPONSmILITIES Engineer shall be responsible for the professional
quality, technical accuracy, and the coordination of the design, drawings, plans, specifications, estimates, and· other services furnished by Engineer under this Agreement. Engineer
shall, without additional M,1l0BS141308-Richa!d Byrd NorthlCONTRAC'N'avement Replacement Cootract 06-22-0S.doc 3 
compensation, correct or review any errors or deficiencies that are attributable to the Engineer in such design, drawings, plans, specifications, estimates, and other services. Neither
Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement, and Engineer shall be and remain liable to Owner in accordance with applicable law for all damages to Owner
caused by Engineer's negligent performance of any of the services furnished under this Agreement. The rights and remedies of Owner and Engineer under this Agreement are as provided by
law. Engineer shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project. SECTION
5. TIME FOR PERFORMANCE Engineer shall perform all services as provided for under this Agreement in a proper, efficient and professional manner in accordance with the terms of this Agreement.
The services to complete construction docmnents shall be completed within 3 months of Notice-to-Proceed. In the event Engineer's performance of this Agreement is delayed or interfered
with by acts of the Owner or others, Engineer may request an extension of time for the performance of same as hereinafter provided. If such delay is in excess of 60 days on any one occurrence
or a cumulative delay of over 180 days, Engineer shall have the right to renegotiate the remainder of this contract. A delay shall be defined as any event caused by others that substantially
inhibits the Engineer from proceeding with its services on the project. This shall include, but is not limited to, Owner reviews, right-of-way negotiations and awaiting critical information
to be supplied by Town or franchised utility companies. No allowance of any extension of time, for any cause whatever, shall be claimed or made by the Engineer, unless Engineer shall
have made written request upon Owner for such extension within 14 calendar days after the cause for such extension occurred, and unless Owner and Engineer have agreed in writing upon
the allowance of additional time to be made. Provided, however, Engineer shall not be considered in default hereunder in delays are caused by reasons beyond its reasonable contro). SECTION
6. DOCUMENTS All instruments of service (including plans, specifications, drawings, reports, designs, computations, computer files, estimates, surveys, other data or work items, etc.)
prepared under this Agreement shall be submitted for approval of the Owner. All completed instruments of service shall be professionally sealed as may be required by law or by Owner.
Such instruments of service, together with necessary supporting documents, shall be delivered to Owner, and Owner shall have unlimited rights, for the benefit of Owner, in all instruments
of service, including the right to use same on any other work of Owner without additional cost to Owner. If, in the event, Owner uses such instruments of M:\JOBS141308·Richard Byrd NorthlCONTRACl\Pav
ement Replacement Contract 06·22'()5.doc 4 
service on any work of Owner other than thai intended in the Scope of Services, defined in Section 2, under those circumstances Owner hereby agrees to protect, defend, indemnify and
hold harmless the Engineer, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from and against suits, actions,
claims, losses, liability or damage of any character, and from and against costs and expenses, including, in part, attorney fees incidental to the defense of such suits, actions, claims,
losses, damages or liability on account of injury, disease, sickness, including death, to any person or damage to property including, in part, the loss of use resulting therefrom, arising
from any inaccuracy, such use of such instruments of service with respect to such other work except where Engineer is hired to modify such instrument for such other work. Engineer agrees
to and does hereby grant to Owner a royalty-free license to such instruments of service which Engineer may cover by copyright and to designs as to which Engineer may cover by copyright
and to designs as to which Engineer may assert any rights or establish any claim under the design patent or copyright laws. Engineer, after completion of the services, agrees to furnish
the originals of such instruments of service to the Owner. Engineer may, however, retain copies of any and all documents produced. The license granted herein by Engineer shall survive
termination of this Agreement for any reason. SECTION 7. TERMINA nON .Owner may suspend or terminate this Agreement for cause or without cause at any time by giving five (5) days written
notice to the Engineer. In the event termination is for cause however, such shall be in accordance with section 14 hereof. In the event suspension or termination is without cause, payment
to Engineer, in accordance with the terms of this· Agreement, will be made on the basis of services reasonably determined by Owner to be satisfactorily performed to date of suspension
or termination. Such payment will be due upon delivery of all instruments of service to Owner. Should the Owner require a material modification of this Agreement, and in the event Owner
and Engineer fail to agree upon such modification to this Agreement, Owner shall have the option of terminating this Agreement and the Engineer's services hereunder at no additional
cost other than the payment to Engineer, in accordance with the terms of this Agreement, for the services reasonably determined by Owner to be properly performed by the Engineer prior
to such termination date. Engineer may terminate this Agreement upon written notice to Owner in the event of substantial failure by the Owner to perform in accordance with the terms
of this Agreement. Owner shall have 14 calendar days from the receipt of the termination notice to cure or to submit a plan for cure acceptable to the Engineer. In the event the parties
cannot agree upon an acceptable cure within a reasonable period of time from the date of notice, Engineer may terminate this Agreement. SECTION 8. INSURANCE Engineer shall provide and
maintain Worker's Compensation and Employer's Liability Insurance for the protection of Engineer's employees, as required by law. Engineer shall also provide and maintain in full force
and effect during the term of this Agreement, M,IJOBS\41308·Ricllard Byrd North\CONTRACJ\Pavement Replacement Contract 06·22-OS.doc 5 
insurance (including insurance covering the operation of automobiles, trucks and other vehicles) protecting Engineer and Owner against liability from damages because of injuries, including
death, suffered by any person or persons other than employees of Engineer, and liability for damages to property, arising from or growing out of Engineer's operations in connection with
the performance of this Agreement. Such insurance covering personal and bodily injuries or death shall be in the sum of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)
for one (1) person, and not less than Three Hundred Thousand Dollars ($300,000.00) for anyone (1) occurrence. Insurance covering damages to property shall be in the sum of not less Three
Hundred Thousand Dollars ($300,000.00) aggregate. Engineer shall also provide and maintain Professional Liability Insurance coverage' to protect Engineer from liability arising out of
the perfonnance of professional services under this Agreement. Such coverage shall be in the sum of not less than $1,000,000.00. A signed Certificate of Insurance, showing compliance
with the requirements of this Section, shall be furnished to Owner before any services are perfonned under this Agreement. Such Certificate of Insurance shall provide for ten (10) days
written notice to Owner prior to the cancellation or modification of any insurance referred to therein. Such Certificates shall terminate after completion of the project. Owner shall
be named as an "additional insured" party on all insurance policies, except for Worker's Compensation and Professional Liability policies. SECTION 9. INDEMNIFICATION FOR INJURY AND PERFORMANCE
Engineer further specifically obligates itself to Owner in the following respects, to wit: The Engineer hereby agrees to protect, indemnify and hold harmless the Owner, their officers,
agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from and against losses, liability or damage of any chacacter, including defense
costs, expenses and reasonable attorney fees incidental to the defense of such losses, damages or liability on account of injury, disease, sickness, including death, to any person or
damage to property including the loss of use resulting therefrom, caused by any negligent act, error, or omission of the Engineer, its officers, employees, or subcontractors, or anyone
else for whom Engineer is legally liable which are resulting from or caused by the perfonnance of any services called for by this Agreement. In the event the parties are found to be
jointly or derivatively negligent or liable for such damage or injury, the indemnification shall be assessed on a proportionate basis in accordance with the final judgment, after all
appeals are exhausted, determining such joint or derivative negligence or liability. The Engineer is not responsible for the actions of the Owner's contractor or any other party contracting
with Owner to perfonn the construction of the improvements covered under this Agreement. Acceptance and approval of the final plans by the Owner shall not constitute nor be deemed a
release of the responsibility and liability of Engineer, its employees, associates, M:\JOBSI41308·Rlclwd Byn:I North\coN"fRAC1\l'avemenlRepl:tcement Conmct06·22-<15.doc 6 
agents and subconsultants for the accuracy or competency of their designs, working drawings and specifications, or other documents and services provided by Engineer hereunder; nor shall
such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the designs, working drawings and specifications, or other documents and services provided
by Engineer hereunder; or other documents prepared by Engineer, its employees, and subconsultants. SECTION 10. INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION Engineer agrees that it is
an independent contractor and not an agent of the Owner, and that Engineer is subject, as an employer, to all applicable Unemployment Compensation Statutes, so as to relieve Owner of
any responsibility or liability from treating Engineer's employees as employees of Owner for the purpose of keeping records, making reports or payments of Unemployment Compensation taxes
or contributions. Engineer further agrees to indemnify and hold Owner harmless and reimburse it for any expenses or liability incurred under said Statutes in connection with employees
of Engineer. SECTION 11. INDEMNIFICATION FOR NON·PA YMENT To the extent Owner has paid Engineer in full hereunder for same, Engineer shall defend and indemnify Owner against and hold
Owner and the premises harmless from any and all claims, suits or liens based upon or alleged to be based upon the non-payment of labor, tools, materials, equipment, supplies, transportation
and management costs incurred by Engineer in performing this Agreement. SECTION 12. ASSIGNMENT Neither party shall assign or sublet this Agreement or any part thereof, without the prior
written consent of the other party. SECTION 13. APPLICABLE LAWS Engineer shall comply with all federal, state, county and municipal laws, ordinances, regulations, safety orders, resolutions
and building codes applicable to services to be performed under this Agreement. SECTION 14. DEFAULTOFENGINEER In the event Engineer fails to comply or is unable to comply with the provisions
of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within fourteen (14) days after written notice by Owner to Engineer,
Owner may, at its sole discretion without prejudice to any other right or remedy: • Terminate this Agreement and be relieved of the payment of any further . consideration to Engineer
except for all services determined by Owner to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for percentage of completion by Engineer
through such date of termination. In the event of, of such termination, Owner may proceed to complete the services in any manner deemed proper by.owner, either by M:\lOBS\41308·Rlcllard
Byrd NorthlCON'!RACI\l'avement Replacement Contract Q6-22-05.doc 7 
the use of its own forces or by resubletting tc others. In either event, the Engineer shall be liable for all reasonable, unmitigatable costs in excess of the total contract price under
this Agreement incurred to complete the services herein provided for and the costs so incurred may be due or that may thereafter become due to Engineer under and by virtce of this Agreement.
• Owner may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies andlor help necessary to remedy the situation. The reasonable
expense for same may be offset against amounts due the Engineer. In such case, Engineer shall not be liable with respect to indemnity or otherwise for any such services performed, arranged,
or furnished by Owner. Engineer shall not be considered in default of this Agreement for delays in performance caused by acts of the Owner or other circumstances beyond the reasonable
control of the Engineer. SECTION 15. ADJUSTMENTS IN SERVICES No claims for extra services, additional services'or change in the services will be made by Engineer without a written agreement
with Owner prior to the performance of such services. SECTION 16. EXECUTION BECOMES EFFECTIVE This Agreement will be effective upon execution by and between Engineer and Owner. SECTION1'.
VENUELOCATION In the event of any dispute or action under this Contract, venue for any and all disputes or actions shall be instituted and maintained in Dallas County, Texas. The parties
agree that the laws of the State of Texas shall apply to the interpretation, validity and enforcement of this Contract; and, with respect to any conflict of law provisions, the parties
agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the interpretation, validity
and enforcement of this Agreement. SECTION 18. AGREEMENT AMENDMENTS This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there
are no oral understandings, statements, or stipulation bearing upon the meaning or effect of this Agreement, which have not been incorporated herein. This Agreement may only be modified,
amended, supplemented or waived by a written instrument executed by the parties except as may be otherwise provided therein. SECTION 19. WRITTEN NOTICES All notices, demands and communications
hereunder shall be in writing and may be served or delivered personally upon the party for whom intended, or mailed to the party to whom intended at the address set forth on the signature
page of this Agreement. The address of a party may be changed by notice given pursuant to this Section. SECTION 20. GENDER AND NUMBER M,\JOBSI413OS-Richard Byrd North\CON1'RACl\Pavement
Replacement Contract 06-22-OS.doc 8 
The use of any gender in this Agreement shall be applicable to all genders, and the use of singular numbers shall include the plural conversely. IN WITNESS WHEREOF, the parties hereto
have executed this Agreement on this the day of , 2005. OWNER: ENGINEER: TOWN OF ADDISON, TEXAS HNTB CORPORATION By: By: Ron Whitehead, City Manager Benjamin J. Biller, P .E. 5300 Beltline
Road Vice President, Central Division P.O. Box 9010 5910 Plano Parkway, Suite 200 Addison, Texas 75001-9010 Plano, Texas 75093 Witness: Witness: M:\JOBS\41308-Richard Byrd North\CONTRACI\Pavemenl
Replacement Contract 06-22-OS.doc 9 
Exhibit A Geotechnical Services M:\lOBS\41308·Ricbard Byrd North\cONTRAC'ru'.vement Ref 
--, ...􀁾􀀠 .-.7 􀀭􀀺􀀮􀁾􀀠,:.. 􀀬􀁟􀁾 __􀁾􀀮􀀬􀀽 l 1_ 􀂫􀁾􀀮􀁟􀀭􀁾􀀠,_ !; .:;;.di;", .: j. ' 􀁾􀀢􀀢􀀬􀀬􀀬􀀬􀀬􀀬􀀢􀁾􀁾􀀺􀀺􀀢􀀧􀀬􀁾􀀮􀀭􀀮􀁾􀀺􀀺􀀮􀁩􀀩􀀠 , . " 􀁾􀀠 -􀁾􀀠 􀁾􀀮 ,-' a: 􀁩􀀻􀀻􀁾􀁾􀁾􀀠
􀀺􀀮􀀲􀀢􀀧􀀺􀁾􀀬􀁩􀀮􀀢􀀬􀀢􀀧􀁾􀁟􀀠... 􀁟􀁾􀁟􀁾􀀮􀁾􀁟􀀮􀀮􀀻􀀺__􀁾 􀁾􀀠j , ... -"" PROPOSAL FOR SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES ADDISON AIRPORT IMPROVEMENTS
ADDISON, TEXAS ECS PROPOSAL NO. 19-2772-GP . FOR HNTB JUNE 21, 2005 
GEOTECHNICAL· CONSTRUCI'ION MATERIALS· ENVIRONMENTAL June 21, 2005 Mr. Michael A. Hutchinson, P.E. HNTB 5910 West Plano Parkway Suite 210 Plano, Texas 75093 Reference: Proposal for Subsurface
Exploration and Geotechnical Engineering Services Addison Airport Improvements Addison, Texas ECS Proposal No. 19-2772-GP Dear Mr. Hutchinson: As requested, ECS -Texas, LLP (ECS) is
pleased to present the following proposal for providing subsurface exploration services and geotechnical engineering analysis of the proposed site for the above referenced project in
Addison, Texas. We understand the project consists of reconstructing the pavements in six different areas identified in our site visit as: North side of the Airplane Hangars located
south of Richard Byrd Drive; Uniform Taxiway; Addison Hanger; Addison Apron Area; Addison T -Hangers; and Addison Taxiway Quebec. Preliminary details are as follows: • North side of
the Ai!;p1ane Hangars located south of Richard BYrd Drive -the existing hot mix asphaltic concrete (HMAC) pavement in this area is distressed and in need of replacement. Light single
engine aircraft (approximately 12.5 kip total load) will traverse this section. Preliminary plans are to remove the HMAC and replace with full depth asphalt or a combination of asphaltic
concrete and base materials. Surface drainage in this area is to the north. • Uniform Taxiway this triangular area is a grass and HMAC paved area. It is positioned in the vicinity of
two larger aviation operators. Larger planes, up to 737 class, will traverse this area. Plans are to pave this area with Portland cement concrete (PCC). Surface drainage is to east toward
an existing inlet. • Addison Hanger -this area is currently a HMAC paved area that has been overlaid and has some alligator cracking. The pavement under the open-air hanger is distressed
due to fuel spills and concentrated wheel loads. Plans' are to overlay this area with HMAC. Light single engine aircraft (approximately 12.5 kip total load) will· traverse this section.
Surface drainage is toward the south, and east and west away from the hanger. 4950 Keller Springs Road, Suite 480, Addison, TX 75001 PH (972) 392-3222· FX (972) 392-0102 www.ecs-texas.com

HNTB ECS Proposal No, 19-2772-GP JW1e 21, 2005 • Addison Allron Area -this area is comprised of four different surfaces including light duty HMAC, 4-inch PCC, grass, and heavy duty HMAC.
lbis area is next to the main north-south taxiway. Surface drainage is toward several surface drains parallel to the taxiway. These areas are planned for replacement with heavy duty
PCC for 737 class aircraft; although the grass covered area may be paved with HMAC. • Addison T -HangerS -the area around these hangers is currently HMAC that has been overlaid and seal
coated. Drainage in this area is to the south. Plans are to perform a cold-mix recycle of the existing pavement and place a new HMAC surface for light-duty aircraft traffic. A portion
of the taxiway running east-west will experienee fuel truck traffic, Individual driveways leading into these hangers will be included. • Addison Taxiway Quebec -this area is currently
a HMAC pavement (possible concrete underneath 1) that will be replaced with PCC. Large aircraft, 737 class, as well as fuel trucks will traverse this section. Scope of Services We understand
that construction for all of these areas may not occur at this time, Therefore, we have provided a separate fee for each area. If authorized, our integrated services will include drilling
of soil borings by drill crews under our direct supervision, laboratory testing of representative soil samples for pertinent engineering properties, and preparation of an engineering
report, All borings will be drilled to a depth of about 5 feet below existing grade within the proposed pavement reconstruetion areas. These borings will be advanced through holes cored/cut
through the existing pavement. Bulk soil samples will also be obtained to perform CBR tests. The holes will be backfilled with euttings and the pavement surface patched with cold-mix
asphalt or ready-mix concrete. The subsurfaee investigation program will include the following borings at each location: • North side ofthe Airplane Hangars located south ofRichard Byrd
Drive -8 • Uniform Taxiway -3 • Addison Hanger -8 • Addison Apron Area -8 • Addison T -Hangers -10 • Addison Taxiway Quebec -4 Upon completion of drilling operations, the samples will
be subjected to laboratory tests (that can include moisture content, Atterberg limits, lime series, soil cement content, and CBR tests) followed by the preparation ofa written report.
2 
HNTB ECS Proposal No. 19-2772-GP June 21, 2005 The engineering report will include the following items: a. Information on site conditions and special site features. b. Description of
the field exploration and laboratory tests performed. c. Final logs of the soil borings and records of the field exploration in accordance with the standard practice of geotechnical
engineers. A boring location plan will be included, and results of the laboratory tests will be noted on the final boring logs or included on a separate test report sheet. d. Results
of CBR tests. e. Results of lime series and soil cement tests. £ Recommendations for subgrade preparation and pavement design options. Fees and Schedule The lump sum cost ofthe services
outlined above in each of the areas will be as follows: • North side of the Airplane Hangars located south of Richard Byrd Drive -$3,280.00. • Uniform Taxiway -$1,455.00 • Addison Hanger
-$ 2,225.00 • Addison Apron Area -$3,710.00 • Addison T-Hangers -$ 3,985.00 • Addison Taxiway Quebec --$ 1,985.00 Total Fee: $16,640.00 This lump sum cost includes 3 copies of the written
report and one preliminary design meeting prior to issuing the final report. We are prepared to mobilize onto the site within 4 to 5 working days after authorization to proceed. We anticipate
that fieldwork"will require approximately three working days, and that laboratory testing after drilling is completed will require approximately 15 working days. Therefore, for time
budget purposes, the total scope of work could require as much as 5 weeks from initial authorization through fmal report submission. We anticipate a meeting with the design team upon
completion of the laboratory testing and prior to the final report. If other items are required because of unexpected field conditions (i.e. site clearing, wet site conditions, etc.)
encountered in our field exploration program, or because of a request for additional services, they would be invoiced in accordance with our current Fee Schedule. Before 3 
HNTB 􀁅􀁃􀁾􀀠Proposal No, 19-2772-GP June 21,2005 modiJying or expanding the extent of our exploration program, you would be informed of our intentions for both your review and authorization,
If requested, we can review plans and specifications for the referenced project to determine general compliance with the geotechnical engineer'srecommendations. We can also provide additional consultation and engineering analysis for you on other problems related to performance of the structure and subsurface conditions. These
services can be provided at the unit rates outlmed in the attached fee schedule, and would be in addition to the fee outlined above, Closing Attached to this letter, and an integral
part of our proposal, are our "General Conditions of Service". These conditions represent the current recommendations ofthe Association of Soil and Foundation Engineers, the Consulting
Engineers' Council, and the Geotechnical Division of the American Society of Civil Engineers. Our insurance carrier requires that we receive written authorization prior to initiation
of work, and a signed contract prior to the release of any work product, This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and
returning the enclosed copy to us. We are pleased to have this opportonity to offer our services and look forward to working with you on the project. Respectfully, flJ;L" David A. Lewis,
P,E. 􀁾􀀠 Daniel L. Franklin, Jr., P .E. Senior Geotechnical Engineer PresidentlPrincipal Engineer Enclosures: General Conditions ofService 
HNTB ECS Proposal No. 19-2772-GP June 21, 2005 ECS -Texas, LLP PROPOSAL ACCEPTANCE Proposal No.: 19-2772-GP Scope of Work: Subsurface Exploration and Geotechnical Engineering Services
Location: Addison Airport Improvements Addison, Texas Client Signature: Date: Please complete this page and return one copy of this proposal to ECS-Texas, LLP to indicate acceptance
of this proposal and to initiate work on the above-referenced project. The Client's signature above also indicates that he/she has read or has had the opportunity to read the accompanying
General Conditions of Service and agrees to be bound by such General Conditions of Service. BILLING INFORMATION (please Print or Type) Name of Client: Name of Contact Person: Telephone
No. Of Contact Person: Party Responsible for Payment: Company Name: PersonlTitie Department: Billing Address: Telephone Number: Fax Number: Client Project/Account Number Special Conditions
for Invoice Submittal and Approval 5 
ECS • Texas, LLP TERMS AND CONDITIONS OF SERVICE SeIVJce; and more effective techniques that may have been developed subsequent to the issuance of such S1andards, ECS shall identitY
any deviations from such Standards to CLIENT, and the reasons for deviation, in the Scope of Services and/or Documents of Servlce. 4.4 Unless otherwise Indicated, compliance with any
practice Standard, referred to as 􀁾􀁧􀁥􀁮􀁥􀁲􀁡􀁬􀀠 compllance-, specifically excludas consideration ot any practice Standard refarance d in tha Standards cited in tha Documents of
Servlce provided by ECS. 5.0 CLIENT DISCLOSURES 5.1 CLIENT shall furnish andlor shaH direct CLlENrS consultant(s) or egenl{s) to furnish ECS information identifying the type and location
of utility Jines and other men-made objects known, suspected, or assumed beneath the Site's surface, where the Scope of Services reqUires ECS to penetrate the Site surface. 5.2 CLlENT
shall notify ECS of any known, assumed, or suspected, regulaled, contaminated, or Hazardous Materials that may exist at the Site (surficial and subsurface) prior to ECS mobilizing to
the Site. SUch Hazardous Materials shall include but not be limited to any substance which poses or may pose e present or potential hazard to human health or the environment whether
contained In a product, material, by-product, waste or sample. and whether It exists in a solid, liquid, semi-solid or gaseous fonn iHaUJrdOus Materials"J. 5.3 If any Hazardous Materiats
are discovered or ere reasonably suspected by ECS after its Services ara Initiated, a Changed Condition shalL e)(ist If all or eny part 01 the SCOpEt of Services ere to be provided In
the general vicinity of a facUlty, or In an area where dust, furnas, gas, noiSe. vibrations or other particulate or nonpartlculate matter is In the atmosphere Where it ra!S6$ e pOCentlal
health ha2ard, or nuisance to those working in the area of such conditions. CLIENT shall notify ECS of such condition{s), potential health 􀁨􀁾􀁲􀁤􀁳􀀠01 nuisances. ECS shall take any
n&eeSSalY and reasonable measures deemed appropriate to ECS to protect Its employees against such possible health hazards or nuisances. The cost of such protective measures shall be
bome by the CliENT. 6.0 INFORMATION pROVIDED BY OTHERS 6.1 CtIENT shall provide ECS with existing information necessary for rnndering Services hereunder. as well es likely sources of
this infonnatlon, 'With such sources to Include but not be limited to CLIENT, CLIENT understands that informalion provided to ECS may contain error.;. inaccuracies and/or omissions.
and that It is impossible for ECS to assure the sufficiency of such /nformaUon. C1JENT therefore waives any claim of liability agalnst ECS regarding any clalm for Injury or loss allegedly
arising from errors, omJsslons. or Inaccurac1es In dt;X.;umenls and other Informatlon In any form proWled to ECS, Including such information that becomes incorporated Into ECS Documents
of Service. U CONCEALEQ RISKS 7.1 C1JENT acknowledges that special risks are associated with the identifteatIon of conoee1ed conditions p.e., subsurface conditions, conditions behind
a wall, ate., that are hidden trom \flew, are not readily epparent, or cannot be accessed for sampllngttasUng). Even a comprehensive sampling and tesUng program Implemented by experienced
personnel using applQPriato equipment under the direction of a trained professional may fall to detee\ certain eondlUons, because such conditions era concealed and then,ri'OA,ll cennot
be targeted in development of an exploratlon or reconnaissance plan, or sampiingltesting program. 7.2 Conditions that ECS infers to exist betwflen sampllngJtestlng points may differ
significantly from the condltlons that exist at the samplingftestlng pomts. Since some condltloM can change substantially over time, the CLIENT re<:ognizes that. because of natural occurrences'
or human Intervention at or near the Site, actual conditions discovered through sampllngltesUng may be subject to rapid or gradual change. 7.3 ECS wm maklit reasoneble efforts to anticipate
and idenUfy potential concealed conditions for exploration, sampling 01' testing. However, CUENT understands that such risks cannol ba elimlnaled and agrees !hat the Scope 01 Services
Is that which CLIENT agrees suits CLIENT'S own nsk tolerances. CliENT may request ECS to evaluale the risks and provide e higher level of exploration to reduce such risks, If desIred
or appropriate. 8.0 BIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES 8.1 CLIENT warrants that It possesses the authority to provide right of entry permissIon for the performance at ECS'
Services. CUENT hereby grants ECS and its subcontractors and/or agents, the right to enter from time to tlme onto the property owned by CLIENT andfor other(s} In orderIDr ECS to perform
the Scope of Services;. These Terms and Concfdions of Service. lncluding any supplements that may be agreed to, along with the accompanying Scope of Services and Professional Fees constitute
the entire Agreement F'AGREEMENTj under which Servfces are to be proVided by EG$ -TeJeas.lLP rEGS"'] (including its employees. officers, successors and assigns) for Client rCLIENr] 6ncludlng
its employee$. officers. s.uccassors and assfgns). 1.0 INDEPENDENT CONSULTANT STATUS Except as may be otherwise noted herein. ECS shall SE!rw 8$ an Indepandanl professlonal consultant
to Cl....lENT and shall bava control owr, Bnd raspons!bllity for. the means and methods for providlng the Servi,ces under this AGREEMENT, including the retenUon of SubconlTactors and
Subconsu1tants. Unless expressly stated in ECS' Scope of SeIVlces, ECS shall not serve 6S CLIENT'S agent or representatlve. SCOPE Qf SER\f!CES The SoJpe of Services includes onty those
Services Identified in the Scope of Services. It is understood that the Scope of Services, Professlonal Fees, and lima schedule dafuted In the Scope of Services are based on information
provlded by CLIENT andlor CUENT'S oontlactors and consultants. CLIENT ac1mow2edges that if this Information Is not current. is Incomplete or inaccUrate. or if conditions are discovered
lhat could not be foreseen by III reesonable person, the Scope ot 􀁓􀁥􀁲􀁶􀁩􀁾􀁓􀁉􀀠may change, evan while the Services are In progress. Additional SeI\l!ces shell be provided at the
unit rates contained In this AGREEMENT. or if not prevloLlSly provided, at the Fee Schedule rates In effect al the time the Additional Services are provided. STANDARD OF CARE ECS shall
strive to perform its professional Services In a manner conslslent with that level 01 skill and carn ordinarily exercised by competent members of the same proteSSlon providing sImilar
Services In the seme region, under similar conditions during the same time period. No other represenlation. expressed or Implied, and no warranty or guarantee Is Inoluded or Intended
In this AGREEMENT, or In any ECS report, opinion, plan or other Document of Service, In connection with ECS' Services. CUENT understands and agrees thaI ECS' professional jUdgment must
rely on the facts leamed during performance or Uw Scope of Servlces. ·CLIENT acknowledges that such data collection is limited to Ihe Immediate eres that is sampled, tested andlor obsetved.
ConsequenU)!, cwENT agrees that It shan not bring a claim. based upon facts subsequently learned, regarding conditions In areas not evaluated by ECS, or which were not part of Ihe immediate
area(s) explk:LUy evaluated by ECS. The CUENT recognizes that tested or e>lplored conditions may vary from thosa encountered by ECS and thai the analyses and recommendations developed
b)' ECS are based predominantly on the information available from such testing. SlJrveys and explorations. COMPLIANCE WITH eODES ECS' 􀁰􀁲􀁯􀁦􀁥􀁳􀁳􀁬􀁯􀁮􀁾􀀠Services shaH be provlded
In a manner consistent with sound engineering pradk::es and shall comply with appllcable codes, laws, regulations. standards. and ordinances f"Stmdards"] in affect and publicly announced
as of the lime the Servloes are provided by EGS. ECS shaJi make reasonable and professlonal efforts to comply with CUENT'S lawful direction and requests governing the pertonnance of
the SeMces. If e sltuatlon arises that causes ECS to believe compliance with CLIENTS wishes could result in ECS violating an applicable Standard or wlll expose ECS to claims or olher
charges. or if ECS believes CLIENT'S actlons or inaction wm be In violation of applicable standards. ECS shall so advlse CLIENT. If CLlENrS actions or inaCfiM result In a Violation of
applicable Standards. ECS shall have the right to terminate its Services In atrordance with the TERMINATION provisions of thls AGREEMENT. If CLIENT decides to disregard ECS' recommendations
'With respect to complying vmh applicable Standards. ECS sheH determine If ECS IS required to notify the appropnate public officials. CLIENT agrees that such determineUons are ECS' sole
right to make. CLIENT ai51') agrees that ECS shall not bear liability for failing to report conditions that are CLIENTS responsibility to report. CLIENT understands that certain preScriptive
professional praotice Standards {standard practices and standard guides} exist (suoh as The American Society fur Testing and Materials {ASTM}, among others) that Identify specific methods
professlonels could or shoUfd Use 10 attain certain results. Such prescriptive practice S!andards fal! to consider: !he unique neads of the CL1ENT; the CLlENrS Prn;ea -specific expectations;
the requirements and obligations of the professionals engaged to provide 1.1 2.0 2.1 2.2 2.3 3.0 3.1 3.2 3.3 4.0 4.1 4.3 ECS Proposal No:2772 Page 1 of 5 Var.4-24-05 
8.2 Except where ECS" Scope ot Services explicitly Includes obtainfng permits, licenses, andfor utHity clearances for the performance of ECS' Services, CLIENT warrants that it possesses
all necessary permits, licenses and/or utility clearances for the Servlces to be provided by EGS. 8.3 EGS will take reasonable precautions to limit damage to Ihe Site and Improvements
during the performance of EGS' Services. CUENT understands that use of exploration, sampling, or teSUng equipment may cause some damage, the correction and restoration of which Is not
part ot this AGREEMENT, unlass explicitly stated in ECS' Scope of Services, and reflected In the ptQfesslonat Fees, 8.4 CLIENT understands Ihat the discovery of certain conditions andfar
the taking of preventive measures relallve to such oonditions may result in a reduction 01 the Property's vaJue, CLIENT agrees that it will not bring any claims for liability or for
injury or loss allegedly arising tram procedures assodaled with exploration, sampling or testing actMties, or discovery of Hazardous Materials. or suspected Hazardous Materials. or ECS"
findings. oonclusions, opinions, <ecommendaUons, plans, and/or specifications related to dlseovery of such contamination. 9.0 UNDERGROUND UTILmES 9.1 In addition to CLIENT fumished Information
regarding underground utilities. ECS shall lake reasonable and IoeaUy cUstomary pmcauticns, possibly Induding oontactlng local public and/or private utility locating services. and/or
conductlng research of publicly available information, to identify underground utilities, as deemed appropriate In ECS' pro18ssional opinion. The extent of such precautions shaD be $t
ecs' sole discretiOn. 9.2 CLIENT recognizes that despite due care, ECS may be unable to Identify the locations of all S4Jbsurface Lll:llity lines and man-made features, and (hal lnformatlon
obtained by ECS and/or ECS' subcontractor{s) or provided to ECS from any entity may contain errors or be InoompJele, 9.3 CLIENT'S a pproval. or absence of CLIENT'S approval of a subsurface
explorallon sketch, or the absence of a sketch, shall not aller GLIENrs responsibilities forfumlshing infonnatlon regarding underground features. 9,4 CLIENT agrees that ECS shall not
be liable for damage Of Injury, consequential economic damages, and/or penalties resulting frem damage to SlJbterranean structures (pipes, tanks, cables, or other utilities, etc.) whIch
are not called to ECS' attenUon in writing and correctly shown on the diagram(s) fumlshed by CLIENT or ClIENrs consultants, or for Underground features not marked, or Improperly loeated
bygovemmenlal or quasl-govemmental tocalors, utility ownelS, or private utlltty tocating services. 10.0 SAMPLES 10.1 Soli. rock, water, building materials and/or other samples and sampling
by. products obtained from the SMe are the property of CLIENT. ECS wm store samples not consumed In laboratory lesting for up 10 sixty (SO) celendar da)'s attar the issuance of an)'
document containing data obtalned from !hose samples. unless other arrangements are nrutvally agreed upon in writing. Samples consumed by laboratory testing procedures will not be stored
as outlined above. 10.2 Unless CUENT directs otherwise. CLIENT authorizes ECS to dispose of CUENrS 􀁮􀁯􀁮􀁾􀁨􀁡􀁺􀁡􀁲􀁤􀁯􀁵􀁳􀀠 samples and sampling or tastlng process byproducts In
accomanca with applicobla laws. 11.0 HAZARDOUS MATERIALS 11.1 An substances on, In. or under CUErrrS Site. or obtainecl from CLIENTS Site as samples or as byproducts of tha sampling
process, are and will remaln CUENTS property, 11.2 When HazardoUs Materials are known, assumaa, or suspected to exist at the sm. ECS shall take appropriate precautions deemed prudent
in ECS' SOla aM profe$S!ona.! opinlon to oomply with applicable laws and regulations. and to reduce the risks to ECS' employees. public health. safety. and welfare. and the environment
CLIENT agrees to compensate ECS for such Services. 11.3 Hazardous Materials may e.xlst even where there Is no reason to believe they are presenL Should ECS discover that such unanticipalad
or S1Jspectad Hazardous Melanals exist. ECS shall notlty CLIENT as soon as practicable, DIscovery of unanticipated Hazardous Materials constitutes a Changed Condition. 11A When Hazardous
Materials ere known, assumed, or suspected to axlst at the Site, ECS will handle such malen'sls as Hazardous Malerlals. ECS or ECS' subcontractors will contalnertte and label such Materials
In accordance with applIcable law, and will !eava the contalool'$ on 􀁾􀁬􀁥􀀬􀀠 CUENT Is responsi:ble 10r the retrieval and lawfu! removal, lransport and disposal of such contamInated
samples. and sampling procoss byproducts. 11.5 Any of ECS' field, laboratory, or other equIpment that becomes contaminated, or hes been suspected 10 be: contaminated by Hazardous Materials
encountered at the Site must be decontamInated, Any conlaminated consumables must be disposed of properly and rQPiaced. CLIENT shall compensate ECS for the deeontamlnation of equlpment
and dISpOsal and replacement of contamioated consumable5. For PU!p05eS of this AGREEMENT, equJpment that cannot be readily decontaminated shall be considered a consumable. 1.1.6 Unless
expllcllly slaled In ECS' Scope of Services, ECS shall not subcontrarn nor arrange for the transport, disposal, or treatment of Hazardous Malerials. At CUENrS request. ECS may assist
CLIENT In ldentlfyfng appropriate alternatives for transport. off-sile treatment, storage. or disposal of such substances, but CLIENT. no{ ECS, shall make final salection of methods
and firms to provide such services, CLIENT shall sign all manifests for the disposal of substances affected b)' Hazardous Materials contaminants and shall olheIWise exerdse prudena:
In arranging for lawful disposal. 11.7 In those instances where ECS is expressly retained by CLIENT to assist CLIENT 1n the disposal of Hazardous Materials, samples, or wastes, ECS shalJ
do so only as CLIENTS agent {notwithstanding any other provision 01 this AGREEMENT to the contrary) so that EGS shall not assume the rote of, nor be: considered a generator. storer,
transporter, or d!sposer of Hazardous Materials. 11.8 Where the Scope of Services Includes Identlfylng existing sources of asbestos, lead, or other Hazardous Materials, ECS wlll attempt
to identify such materials which are accessible and which, In ECS' professional opinion. have the potentla.! to pose significant exposure risk. CLIENT acknowledges that ECS may not be
able to identify all sources of such materials, or that identmcation of all matertals may not be practical, or may be cost prohlb!lIve, 12.0 AqUIFER CROSS:CONTAMINATION 12.1 Subsurface
sampUng may result in unavoldabte cross-contamination 01 certain subsurtace areas, as when a probe or excavationtboring dev!ee moves through a oon1amlnaJed zone and links it to an aquifer,
underground stroam, or other hydrous body not previously contaminated, or connects an , uncontamlnat&d zone with a contaminated zone. Because sampling Is an essential element of ECS'
Services Indicated heraln, CLIENT agrees this risk cannel be eltminated, CUENT w.ll not hold ECS liable for such crosscontamination If ECS provides its Services In accordance with the
applicable Standard of Care. 13.0 PHASE! ENVIRONMENTAL SITE ASSESSMENTS 13.1 CLIENT understands that a Phase 1Environmental SUe Assessment {ESA) is conduded soJety to permit ECS to render
a professional oplnlon about the likelihood of the site having a Reeognimd Environmental Condition on, In, beneath, or near the Site at the Ilme the Services are conducted. 13.2 No matter
how thorough e Phase I ESAstudy may be, findings derived from Us conduct ara highly limited and ECS cannot know or state for an absolute tact that !.he Site Is unaffected by one or more
RecognIzed Environmental Conclltions. Furthermore. even If ECS believes that reportable quantities of Hazardous Materials am not present. CLIENT agrees that it still bearS the riak thai
such contaminants may be prasent, or may mlgrate to the Site after the Scope of Services ls oomplete, 13.3 Gwen the foregoing, CLIENrs aoceptanc:e of this AGREEMENT shall signify that
CLIENT understands the the limitations associated with Phase I ESAs. 14,0 OWNERSHIP OF DOCUMENTS 14.1 With the exceplion oftha coplas of the ECS Documents of Service provided to the
CLIENT, all documents, Including origInal boring logs, field data, field notes, laboratory test data, calculetions and estlmatas. maintained in any form deemed approprlate by ECS, ere
and remain, the property of ECS. 14.2 My explOration, reconnaissance, data review, observallons, testing, surveys or slmllar Services, analysoo and racommendatlons associated with the
Services shall be pravlded by ECS (lnciuding subcontracted Services) for the CLlENrS sole use. CLIENT understands and agrees that any use of the Documants of Service by anyone other
(han the CLIENT Is not pe_ad. 14.3 CLIENT has retalnad ECS to provlde professional Services, resultlng in, but not limited to, technical reports. lsUars, photos, boring logs, field data,
field notes. laboratory tMl data, calculations. designs,. plans. speclfleations, reporis. or sImilar documents and estimates of eny Imd furnished by ECS [,Documents of Serv!ee1. Such
Documents of Servlce are not being purchased under this AGREEMENT. 14,4 CLIENT agrees to not use ECS' Documents of Service for any other projects, or for the PreJect whlch has changed
in scope. or extensions ofthe Project, from the dateHs contemplated In ECS' Documents of Service, Any reuse without ECS' WTitlen consent shall be: at CLIENTS sole risk and without liability
to ECS orto 􀁅􀁾􀁓􀀧 subcontractor(s). 14.$ CLIENT agrees that ECS' Documents of SeNice may not under any circumstances be altered by any party except ECS. CLIENT warrants that ECS"
Documents of Service shall be used onty and exac:tly as submitted by ECS. 14.6 If ECS at CLIENrs request verifies or adapts any Document of Service for extensions of the Project, or
for any other project. then CliENT shall compensate ECS at rates or in an amount to be: agreed upon in advance by CLIENT and ECS. Fr.R PrnnnAA:! Nn'?77? PWlA?of .I:i 
14.7 eUEN'f may make and retain coples of ECS' Documents of Service for information and reference in connection with the Project. 14.8 Excep! for daily field reports and concrete lest
rnports sent electronically by ECS to CLIENT and CUENT'S deslgnees. the follOWIng shall apply to all etec{{OnlC filas: Flies In electrorrlc media format of text, dala. graphics, or other
types that ate furnished by ECS ate furnished only for convenience, not reliance by the raeelvJng party. Artf conclusion or information obtalned or derived from such electronic files
will be at the user's sole risk If there Is a discrepancy between the electronic files and the hard coptes. the hard copies shall govem. 14.9 CLIENT agrees that ell reports. documents.
and other Documents of Service furnIshed to the CUENT but not paid for in full will be returned to ECS upon request and wllI not be used for design, construction, permitting or licensing.
14.10 CUENl agrees the! any patentable or copywritable concepts deve!oped by ECS as a consequence of its services hereunder are the sole and exclusive property of ECS. 15.0 SAFETY 15.1
CLIENT agrees that ECS Is responsible solely for the safety of ECS' employees on the Project SUe. These responsibilities shall not be IntelToo by any party to mean that ECS has responsibility
for any portJon ot site safety fOf any reason. Unless otherwise expressly agreed to In wrIting, SCS' SCOpe of ServlCM excludes responSibility for any aspect of site safety other than
for ECS' own employees. and nothing herein shall be construed to relieve CLlENT and/or Its other contractors, consultants, or other parties from their responsibility for the safety of
their own employees. 15.2 For actiwl construction sites, CLIENT also agrees that the General Contractor is solely responslble for Project Site safety, CLIENT agrees that CLIENTS agmement
with the General Conlrnctor shall require the Contractor, to the extent of Contractor's negligence, to Indemnify, defend, and hold CLIENT and ECS harmless from any fina, penalty. claim.
or liability for injury or loss arising from CLIENTS or ECS' alleged failure to exarcisa site safety responsibility. 15.3 CLlENT shall to the fullest extent permitted by law comply with
tha INDEMNIFICA'fION P(ovtslons of this AGREEMENT as a result at any claim or liability 10r InjUry or loss arising from: 15.3.1 ECS' alleged fallure to notice a safety hazard of any
kind, 15.3.2 ECS taking direct and Immediate action as a Good Samaritan, to prevent or mitigate the effects Of What ECS bellaves Is a hazardous condition or an Imminent 􀁡􀁣􀁣􀁬􀁤􀁡􀁮􀁬􀁾􀀠.
15.3.3 ECS' alleged faDum 10 exercise site safety responsibility 15.4 In the event ECS expressly assumes health and safely responslbllltias for lo);ic or other corn:ems specified, the
acceptance of such responslbllHy does not and shall not be deemed an acceptance of responsibility for any other health and 􀁳􀁡􀁦􀁾􀀠requirements, such as those relaUng to excavating,
trenching, shOring, dnlling. bacldilllng, ti..asHng, or similar consttucUon activities. 16,0 CONSTRUCTION TESTING AND REMEDIATIoN SERVlCE§ 16.1 CLIENT understands: that construction
testing and observation Serv1cas ern conducted to reduce, nO! elimInate, the IiSI< Of problems ariSing during or after constructbn or remediaUon, and that provision of suCh SOrv\ces
does not create a warranty or guarantee of eny type. 16.2 Monitoring andlor tesl1ng Services prov1ded by ECS shall not 11'1 any way relieve the CUENTS conlJactOr(s) from their responSiblliUes
and obligations for the quality or 􀁾􀁰􀁬􀁥􀁴􀁥􀁮􀁥􀁳􀁳􀀠of construction. nor for complyIng with appUcab!a laws and codes. 16.3 The professional actMOOs of ECS, or the presence of ECS
employees and subcontractors. shall not be construed to imply ECS has any responsibility for tha means, mathods. taehnlques, sequencing of construction, or procedures of construcUon
selected, for safety precatltlOns end progrems IncTdentaI to the Conuactor's Work. Furthermore, ECS does not and shall not have or aocepl: authority to supervise, direct. control, Of'
stop Contract01's Work. 16.4 Construction 'monitoring generally consist s of visual observation and monltoring of oonstructfon materialS, equlpment operation, and/or installation pn;x;edures,
possibly InclUding appUcabia teSting, to permit ECS to render a professional opinlon as to the conlractor's conformance with the Project plans and speciOCations, and applicable laws
and regulations. CLIENT is the only party who may accept or reject the worit based partially on ECS' professional opinion. 1'6..5 ECS strongly reconvnends that CLIENT retain ECS to provide
Its Services on a full lime besis to lower the risk of detective or Incomplete Work being Installed by the Contractor. If CLIENT elects to retaIn ECS on less than a full lime basis for
any aspect of construction monitoring and/or testing, CUENT accepts the lncreased riskS that a slgnlficanlJy lOWer levst of construction quality may occur, and waives any and aU claims
agafnst ECS related to unsatlsfactory quality or perfonnance of elements observed or tasted by ECS on a part time basis. 16.'6 Under no circumstances shall ECS be liable for extra Work
or other consequences due to Changed Conditions, or costs related to recommendations provided by ECS, or failure of the General Conlractor. subcontractors, materialmen or service providers
to Install the Work in acx;ordanca with the plans and specifications, and applk:able laws and regulations. 1'6.7 CLlENT agrees that it will not hold ECS liable for problems that arise
when ECS' plans, specifications, recommendations. reports or other Documents of Service are not followed. 17.0 CERTIFICATIONS 17.1 CLIENT may request or requlrn ECS to provide a 􀁾􀁣􀁥􀁲􀁴􀁩􀁦􀁩􀁣􀁡�
�􀁩􀁯􀁮􀀢􀀠regardIng Services prOV'ided by ECS. Any ·certificatlon" requIred of Ecs by the CLIENT, or junsdlclion{s) having authOrity over some or all aspects of the Project, shall consist
01 ECS' Inferences and professtonal opInions based on limited sampling, observations. tests, and/or analyses performed by ECS at discrete locaUons and times. ECS' 􀁾􀁣􀁥􀁲􀁴􀁩􀁦􀁩􀁣􀁡􀁕􀁯􀁮􀂷􀀠shall
consist of ECS' professional opinion 01 a condition's exlstence, but ECs does not guarantee that such condition exIsts, nor does it relieve other parties of responslblHtles or obligations
such parties have. CLIENT agrees not 10 make resolution of any dispute with ECS or payment of any amount dUe (0 ECS In any way contingent upon ECS signing any such documents. 18.0 CHANGED
CONprnONS/AGREEMENT RENEGOTIATION 18.1 Should ECS identify a Changed Condition, ECS shall notffy the CLIENT of the Changed CondiUon{s) that In ECS' professional judgmant require an amendment
of the ProfessionalFees, tlme schedule, andlor Scope of S&MceS. ECS and CliENT shall promplly and in good fai1h negotiate an amendment to this AGREEMENT. 19.0 BILLINGS AND PAYMENTS 19.1 Billings will be
based on the unit rates, traval costs, and other reimbursable exPanses stated fn the Professional Fees. 19.2 Any Estimale of Pro!esslonat Feas stated in this AGREEMENT shall not be conskiered
as a not·to-exce&d or lump sum amount unless otherwise explicitly stated In this 􀁾􀁒􀁅􀁅􀁍􀁅􀁎􀁔􀀮􀀠 19.3 CLIENT recognizes that time Is of the essence with respect of payment 01 ECS'
Involces, and thai: timely payment Is a material part of the consideration of this AGREEMENT. Paymant shall be In U.S. funds drawn upon U,S. banks and 1n accordanca wlth the rates and
charges set fOrth in the P«>tessional Fees. Invoices will be submItted by ECS no more frequently than £Nery two weeks, which shall be due and payabla upon recelpL 19.4 If CL.IENT disputes
all or part. oJ an Invoice, CLIENT shatl provide ECS with written noties stating in detail the facts of the dispute within twenty-one (21) calendar days of the invoice date and agrees
10 pay the undisputed amount of such InVQk:a promptly, 19.5 ECS reserves the right to charg& CLIENT &n additional charge of one-andone--half (1.5) percent (or the maximum percentage
allowed by law, whichever 1s lower) of the Invoiced amount per month for any payment received by ECS more than thirty (30) cal&ndar days from the date of the involce, excepting any portion
of the Invoiced amount In dispute and resolved In favor of CLIENT. Payment will firot ba applied to accrued Intares!: and then to the unpaid prinCipal amount Payment of invoices shall
not be subject to unllateral discounting or set-off$ by CLIENT. 19.f> Application of the pareentege rate indicated above as a consequenca of CUENTS tate pa)tmE!nts does not constitute
any willingness of ECS to finance CLIENT'S operations, and no such willingness shall be Inferrad. If CLIENT falls to pay Invoiced amounts within thIrty (30) calendar days of tha date
of the InvoIce, ECS may at any time, without waiving any other claim against CL1ENT and w!thoullncuning any liability to CLIENT, suspend or termInate ail or pal1. 0'its Services. Termination
shall not rnlleve CLIENT of its obligation to pay amounts Incurred up to termination plus edditional costs associated with ECS' termInation of Services. 19.7 CLIENT egrees that its obligatlon
to pay for the Services is not contingent upon CLIENT'S abnlty 10 obtain financing, zoning, approval of governmental or regulatory agenclas, permIts, flna! adjudication of a lawsuit
In whlch ECS Is not involved. upon CLlE.NTS successful complalJon of the Project. settlement of a real estala lrnnsaction. receipt of payment from CLIENTS clIent, or any other evenL
Re:!alnage shall not be withheld from any payment, nor shall any doouctlon be made from any Invoice on account of penally, ilquideted damages. or other sums tncurred by Cl1ENT. 11 is
agreed thai aU costs and legal fees Including actual attorney's fees, and exPenses Incurred by ECS In enforcIng any provlsloo of the AGREEMENT, In perfecting or obteinlng a lien, recovery
under a bond, coIle<:ting any delinquent amounts due, or executing Judgments, shall be reimbursed by CLIENT. 19.8 In the event that CLIENT has not provided payments suoo that ECS' ability
to file a property lien Is about 10 expire, ECS reserves the right to file property/mechanlc's )[ens to secure payment. All fees associated with filing and re!TlO\ll'ng a rl6n shall
be paid by CLIENT. Fr.!": PrnnnAAI Nn' ?77,) 
19.9 Should CLIENT decide to retain ather consultants to complete the Services cont.emplated In this AGREEMENT. or change consultants at the next phase of the Project. CLIENT agrees
to compensate ECS in full for all Services performed to date prior 10 engagement of subsequent consultants. 19.10 Payment of any Invoice by the CLIENT shall be taken to mean Ihat the
CLIENT agrees 10 the provisions of the AGREEMENT and Is satisfied with ECS' Services and is not aware of any defects in those Services. unless CLIENT has provided notice to ECS in accordance
With the DEFECTS IN SERVICE provisions of this AGREEMENT. 19.11 The 􀁾􀁲􀁯􀀱􀁥􀁳􀁳􀁬􀁯􀁲􀁴􀁡􀁬􀀠Fees shall remain valid for a pertod of three (3) months from the date of AGREEMENT. Thereafter.
Fee unit rates shall be adjusted in accordance with the Awrage Consumer Price Index (CPI) for the last twelve {12} months, as requIred by any appllcabl:e collecfrve bargaining agreel1'lant,
or as mutually agreed to by CLIENT and ECS. 20.0 DEfECTS IN SERYlCE 20.1 CliENT and and CLIENT'S personnel and contractors shall promptly Infonn ECS of any actual or suspected defects
in ECS' Services, to help ECS take those prompt, effective measures thet In ECS' opinion will help reduce or eliminate the consequences of any such defect. Cot"J'9Ctions of defects attributable
to ECS' Services shall be provided at no cos! to CLIENT. except In the case that the deficIency is directly ettrlbutable lo CLIENT 􀁾􀁦􀁵􀁭􀁬􀁳􀁨􀁥􀁤􀀠 Infonnauon, CLIENT shall compensate
ECS for the costs of COf'rOCIing such defects. 20.2 Moofficatlons 10 reports, documents and plans required tlS a result of Jurisdictional reviews or CLIENT requests shall not be considered
to be defects In Services. CLIENT shall oompensate ECS for Additional Services required as a result of jurisdictional review requirements. 21.0 INSURANCE 21.1 ECS represents that It
and Its subcontractors and subconsultants are protected by Workers Compensation insurance, and that ECS is covered by genera! llablllty, automobile and professional 􀁉􀁉􀁡􀁢􀁾􀁩􀁴􀁹􀀠
Insurance policies which it deems reasonable and adequate. 21.2 ECS shaH furnish eertlficates of Insurance upon request The CLIENT is responsible for requesting specffic Inclusions or
limlls of coverage that are not prment In EC$ Insurance. Ihe cost of such inclusIons or coverage Increases. if available, wI!! be at the expense of the CLIENT. 22.0 LIMITATIoN QFlIABttrry
22.1 CLIENT AGREES TO ALi.OCATE CER.TAlN OF THE FtlSKS ASSOCIATED W1TH THE PR.OJECT BY UMmNG: ECS' TOTAL UA8IUTYTO CLIENT, SUBJECT TO AVAltABLE INSURANCE PR.OCEEDS, ARIS!NG FROM ECS'
PR.QFUSIONA1. ACT$, ERRORS. OR OMISS!ONS AND FOR. ANY AND AU. CAUSES INCLUDING NEGUGEHCE, aTRICT UABIUTY. BREACH OF COHTftACT, OR BREACH OF WAR.RA1O'Y,INJURlES , DAMAGES, ctAlMS ,LOSS£S
, EXPENSES I OR CLAIM EXPENSES (INCI.UDING REASONABLE ATTORNEY's F'EES) ONDER nils AGREEMENT TO THE FtlLLEST EXTEHT PERMITTED BY LAW, AS FOll.OWS. For projects Where ECS' Fee Esfimale
or proposed fees are: 22.1.1 $2,500 or less, ECS' total aggregate Uabiiity tc CUENT CUENT shaU not exceed $5,000. 22.1.2 greater than $2,500 but $25.000 or less, ECS' total aggregate
liability to CUENT shall not exceed 550.000. 22.1.3 greater than $25,000 but $100.000 or less. ECS' total aggregate liability to CLIENT shall not exceed $200,000. 22,1.4 greater than
$100,000 but $500,000 or lass, ECS' lotal aggregate lIabflityto CLIENT Shall not exceed $1,000,000. 22.1.4.1 tf CLIENT wishes to Increase ECS' nmltaUon of liability from $1,000,000 to
$2,000,000, where ECS' Fee estimate or actllal fees are greater than $100.000. CLIENT 'agrees to remit en additIOnal fee of $3,000 to gain the a ddi1ional coverage. Such request shall
be Indicated by CLIENT'S initials: , This additional fee shall be invoiced fmmedlale!y UPQn the exeeut:lOh of thIs AGREEMENT and shall be due upon receIpt. 22.2 CLIENT agrees to require
of the CLIENT'S General Contractor and Its subcontractors an idanticaillmtiatlon of ECS' liablltty for damages that may be suffered by the Contrae1Or or the subcontractors arising from
ECS' professional acts, errors or omissions. In the event that CLIENT 15 lInwllllng or unable to obtain such identical limltaticn of liablllty In favor or ECS, CUENT agrees to Indemnity
ECS for any amounts that ECS would not owe were such a limitation at liability In place. 22.3 CUENT agrees that ECS shaD not be responsible for bodily Injury and ptoperty damage or lOsses
arising directly or Indirectly. in whole 01' in part, from ads or omissions by (he CLIENT. Its employees. agents, staff, ronsultants or subcontractors or by eny other person or combination
01 persons to tha extent sueh Injllry, damaga, or loss is caused by acts or omissions of CLIENT. its employees, agents. staff, consultants or subcontractors. 23.0 INDEMNIFICATION 23.1
ECS agrees, subled to the Ilmllalign of liabllity provisions of this AGREEMENT to hold harmless and Indemnl1y CLIENT from and against damages alising from ECS' negligent performance
of lis ServiCes to the extent that such Injury is found to be caused by ECS' negligent ads, errors or omissions, Specffically tltcludlng any damages caused by any third party or bylhe
CLIENT. 23.2 To the fullest extent permitted by applicable law, CLIENT agrees to indemnify, defend, and hold ECS harmless from and against any and all liability. claims. damages. demands,
fines. penalties. costs and expenditures (Including reasoneble attorneys' fees and COSls of litigation defense and/or settlement) rOamages, caused In whole or in part by the negligent
acts, errors, or omiSsions of the CLIENT and CLIENT'S employees, agents. staff, contractors. subcontradors, consultants, and clients, provided such Damages are attributable to: {a} the
bodily InjUry, personal injUry, siCkness, disease: and/or death 01 any person; (b) InJury to or loss of value to tangible personar property; or tc) a breach of this AGREEMENT, except
to the exlent such Damage Is caused by the sole negligence or wiltful misconduct of EC$. 23.3 It Is speciflcalty understood and agreed that In no case shall ECS be reQuired lO pay an
amount of Damages disproportlcnal tv ECS' culpability, or any share of any amount levied to recognize more than actual economic damages. subieel to em limitations of liability and iNOEMNIF:CA
TIQN provisions contained 1n this AGREEMENT. 23.4 CLIENT shaH require that General Contractor and General Contractor's subcontractors InclUde CLIENT and ECS as addltkmallnsureds under
their general liability Insurance pollcl&s, whOse Insurance protection shall be primmy protection for CLIENT and ECG, and shall hold CLIENT and ECS harmless from claIms, losses, and
defense costs arisIng from the General Contractor's and General Contractor's subcontractors perfonnance of work, and negligence of contractors or subcontractors on any tier. 23.5 If
a..IENT fails to obtain suCh Indemnifications from General Contractor and General Contractor's subcontractors, CLIENT agrees to Indemnify. defend and hold harmless ECS from any and all
claims brought by the General Contractor or General COntractor's subcontractors for any amounts ECS would nol nol owe were such a limitation of Itabll!ty In place. 23.6 IF CLIENT IS
A HOMEOWNER, HOMeOWNERS 􀀧􀁁􀁳􀁳􀁯􀁣􀁾􀁮􀁏􀁎􀀠•CONDOMINIUM OWNER. CONDOM1NIUM OWNER's MSOClAnON. OR SfMIt.AR RESIDENTiAL OWNER, ECS RE(:OMMENDS THAT LEGAl COUNSEl. Sf! RETAINED BY Cl.IENTsEFORE
ENTERING INTO nilS AGREEMENT TO EXPt.AJN CLIENT'S RIGHTS, AND THE UlUlATIONS, AND RESTRlcnoNs IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF Ct.1EHT TO RETAlN SUCH COUNSEL
SHALl. BE A KNOWiNG WANEA OF LEGAL COUNSELANO SHALL NOT BEAU.OWED ON GROUNDS OF AVOlrnNGANY PROVISION OFTHJS AGREEMENT. 23.1 If CLIENT is a residential builder or residential developer,
CLIENT shall indemnffy, defend and hold harmless ECS against any and all claims or demands due to injtlTy or loss Initiated by one or more homeowners, unltcwners, or their homeowners'
essooletlon. cooperative board, or similar entity against CLIENT which results In ECG being brought into the dispute. 24.0 CONSEQUENTIAL DAMAGES 24.1 CLIENT shall not be liable to ECS
and ECS shall not be be liable to CLIENT for any consequential damages Incurred by eIther due to the fault of the other, regardless of the neture 01 the fault, or wherever commmed by
the CLIENT or ECS, their employees, consullants. agents. oontractors or subcontractors, Of whether such liability arises in breach of contract or warranty, tort (Including negtlgence).
SlaMa, or any other cause of action. Consequential damages Include. but are not limited to, loss 01 usa and Joss ofprollL 24.2 ECS shall nm be liable to CLIENT, or any entity engaged
diref.:tly or indirectly by CUENT, for any liquidated damages due to any fault. or failure to at:f, in part or In total by ECS. its employees, agents. or subcontractors. 25.0: SOURCes
OF RECOVERY 25.1 AD claims for damages related to tbe ServiCes provided under thIs AGREEMENT shall be made agaInst the ECS enUty contracting with the CUENT for the Services, and no other
person or entlly. CLIENT agrees that 1t shall no! name any affiliated entity Including parent, peer, or subsidiary entity entity or any Individual officer, director, or employee of ECS,
unless sw;:h claims are based on acts Unrelated to the provision of Services under this AGREEMENT. 25.2 CLIENT agrees tha!lt will not seek Damages from any IndMduel associated with ECS
as an officer, princ!pal, partner, employee, or owner, from any and all claims or liability for Injury or toss that would require such lndlvidual to relinquIsh personal assets to satisfy
suCh claim. 26.0 THIRD PARTY CLA.MS EXCLUSION 26.1 ThIs AGREEMENT shall not create any lights or benefits to parties other than CLIENT and ECS. No third-party shall ha'lle the right
to rely on ECS' oplnlons rendered In connactlon with ECS' SeMc&S Without bcth CLIENT'S and ECg' written consent and the thlrdwparty's agreement to be bcund to the same Iem'l$ and concfltlons
contained In this AGREEMENT as Cl.1ENI, PAn'" 4nf fi 
and 􀁴􀁨􀁬􀁴􀁤􀁾􀁰􀁡􀁲􀁴􀁹􀀧􀁳􀀠 agreement that ECS' Scope of Services performed Is adequa1e. 27.0 01SP!.!TE RESOLUTION 21.1 All claims. disputes Of controversies rDisputes1 arislng
out of, or in relation to the Interpretation. application or enforcement of this AGREEMENT shall be decided as follows: 21.1.1 CLIENT and ECS agree to attend a 􀁤􀁩􀁳􀁰􀁵􀁾􀀠resolution
meeting within fourteen (14) days 01 identlflcation of a Dispute by either party, CLIENT aod EC$ agree to negotiate in good ralth \0 resolve the Dispute. 21.1.2 Should negotiation fail
to resolVe the dispute. CLIENT end ECS agree to medfate their dispute vla a mediator selected by efther party. and acceptable to both parties. 27.1.3 Should mediation fa!! to result
in resolution of the Dispute. CLIENT aod ECS agroo that Iillgation may be brought by elther party. 27.2 Should 􀁴􀁨􀁴􀁴􀁤􀁾􀁰􀁡􀁲􀁴􀁹􀀠 dispute resolution be requIred, through mediation
or liUgelion, the 􀁮􀁯􀁮􀁾􀁰􀁲􀁥􀁜􀁴􀁡􀁬􀀡􀀡􀁮􀁧􀀠party shall reimburse the prevailing party forthe prevalling party's documented lega! 􀁾􀁳􀀮􀀠In additlon to Whatever other Judgments
or settlement sums may be due. Such legal costs inclUde. but are not be limited to, reasonabte attorney's fees, court costs, forensic consultants and expert Witness fees, and other documented
expenses. 27.3 Where legal action is brought by either party to resolve a dispute, the claim shall be brought and tried in the judicial Jurisdiction of the ceunty In which ECS' otrtce
i.:Ontractlng with the ct.lENT Is located. CLIENT waives the right to remove any litigation action to any other Jurisdiction, unless mutually agreed to by both parties. 21 A Thls AGREEMENT
Including all matleJs mlated to periormanca and remediation shall be Jnterpreted lIGCon:ling to the substantive laws of the state OfVirglnla (but not inchlding its choice of law rules),
28.0 CURING A BREACH 28.1 A party that believes the other has matoriaIly breached th1s AGREEMENT shall Issue a written termlnation notice to the other. identifying the cause for termination
within five (5) bustlleSS days of Identifying such cause. Both parties shall then bargaIn promptly and In Sooo faith to (;tire such cause. If an acceptable cure can be achieved withIn
fourtoen (14) calendar days from the date of the tetmination notice, the partlas shall commit their understandings to writing and termination shall not occur. ' :2:8.2 either party may
waive any right proV£ded by this AGREEMENT In curing an actual or alleged breach; however, such waiver shall not affect future application of such prov!sion or any other provision. 29.0
IERMINATION 29.1 CLIENT or EcS may terminate this AGREEMENT for breach of thIs AGREEMENT, or for any other reasons which may arise. In Ihe event of termination, the party effecUng termination
shall so notify tho other party in writlng, and termination shall become effeet1ve fourteen (14) calendar days after rece1pt ofthe tenninalion nolJca. 29.2 Irrespective of which party
shall effect termination, or the causa therefore. ECS shall promptly render to CllENT a final Invoice and CLIENT shaII Immediately oompensate ECS for Serv'1Ce:S renderod and costs Incurred,
in accordance with ECS' prevailing Fee Schedule and expense reimbursement policy. Services shall Include those rendered up to the time of termInation, as well as those associated wtIh
tennlnatlon Itsetf. Including without limltalJon, demoblltzlng. rnot;Ilfylllg adledulas. and reasSigning personnel. 30,1) TIME BAR TO LEGAL ACTION 3().1 Unless prohibited by law. and
notwithstanding any statute thet may provide additional protection, CLIENT and ECS agreo Ihat elaims by either party ar'iSing out of this AGREEMENT or the Services provided hereunder
shall not be Initiated more than two (2) years from the time the party knew, or should have known, of Ihe condition gMng rise to lts claim, and shall under no circumstances be initiated
more than three (3) years 'rom the date of sUbstantial completion of ECS' Services, 31,0 ASSIGNMENT 31.1 Except lOr ServIces normally Of customarily subcontracted by Ecs rn the peri!)l1llance
of its Services including, but not Ilmited to surveyors, specialized consultants. dnlling and exoo.vating SUbcontractors, and test;ns laborntories, neither the CLIENT nor EelS may delegate,
assign. sublet or tnmsfer its dutias. responsibilities or interests in this AGREEMENT without the written consent of the other party. 3:2:.1) SEVERABILrrY 32.1 Any provision of this
AGREEMENT later held to violate a law. statute, or regUlation. shall be deemed void, and all remainIng provisions shall continue in full form and effect. CLIENT and ECS shall endeavor
to quicldy replace a voided provision with a valid SUbstitute thai: expresses the intent of. or at least addressG$, the issues covered by the original provision. 33.0 TITLES 33.1 The
tJ1les used In this AGREEMENT are for geMral re1erenee only and are not part of 1he AGREEMENT. 34.0 SURVIVAL 34.1 All obHgallons arising prior to the tormlnatlon ollh!s AGREEMENT and
all provisions of this AGREEMENT allocatlng responsibility or liability between the CUENT and ECS shan survive the substantial completion or Services and the termJnaUon of this AGREEMENT.
􀁾􀁯􀀠 ENnREAGREEMENT 35.1 This AGREEMENT including the Scope of Services and Professiona! Fees and aU exhiblts. appendixes, and other documents appended to It, constitute the entire
AGREEMENT between CLIENT and ECS. CLIENT acknowledges that all prior Understandings and negotlations are superseded by this AGREEMENT. CLIENT acknO\"Aedges acceptance of these terms
by subm!ttlng a CLIENT Work Authorization to ECS. 35.2 CUENT and ECS agree that subS&quent modificatlons to this AGREEMENT shall not be blndlng uniMs made in writing and signed by aulholized
representatlves of both partjes. 35.3 CLIENTS or ECS' unilateral modification of this AGREEMENT subsequent to ECS' initiation of Services fs expressly prohibited. Further more, all preprinted
Toom and Conditions on CUENT'S purchase order or Work Authorization, or other servIce aCknowledgement forms, are Inapplicable and superseded by this AGREEMENT. 35.4 If CLIENT fa!!s to
provide ECS wilh a signed copy of this AGREEMENT or a Work Authorization, by the act of authOrizing and accepting the services of ECS. CLIENT agrees to be fully bound by the terms of
this AGREEMENT as If slgned by CLIENT. < END OF TERMS AND CONDITIONS OF SERVICE> 
ExhibitB Surveying Services M:\lOllS\41308-Riclwtl llyn! North\CONTRACTlPavement Replacement eo.InlOt 06-22.QS.doc 
"ORI.S ENGINEERING, lNG, En'ineerin ,.SuI"I/e In ·.SUbsUrface U.tir 2616 Pickwick Lane, Plano, Texas 75093 Ph. 972-816-2626, Fax 972-758-1838 mori@nce-us.com Date: June 21,2005 Mr. Michael
A, Hutchison, P.E Project Manager HNTB Corporation 5910 W. Plano Parkway, Suite 200 Plano, Texas 75093 RE: Addison Airport -Miscellaneous Pavement Replacement Addison, Texas Surveying
Services Fee Proposal Dear Mike: i am very pleased to submit a fee proposal to provide Surveying services for the subject project as follows: A.SURVEY 1. FIELD: A topography survey of
the subject areas will be provided at 50' interval cross sections, including the finished floor elevations of all buildings at the door steps, when applicable. All the features within
the project area will be collected, including pavement, pavement marking, joints, fences, buildings, walls, trees, bushes, meters, valves, fire hydrants, manholes, inlets, poles, posts,
property corners, etc. All break lines including, retaining walls, curbs, edge of pavements, gravel lines, ditches with top, toe and centerlines, swales, etc. will be surveyed. Flow
lines of all manholes and inlets within the project limits will be measured. 2. SURVEY FILES: All above information will be used to prepare the survey files in Microstation format using
HNTB provided Seed File. The files will be an ASCII file with all points, a 3D file with all break lines, and a file with all points and point descriptions. All elements will be in 3D
format, all elements will be in separate levels, colors and style and Symbols will be shown for all features. Contours at one foot interval will be provided in a separate file. The previous
boundary survey will be utilized to show the Property lines, where survey area is close to the Boundary. FEES: RlCHARD BYRD.....................................................................$2,950
APRON ARES .........................................................................$2,250. HANGAR C ............................................................................ .....................
....................................................... $2,450 TW QUEBEC........................................................................... $2,250 TW UNIFORM..................................
..............................NO SURVEY T HANGARS ..................................................................NO SURVEY 
B.CONTROLS Construction Control points will be set before the construction starts. There will be 2-4 points set at locations where they will not be disturbed with construction activities,
depending on the survey area size. Coordinates and description of these points will be provided. FEES: RICHARD BYRD.....................................................................
$430 APRON ARES .........................................................................$350 HANGAR C ............................................................................$430
TW QUEBEC........................................................................... $350 TW UNIFORM........................'.................................................$490 T HANGARS
..................................................................NO SURVEY TOTAL 􀁾􀁔􀁉􀁍􀁁􀁔􀁅􀁄WE.................................................... 11950 All survey task will be
completed 3 weeks from the notice to proceed date. Please review this proposal and do not hesitate to contact me with any question. I am anxiously looking forward in working with you
toward a successful and complete project. Sincerely, Mori Akhavan, P.E. 
EXHIBIT ·C" ADOISON AIRPORT TAXIWAY/APRON PAVEMENT REPLACEMENT· TOTAL ALL PAVEMENT AREAS ESTIMATE OF MAN.fiOURS DESIGN· PAVING AND DRAINAGE Direct labor Cost: $ 28,055 Indirect Labor,
Overhead: $ 42,991 HNTB Engineering Sublot.,: $ 69,046 Profit $ 10,357 Out-of-Pocket Expense: $ 1,500 HNTB &bIOtal Fee, Basic Services: $ 60,9o:l Sub¢onsullant SeNices Geotoohl"llC81
Engineering {Engineering Consulting Services, Ltd,} R Exhibh 􀁁􀀺􀁲􀀻􀁾􀁾􀀠 Design Surveying (Mori's Engineering) • 􀁅􀁸􀁬􀁬􀁬􀁬􀁬􀁾􀀠s: 􀁾􀀱􀁩􀁾􀀠 Construction Control Survey (Mori's
Engineering) -Exhibit B: 􀁾􀁾􀀲􀁗􀁀􀀮􀀠 $ 28,590 TOTAL FEE FOR SERVICES: $ 
, PAVEMENT REPLACEMENT -TOTAL ALL PAVEMENT AREAS ESTIMATE OF MAN-HOURS TASK C1-PREPARE FINAL CONSTRUCTION DRAWINGS 
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS JOHN M.HIlL 214.61221'10 JHlLL@:COWLESTHOMPSOH.COMi January 24,2005 VIA HAND DELIVERY Ms. Cannen Moran City Secretary
Town ofAddison P.O. Box 9010 Addison, Texas 75001-9010 RE: Rickard Byrd Drive Dear Cannen: Enclosed please find for filing in the Town's files an original of the Mutual Release and Settlement
Agreement between the Town and Rebcon, lnc., which has been signed by the Town and Rebcon. Please let me know ifyou have any questions. 􀁶􀁥􀁲􀁹􀁾􀀠 􀁾􀁍􀁈􀁩􀁬􀁬􀀠 JMHIyjr Enclosure
cc: Mr. Mike Murphy (Enc.) Mr. Randy Moravec (Enc.) Mr. Mark Acevedo (Enc.) Mr. Jim Pierce (Enc.) Mr. Steve Chutchian (Enc.) Mr. Ken C. Dippel, w/firm Mr. Rick Barrett, w/firm 901 MAIN
STREET SOITE 4000 DALLAS, TEXAS 􀀱􀀵􀀲􀀰􀀲􀁾􀀳􀀷􀁱􀀳􀀠 D ALL A S T Y L E R TEL 214.&72..2000 FAX 2:14.0,72.2020 WWW.COWlESTHOMPSON.COM 
MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Settlement and Mutual Release Agreement (hereinafter referred to as "Settlement Agreement" or "Agreement") is made as of this 17th day of
January, 2005, by and between Rebcon, Inc. ("Rebcon") and the Town of Addison, Texas ("TOA"), sometimes collectively referred to hereinafter as the "Parties" or singularly, a "Party."
I. RECITALS 1.01 The Project There now exists a dispute between the Parties as to the quality of certain work performed by Rebcon on the Richard Byrd Drive Pavement Reconstruction Project
(the "Project"), performed under the contract entered into between the Parties on or about October 28, 2003. The work performed by Rebcon was performed at the direction and request of
the owner of the Project, TOA (the "Owner"). 1.02 Reasons for Settlement The Parties acknowledge that disputes exist between them as to the sufficiency and quality of the work performed
by Rebcon, as well as the obligation of TOA to make immediate payment to Rebcon. Each Party now desires to compromise and settle all claims and causes of action of any kind whatsoever
each has or may have against the other or arising out of the Project. It is agreed this Settlement Agreement represents a compromise of disputed claims and nothing in this Settlement
Agreement is to be construed as an admission of liability by either Party. The Parties to this Agreement desire to avoid the expense and uncertainty involved in litigating the disputed
claims and desire to enter into certain agreements which will compromise and settle the disputes and claims between the Parties on the terms set forth below. 1.03 Scope of Settlement.
The Parties desire to dispose of the entire controversy and dispute between them, including but not limited to all claims and causes of action of any kind that currently exist or that
may exist in the future which relate in any way to the Project as set forth above. The Parties recognize that there may be claims or injuries that are unknown to the Parties now, but
that may arise in in the future. Nevertheless, the Parties have negotiated this Agreement with full knowledge of the possibility of additional claims or injuries and, unless expressly
stated otherwise in this Agreement, the Parties intend this Agreement to be a full and final settlement, disposing of all such claims or injuries arising out of the controversy described
in Sections 1.01 and 1.02 ofthis Agreement, whether known or unknown. n. AGREEMENT In consideration of the recitals, terms, conditions and agreements stated in this Settlement Agreement,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 2.01 Payment. TOA agrees to pay Rebcon the sum of Twenty-Seven Thousand Four Hundred Sixty-Two
and 25/100's Dollars ($27,462.25) on or before January 19, 2005. MUTAL RELEASE AND SETTLEMENT AGREEMENT Page 1 of3 
2.02 Work and Warranty. Rebcon agrees to re-stripe the Project site as soon as the weather permits. Rebcon further agrees to and hereby does extend the existing warranty on the seal
coat, more specifically described in the contract between the Parties, through July 2005. 2.03 Release. (i) Except for the obligations and representations of Rebcon set forth in Section
2.02 of this Agreement, TOA generally releases and forever discharges Rebcon and Fidelity & Deposit Company of Maryland,and all of their past, present and future officers, directors, employees, agents, shareholders, heirs, successors, personal representatives, assigns, affiliates, partners, parent and
subsidiary companies, and attorneys, from any and all claims, demands and causes ofaction of whatever kind or character, known or unknown, past and future, arising out ofthe Project.
(ii) Except for the obligation and representation of TOA set forth in Section 2.01 of this Agreement, Rebcon generaliy releases'and forever discharges TOA, and all of their past, present
and future officers, directors, employees, agents, shareholders, heirs, successors, personal representatives, assigns, affiliates, partners, parent and subsidiary companies, and attorneys,
from any and all claims, demands and causes of action of whatever kind or character, known or unknown, past and future, arising out of the Project. ill, GENERAL PROVISIONS 3.01 Authoritv.
Each party to this Settlement Agreement warrants and represents it has the power and authority to enter into this Settlement Agreement and that this Settlement Agreement and all documents
delivered pursuant to this Settlement Agreement, to which it is a party, are valid, binding and enforceable upon it. 3.02 Successors in Interest. The Parties agree that this Agreement
shall be binding upon and inure to the benefit of the Parties themselves and their respective legal representatives, officers, directors, shareholders, constituent partners, employees,
servants, agents, affiliates, subsidiaries, predecessors, successors and assigns. , 3.03 No Oral Modifications. This Agreement may not be amended, altered, modified or changed in any
way except in writing signed by all the Parties to this Settlement Agreement. 3.04 No Strict Construction Against Author. This Agreement is the result of substantial negotiations between
the Parties and their counsel and has been prepared by the joint efforts of the respective attorneys for each of the Parties to it. Accordingly, the fuet that counsel for one party or
another may have drafted this Agreement or any portion ofit is immaterial, and this Agreement shall not be strictly construed against any Party. 3.05 Choiee ofLaw. This Settlement Agreement
is made and to be performed in Dallas County, Texas, and shall be construed in accordance with the laws of the State of Texas (without reference to its conflict of law provisions). Any
disputes arising out of this Agreement shall be adjudicated in Dallas County, Texas. MUTAL RELEASE AND SETTLEMENT AGREEMENT Page Zof3 
3.06 No Admission of Liability. The Parties agree that this Settlement Agreement is entered into for settlement purposes only in order to avoid further trouble, litigation and expense.
Neither of the Parties admit any liability to any other Party. But all Parties expressly deny any and all such liability and continue to maintain the correctness of their positions.
3.07 Severability. In the event that anyone or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity
shall not affect any other provision herein. 3.08 Representations Contractual. This Agreement and all representations in it are contractual and not a mere recital and shall continue
in full force and effect at all times hereafter. 3;'09 Representation of Comprehension of Agreement. Each parly to tIns Agreement expressly represents that it has carefully read this
Settlement Agreement, understands its contents and signs the Agreement on its own free act. 3.10 Counterparts. This Agreement may be executed in any number of counterparts, each of whlch
shall be deemed an original and will be effective when all of the Parties have affixed their signatures to the counterparts and they have been delivered, but all counterparts shall constitute
one in the same instrument. A fully executed Agreement may consist of several of duplicate originals, each containing the signature of less than all of the Parties hereto, so long as
each Party has signed one such duplicate original. 3.11 Further Instruments. The Parties to this Agreement each agree to execute such further instruments and documents as deemed necessary
to fully and completely effectuate the intent and purposes of this Agreement. 3.12 No Warranties or Representations. Neither Party to this Agreement has made any warranties or representations
to induce any other party to enter into this Agreement except to the extent, ifany, as may be expressly set forth in this Agreement. Signed effective as of the date first above written.
􀁏􀁎􀀧􀁉􀁎􀁃􀀧􀀠 TOWN OF ADDISON, TEXAS 􀁂􀁙􀀺􀀭􀀭􀀫􀁾􀁾􀀽􀀭􀀭􀁉􀁾􀀭􀀭􀀢􀀢􀀭􀀽􀀧􀀧􀀧􀀭􀀺􀀮􀀭􀂷􀁾__-􀁒􀁑􀀭􀀮􀁷􀁾 􀀧􀁾􀀬 PreSident Ron Whitehead, City Manager Date:_...:...1/-6-=2...=cJ-f-!....:.t?:...
.::-..):::...-____ Date: I -tl -E) £;___ MUTAL RELEASE AND SETTLEMENT AGREEMENT Page30f3 
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS JOHN M.HILL 214.612.2110 JHILl@COWLESTHOMPSON.COM January 19,2005 VIA HAND DELIVERY IYfr. Michael S. Nixon Griffith
& Nixon 5400 LBJ Freeway, Suite 1025 Dallas, Texas 75240 Re: Richard Byrd Drive Pavement Reconstruction Project Dear Mike: As we discussed, enclosed please find two (2) originals of
a Mutual Release and Settlement Agreement between the Town ofAddison, Texas and Rebcon, Inc. in connection with the referenced matter. Also, enclosed please find a check in the amount
of$27,462.25 payable to Rebcon, Inc. as set forth in Section 2.01 ofthe Agreement. As we also discussed, you have agreed that you will hold in escrow the enclosed check until such time
as your client, Rebcon, Inc., has executed the Settlement Agreement and a fully executed original has been returned to our office. Thank you for your cooperation. Please let me know
if you have any questions or comments. Very truly yours, 1MHIY.ir Enclosures cc: IYfr. Ron Whitehead, Town Manager IYfr. Mike Murphy, Director ofPublic Works IYfr. Ken Dippel, w/firm
IYfr. Rick Barrett, w/firm 901 MAIN STREEf SUITE 4000 DALLAS, TEXAS 752(l2<H9;? DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.CDWLESTHOMPSON.COM 
MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Settlement and Mutual Release Agreement (hereinafter referred to as "Settlement Agreement" or "Agreement") is made as of this 17th day of
January, 2005, by and between Rebcon, Inc. ("Rebcon") and the Town of Addison, Texas ("TOA"), sometimes collectively referred to hereinafter as the "Parties" or singularly, a "Party."
I. RECITALS 1.01 The Project. There now exists a dispute between the Parties as to the quality of certain work performed by Rebcon on the Richard Byrd Drive Pavement Reconstruction Project
(the "Project"), performed under the contract entered into between the Parties on or about October 28,2003. The work performed by Rebcon was performed at the direction and request of
the owner of the Project, TOA (the "Owner"). 1.02 Reasons for Settlement. The Parties acknowledge that disputes exist between them as to the sufficiency and quality of the work performed
by Rebcon, as well as the obligation of TOA to make immediate payment to Rebcon. Each Party now desires to compromise and settle all claims and causes of action ofany kind whatsoever
each has or may have against the other or arising out of the Project. It is agreed this Settlement Agreement represents a compromise of disputed claims and nothing in this Settlement
Agreement is to be construed as an admission of liability by either Party. The Parties to this Agreement desire to avoid the expense and uncertainty involved in litigating the disputed
claims and desire to enter into certain agreements which will compromise and settle the disputes and claims between the Parties on the terms set forth below. 1.03 Scope of Settlement.
The Parties desire to dispose of the entire controversy and dispute between them, including but not limited to all claims and causes of action of any kind that currently exist or that
may exist in the future which relate in any way to the Project as set forth above. The Parties recognize that there may be claims or injuries that are unknown to the Parties now, but
that may arise in in the future. Nevertheless, the Parties have negotiated this Agreement with full· knowledge of the possibility of additional claims or injuries and, unless expressly
stated otherwise in this Agreement, the Parties intend this Agreement to be a full and final settlement, disposing of all such claims or injuries arising out of the controversy described
in Sections 1.01 and 1.02 of this Agreement, whether known or unknown. n. AGREEMENT In consideration of the recitals, terms, conditions and agreements stated in this Settlement Agreement,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 2.01 Payment. TOA agrees to pay Rebcon the sum of Twenty-Seven Thousand Four Hundred Sixty-Two
and 25/1 OO's Dollars ($27,462.25) on or before January 19, 2005. MUTAL RELEASE AND SETTLEMENT AGREEMENT Page 1013 
2.02 Work and Warranty. Rebcon agrees to re-stripe the Project site as soon as the weather pennits. Rebcon further agrees to and hereby does extend the existing warranty on the seal
coat, more specifically described in the contract between the Parties, through July 2005. 2.03 Release. (i) Except for the obligations and representations of Rebcon set forth in Section
2.02 of this Agreement, TOA generally releases and forever discharges Rebcon and Fidelity & Deposit Company of Maryland, and all of their past, present and future officers, directors,
employees, agents, shareholders, heirs, successors, personal representatives, assigns, affiliates, partners, parent and subsidiary companies, and attorneys, from any and all claims,
demands and causes ofaction ofwhatever kind or character, known or unknown, past and future, arising out of the Proj ect. (ii) Except for the obligation and representation ofTO A set
forth in Section 2.01 of this Agreement, Rebcon generally releases and forever discharges TOA, and all oftheir past, present and future officers, directors, employees, agents, shareholders,
heirs, successors, personal representatives, assigns, affiliates, partners, parent and subsidiary companies, and attorneys, from any and all claims, demands and causes of action of whatever
kind or character, known or unknown, past and future, arising out ofthe Proj ect. Ill, GENERAL PROVISIONS 3.01 Authoritv. Each party to this Settlement Agreement warrants and represents
it has the power and authority to enter into this Settlement Agreement and that this Settlement Agreement and all documents delivered pursuant to this Settlement Agreement, to which
it is a party, are valid, binding and enforceable upon it. 3.02 Successors in Interest. The Parties agree that this Agreement shall be binding upon and inure to the benefit of the Parties
themselves and their respective legal representatives, officers, directors, shareholders, constituent partners, employees, servants, agents, affiliates, subsidiaries, predecessors, successors
and assigns. 3.03 No Oral Modifications. This Agreement may not be amended, altered, modified or changed in any way except in writing signed by all the Parties to this Settlement Agreement.
3.04 No Strict Construction Against Author. This Agreement is the result of substantial negotiations between the Parties and their counsel and has been prepared by the joint efforts
of the respective attorneys for each of the Parties to it. Accordingly, the fact that counsel for one party or another may have drafted this Agreement or any portion of it is immaterial,
and this Agreement shall not be strictly construed against any Party. 3.05 Choice of Law. This Settlement Agreement is made and to be performed in Dallas County, Texas, and shall be
construed in accordance with the laws of the State of Texas (without reference to its conflict of law provisions). Any disputes arising out of this Agreement shall be adjudicated in
Dallas County, Texas. MUTAL RELEASE AND SETTLEMENT AGREEMENT Page 2 of3 
3.06 No Admission of Liability. The Parties agree that this Settlement Agreement is entered into for settlement purposes only in order to avoid further trouble, litigation and expense.
Neither of the Parties admit any liability to any other Party. But all Parties expressly deny any and all such liability and continue to maintain the correctness oftheir positions. 3.07
Severability. In the event that anyone or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity
shall not affect any other provision herein. 3.08 Representations Contractnal. This Agreement and all representations in it are contractual and not a mere recital and shall continue
in full force and effect at all times hereafter. 3.09 Representation ofComprehension ofAgreement. Each party to this Agreement expressly represents that it has carefully read this Settlement
Agreement, understands its contents and signs the Agreement on its own free act. 3.10 Counternarts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and will be effective when all of the Parties have affixed their signatures to the counterparts and they have been delivered, but all counterparts shall constitute
one in the same instrument. A fully executed Agreement may consist of several of duplicate originals, each containing the signature of less than all of the Parties hereto, so long as
each Party has signed one such duplicate original. 3.11 Further Instruments. The Parties to this Agreement each agree to execute such further instruments and documents as deemed necessary
to fully and completely effectuate the intent and purposes ofthis Agreement. 3.12 No Warranties or Representations. Neither Party to this Agreement has made any warranties or representations
to induce any other party to enter into this Agreement except to the extent, if any, as may be expressly set forth in this Agreement. Signed effective as ofthe date first above written.
REBCON, INC. TOWN OF ADDISON, TEXAS By:_---,--__ Rick Burgett, President 􀁒􀀬􀀬􀀭􀀭􀁷􀁾􀀠 Ron vlIlitehead, City Manager Date:_______ Date: I -I-. -t) S; MUTAL RELEASE AND SETTLEMENT
AGREEMENT Page 30f3 
005377 ADDISON AIllPORT WASHlNGTON STAUlIACR JT. VENTURE· ADDISON AmroRT O!'ERA11NG ACCOUNf No. DATE INVOICE NUMBER DESCRIPTION BALANCE 12-31-04 RI JOB #0316 3RD AND FINAL PAYMENT 27462.25
1-18-05 5377 REBeol 27462.25 ADDISON AIllPORT WASHlNGTON STAUlIACH JT. VENTURE· ADDISON AmroRT 0!'ERA11NG ACCOUNf AAMr£() IN U.s.A. 
From '''e desk of: Mike Murphy Director· Public Works p.o. Box 9010 (972)450-2878 Addison. TX 75001-9010 Fax (972) 450-2837 e-mail: mmurphy@cLaddison.tx.lIS Date: ______ 
PUBLIC WORKS DEPARTMENT (972) 450·2871 .'AX (972)450·2837 􀀦􀁾􀁾􀁾􀁾􀀺􀁡􀁾􀁾􀀻􀀻􀁤􀀬􀀻􀀻􀀺􀁊 ® Post OCfiee Box 9010 Addison, Texas 75001-1)010 16801 Westgrove FAX CDV6'RSH66T TO: Mario
􀁆􀁡􀁾􀀠f}72) 450-7043 FROM: Milee MUrphy, Director tJ(Publk worle!;/AddisoVlFa.x # {J72) +so·2&'37 of(# 1972 ) +SO-2f17&' DATEi:..JaVl-uary7:-200S (YUlJUber tJ(pages --+) ArrlAcit1eoi
£5 IA CO-PtJ of the Agell\,oilA IteVl-t, whLch rece£veoi COL-CJA,Ci.lIAFprovIAL 011\, JlAlI\,ulArtj 1.3, 2004 IAlI\,oi coptj of DeceVl-tber 2004 MkhlAeL Ntxoll\, Letter. ALso, -plAtJ
reqL-Cest nlAs ClLreClo(tj beell\, sell\,t over to USIA PtjLe's offwe IAlI\,oi Vl-tlAtJ itlClve IALrelAottJ beell\, processecL ClALL w£th IAlI\,tJ qL-CesHoJA,S. 
" DATE SUBMITIED; January 6, 2004 FOR COUNCllMEEnNG; January 13, 2004 Council Agenda Item: __ SUMMARY: This item is for final payment and acceptance ofimprovements performed by Rebcon,
Inc. for the Richard Byrd Drive Pavement Reconstruction Project. FINANCIAL IMPACT: Budgeted Amount: $400,750 Construction Cost: $229,622.47 Funding Source: 2004 Addison Airport Operating
Budget BACKGROUND: Washington-Staubach determined that the pavement on Richard Byrd Drive was severely deteriorated and in need ofimmediate reconstruction. There were several large failures
in the pavement that were being temporarily covered by metal plates for access and safety. The firm ofHNTB Corporation prepared engineering plans and specifications for construction
ofthese improvements. The project was programmed by the Addison Airport and will be funded from the operating fund account. A contract was awarded to Rebcon, Inc. for construction ofthis
project. The original contract price for these improvements was $222,740.50. The final construction cost ofthis project is $224,622.47, which represents a $1,881.97 increase from the
original contract amount. The final construction cost was the result ofunscheduled increases in certain quantities, including additional 3" Cement Treated Base material, in the amount
of$1,688.00, and other miscellaneous quantity increases. In addition, this project included an incentive/disincentive provision; whereby, the contractor would be awarded $250.00 per
day for early completion ofthe project, to a maximum award of$5,OOO.00. The Town acknowledged the successful completion ofthe construction improvements twenty (20) calendar days prior
to the established sixty (60) day period set forth in the contract. Consequently, the total value ofthis project is increased by $5,000.00 (20 days x $250.00/day) to $229,622.47, which
reflects the addition ofthe inceotive payment to the final construction cost. The contractor has submitted his Affidavit ofBills Paid, Consent ofSurety Company to Final Payment, and
One-Year Maintenance Bond. RECOMMENDATION: Staff recommends that Council authorize final payment of$27,462.25 to Rebcon, Inc., and accept construction ofthe Richard Byrd Drive Pavement
Reconstruction Project. 
$229,622.47 0.00 $229,622.47 $0.00 Contractor. Rebcon, Inc. 1868 W. Northwest Hwy. Dallas, TX 75220 Approved: ______________ David Wilde, Town of Addison Approved: ______________ Steve
Chutchian, Town of Addison Pay Estimate No.: 3 & Final Project Name: Richard Byrd Drive Pavement Reconstruction Addison Airport -Addison, Texas Estimate Period: 12-20-03 to 1-1-04 Work
Completed to Date: Less:O% Relainage: Less Previous Payments: Less Previous Billings: T olal Due This Estimate: Da!a: ________---------Date: _____________ Page 1 
• GRIFFITH & N!XDN 972 386 8985 P .02/02 GRIFFITH & NIXON A 􀁐􀁬􀁑􀁲􀁾􀁬􀁯􀁮􀁡􀀱􀀠CorpordltQn ATTORNEYS & COUNSELORS One Uncoln Centre Telephone: 972.386.8988 5400 LSJ Freeway. Suite
1025 Dallas, Texas 75240 Facsimile' 972.386.8985 www.grlfllthnlXon.com December 22. 2004 :VIA FACSIMILE (214) 672-2020 Mr. Richard 8arrett-Curtara Cowles & Thompson 901 Main Street..
suite 4000 Dallas, Texa$ 75202..s793 re: Richard Byrd Drive pavement reconstruction Dear Rick: In furtherance of our telephone conversation on Friday, December 17, 2004, this letter
shall conflrm that the Town of Addison ("TON) has agreed to release Rebcon, Inc.'s ("Rebcon") final peyment on the above-referenoed project subject to the /bltowing condItiOns: ." p.{2-J'/"4•
Rebcon shall agree to re--stripethe site; and _ c.-o A pte P .s2-C• Rebcon shall agree to extend the existing warranty on the seal coat through July 2005, , have spoken with my client
regarding your offer and Rebcon has BUthOriZed me to accept the same. Weather permitting. Rebcon has advised me that It will make arrangements to immediately perform the wor1< in question.
It is my understanding the remaining contract pro();!eds will be released on or before JSf'luary 14. 2005. Please advise me as to whether you wish to have our clients execute a formal
settlement agreement. Rick, I appreciate your assistance in resolving this matter and hope you and your family have a happy holiday. MSN/cb cc: Rick Burgett TOTAL P.02 
Dec 22 􀁏􀁾􀀠 12:13p G"if'f'ith Nixon 9727749401 p.2 􀁑􀁅􀁃􀀭􀀲􀀲􀀭􀀻􀁾􀁏􀁄􀀴􀀠 WEll 10: 30 AM REBCON. INC. FAX NO. 972 444 8234 P. 02 Contractor. R.been. m<;. 1868 W. Northwest Hwt.
Dallas. TX 75220 Pay Estimate No.: 3& Final Proj<>Ot Name: RiChard Byrd Drive Pllllemont Reoonslruetion Addison Airport -Addison. Texas 􀁾􀁡􀁴􀁥 PB!lod::12-2().Q31o '·1.04 " , APPro'led:
__---',o:...J.4..:-___,,--__ Da:vIdWilde. Town ofAdcison SIeVe ChlllChiao, Town 01 Addison Work 􀁃􀁯􀁭􀁾 10 Date: $229.522.47 Less 􀁾 Riltainase: 0.00 $229,622.47 L.-P"","ous Payments:
$0.00 Les$ f'roMous Biiings: $202.161),22 Total:OUe This Estimate: $27,452.25 􀁄􀁡􀁬􀁥􀀺􀁟􀀭􀀧􀁤􀁾􀁩􀀮􀁊􀀧􀁟􀁟__ , . 
p.l Dec i!i! 04 12:13p GriFFith Nixon 9727749401 GRIFFITH &NIXON A Fro1'essioaal CoIporation ATI'ORNEYS & COUNSIlLORS One Lincoln Centre Telephone: (972) 386-8988 "'Oil LBS F"""""Y,
Suite 1025 Facsimile: (9n) 386-8985 Dallas, Texas 75240 www.griffillmilroD.COIIJ. FACSIMILE No ofPages with Cover Sheet: 2 Da'e: Wednesday, December 22, 2004 To Richard Bmett-Cuetara
Conpany: Cowles & Thompson Fa:: No: (214) 672-2020 Ph me No.: (214) 672-2000 Frum: Michael S. NIXon ClI4: RebconlGeneral SeltBy: Cbassity Maxey Cummea.ts: PI 􀁾􀁥 see the attached final
pay application received from Rebeon, IfYolI Do Not Receive AU Pages, Please CaJI (972) 386-8988. CQNfIQIlNIlALlTY NQJJGE T Ie information """mined in Ibis facsirru1. message is privileged
and confidential and is inll:nded to be used and read only by the ..._.. If !he reader of this message is nollb. addressee, or Ibe pe!l101I responsible for delivery 10 lb. add!essee,
YO. are h,.-d>y notified Ibal ""y disseminalioo. distribllliOD or copying of lb. 􀁾is strictly prohibited. If you haw received this "essqe in error. please notiIY us immediately by IClephone
and retum Ihe ongin.al message to uUllbe add_ shown above via 
, GRIFFITH & NIXON 972 396 8985 p . e1 /02 GRIFFITH & NIXON A pror...ion.al ColpOl"Olion . ATI'Ol<NflYS & CQUNSIlLORS One LincoLo Centte Telepho"e: (972) 386-89&8 540G LBJ FreewAY, Suite
1(125 l'....imilo: (972) 386-8983 Dallas, Tt:XM 75240 www.sr.f!!thnlx<>n...... FACSIMILE No. ofPages willi Cover Sheet: 2 Data: Wednesday, December 22,2004 To: Richard Bmett-Curtara
Company: Cowles & Thompson FuNo; (214) 672-2020 Phone No.: (214) 612·2000 From: Michael S. Nixon CIM: R\lbconfGeneral Sent By. Chassity Maxey • Comments: Please $<::e the I.bllowing
letter oftoday's date. IfYou Do Not Rueive All Pages, Please clin (972) 386-8988. C9NFIDENTlALltr NOTICIC The information cont<tined in thl$ 6t.csimlla 􀁲􀁴􀁵􀀺􀀻􀀺􀁳􀁳􀁡􀁾􀁥􀀠is priVlleged
and 􀁃􀁏􀁄􀁦􀁩􀁤􀁥􀁬􀀧􀀮􀁬􀁴􀁪􀁾􀁬􀀠and is 􀁪􀁬􀁬􀁩􀁥􀁮􀁾 to be u&ed Uld relid ¢n!y by the 􀁣􀁤􀁾􀁲􀁣􀁓􀀳􀁥􀁥􀀮􀀠 Jf the: reader of thl$ message As not the addressee, or the pmon responsible
(Qr dr:u'VV!Y to the addressee, you 3.f1! hmb;f notlf1ed tbnt ani dissemination, dim"bution or copy,ing of fhe messa,ge 16 strictly probibited If you have received tbis message in CtTor,
please nodfy w: Unt:nedi:uely by telepbone' ana. rerum the (mglnal message to us at the address shown above via the U.S. Postal 50",100. Thank you. 
OEC-22-2004 09'01 GRIFFITH &NIXON 972 386 99BS P. 02/02 GRIFFITH & NIXON A 􀁐􀁲􀁯􀁲􀁾􀁓􀀡􀁯􀁮􀁡􀀱􀀠Corp()rmJon ATTORNEYS & COUNSELORS One Uncoln Centra Telephone; 972.386.8988 5400 LBJ
Freeway. Suite 1025 Facslmlle: 972.386.8985 Dallas, Texas 75240 www.grifflthnlxon.com December 22. 2004 VIA FACSIMILE (214)672-2020 Mr. Richard Barrett-Curtara COwles & Thompson 901
Main Street, suite 4000 Dallas. Texas 75202-3793 re: Richard Byrd Drive pavement reconstruction Dear Rick: In furtherance of our telephone conversation on Friday, December 17, 2004,
this letter shall confirm that the Town of Addison ("TON) has agreed to release Rebcon. Inc:s ("Rebcon") final payment on the above-referenced project subject to the following conditions:
• Rebcon shall agree to re-stripe the site; and • Rebcon Shall agree to extend the existing warranty on the seal coat through July 2005. I have spoken wtth my client regarding your offer
and Rebcon has authorized me to accept the same. Weather permitting. Rebcon has advised me that il il wAI make arrangements to immediately perform the work in question. It is my understanding
the remaining contract proceeds will be released on or before January 14. 2005. Please advise me as to whether you wish to have our crients execute a formal settlement agreement. Rick.
I appreclate your assistance in resolving this matter and hope you and your family have a happy holiday • .....'1rtr YUlyyours, -, 􀁙􀁕􀁾􀁓􀁶 􀁲􀁖􀁉􀁖􀁾􀁗􀀭􀀮􀀭􀀭 Michael S. Nixon MSNfcb
cc: Rick Burgett TOTAL P.02 
• DEC-22-2004 09:01 GRlFFITH 2. NIXON 972 386 8985 P.91/02 • GRIFFITH & NIXON: A Prof_ional ColpOmtion ATI"OI!l'lHYS & COVNSlilLORS Ollil Lincoln Centre Telephone: (972) 386-8988 S40t)
􀁌􀁂􀁬􀁬􀀧􀁾􀁡􀁹􀀬 Suite 1t)25 Facsi:rai1.: (972) 3&6-8985 Dalla., T""... 75240 www.grlm1ludxon.oo,"" . '. FACSIMILE No, ofPages with Cover Sheet; 2 Date: Wednesday, December 22, 2004
To: Richard Bll11'ett-CUrtara Company: Cowles &; Thompson FuNo: (214) 672-2020 Phone No.: (214) 672-2000 From: Michael S, Nixon OM: RebconlGeners1 Sent By: ChllSSity Maxey Comments:
Please see the following letter oftodays date. If You Do Not Reeeive AIl Pages, Please Call (972) 386-8988. CONFIDENTIALITY NOTICE The information contained in thit 􀁾􀁦􀁪􀁩􀁭􀁬􀁊􀀶􀀠mc::s."UIge
is ptivilqed and eontideDti;j;1 and is jDknd¢cJ to be used and 􀁾 only by the addressee. If the reader of thJ$ 11lC$SB.ge: ,. not the addr.essce, or the pmon re.GpollsibJe for dolivery
to the addn:sst!e, you are hmby notified thn.t an)" di!SSemination. distribution or copying copying of the me5S:,.gO i6 strictly prohibited. Jryol.l have receivl!d this message in CiTtI!,.
please notify US irnmed!.ately bytek!phoDe and return the original message to u.s at the address shown above via the U.S. Pestill 􀁾􀁥􀁲􀁶􀁩􀁣􀁣􀀮􀀠 Thank you. 
I DEC-22-2004 09'01 GRIFFITH S. NIXON 􀁾􀀲􀀠386 6985 P. 02/02 GRIFFITH & NIXON A 􀁐􀁲􀁏􀁲􀁾􀁳􀁬􀁯􀁮􀁡􀀡􀀠CorpormiQO ATTORNEYS & COUNSELORS One Uncoln Centre Telaphone: 972.386.8988 5400
L6J Freeway. Suite 1025 Facslmile' 972.386.8985 Dallas. Texas 75240 WV/W,griffirontxon.com December 22. 2004 VIA FACSIMILE (214) 672-2020 Mr. Richard 8arreU-Curtara Cowles & Thompson
901 Main Street, suite 4000 Dallas. Texas 75202-3793 re: Richard Byrd Drive pavement reconstruction Dear Rlek: In furtherance of our telephone conversation on Friday. December 17. 2004,
this Jetter shall confirm that the Town of Addison ("TOA") has agreed to release Rebcon. Inc.'s ("Rebeon') final payment on the above-referenced project subject to the following conditions:
• Rebcon shall agree to re-strlpe the site: and • Rebcon shall agree to extend the existing warranty on the seal coat through July 2005. I have spoken wlth my dient regarding your offer
and Rabcon hCls authorized me 10 accept the seme. Weather permitting. Rebcon has advised me me that it will make arrangements to immediately perform the work in question. It is my understanding
the remaining contract proceeds will b6 released on or before January 14. 2005. Please advise me as to whether you wish to have our clients execute iii formal settlement agreement. Rick,
I appreciate your IIssistance in resolving this matter and hope you and your family have a happy holiday. MSNfcb cc: Rick Burgett TOTRL P.B2 
Dec 22 04 12:13p Gr-iffi1;h Nixon 9727749401 p.l GRIFFI1lI & NIXON A Professiol18l CorponIuon ATIORNBYS &. COUNSELORS One Lincoln Centre S40HLBJ F=_y, Su.iIc 1025 Dallas. Tow 75240 Telepholle:
(972) 386-8988 FacsUnUe: (972)3&6-8985 www.griffillmixon.......l. FACSIMILE No ofPages with Cover Sheet: 2 ]}.re: Wednesday, December 22, 2004 To Richard Barrett-Cuetara Conpany: Fa::
No: Ph)neNo.: From: Cowles &. Thompson (214)672-2020 (214) 672-2000 Michael S. Nixon Cl.V1: RebconlGenetal Se:ltBy: Chassity Maxey CommeDtli: PI:ase see the attached final pay application
received from Rebcon. IfYoD Do Not Receive AU Pages, Please CaB (97Z) 386-8988. CONfI!?ENTIAUTY NOTICE T te iolimnation _taiRed in Ibis facsimile message is pl'ivl1ege<! and eonfidonlial
and is intellded to be US<d and teI1d only by the ...dressee. If the reader of this message i. not Ibe addressee, or the pernon ""'P"Dsib!. lilr delivery to Ibe addrossee, you are h,1Ilby
notilled that any dissemination. dMribution or copying of Ibe 􀁾i. smelly prohibited. If you have reeli...! this ".,...,.., in etror. please ftOIify us immediately by !elephone and retum
the<ll1ginal message to us atlhe address shown above via 
GRIFFllli 8. NIlD< 'i172 386 􀁾􀀠p .91/02 DSC-22-2004 09'91 ( • OlUFFflH & NIXON: . 􀁁􀁾􀁉􀁃􀁯􀁬􀁰􀁡􀁭􀀡􀁩􀀰􀀱􀁜􀀠. ATTOftlIIlIY'S &; CO\JNSI!I.ORS One Lillcoin Cm>lre TeIqbQ<u:: (!n2)
386-8988 5400 LB1 Freeway, SIIiII> 10%5 F...umJe: (912) 386-8985 Dal.... T"".. 75240 www.jrlft.ltImixon.com . FACSIMILE No. ofPages with CoverSheet: 2 Date.: Wednesday, D-mcr 22, 2004
To: Ric!ulrd BmreU..cw:tara Company: Cowles& Thompson Fax No: (214) 672-2Q20 PhOllcNo.: (214) 672-2000 From: Michael S. N"lXon CIM: RebconlGeneral Sentlly: Chassity 􀁾􀁥􀁹􀀠 Commeow Please sec the followiD& leiter oftoday's date.

'. GRIFFI1H 3. HIXI::N 972 386 8'38S P. B2/02 J GRIFFITH & NIXON A Prore"l,;,lonal Corparal'On ATTORNEYS & COUNS!!LORS One Unco\n Centre Telephone: 972.386.8988 5400 l.BJ Fraeway. SuitE
1025 Faeslrn.ile: 912.386.8985 Dallas, Texas 75240 www.griI!lthnlxon.com December 22, 2004 VIA FACSIMILE (214) 672-2020 Mr. Richard Barrett-curtara Cowles & Thompson 901 Main Street.
8Uite 4000 Dallas, Texas 75202-3793 re: Richard Byrd Drive pavement reconstruction OearRlck: In furtherance of our telephone conversation em Fl'i<lay, December 17, 2004. this letter
shall conffrm 1hat the Town of Addison ("TON) has agreed to release Rebc:on. Inc.'s ("Rebcon") final payment on the above-referenced project subject to the following conditions: • Rebcon
shall agree to re-stripe the site; and • Rebcon shall agree to extend the existing warranty on the Seal coat through July 2005, J have spoken with my client regarding your offer and
Rebc:on has authorized me to aceept the same. Weather permitting. Rebcon has advised me that it will make arrangements to Immediately perform the work in que$\ion. It is my understanding
the remaining contract proceeds will be released on or before January 14. 2005. Please advise me as to whether you wish to have our clients execute a formal settlement agreement. Rick.
I appreciate your assistance In resolving this matter and hope you and your famUy have a happy holiday. MSNlcb cc: Rick Burgett TOTAL P.B2 
GRIFFITH 8. NIXON <:ff2 386 89B5 P. 01?'02 GRIFFITH & NIXON A PmbriOWli CoIpomIion ATTOIOOIYS &; CoUNSELORS Ooe I.bIeoln c..ure Telepho= (972) 􀀺􀀻􀀸􀀶􀀭􀀸􀁾􀀸􀀸􀀠 5400 LBl Freeway.
Suit<: 1025 FaesimUe: (972) 386-&985 DaIlalI, T<:xlI$ 7S240 www.grift1tIIIIIlrocom ' " FACSIMILE No. ofPages with CoverSheet: 2 Date: Wednesday. December 22, 2004 To: Richard BarroIt-Cw:tara
Complil.!l)r. Cowles &; Thompson FaxNQ: (214) 672-2020 Phone No.: (214) 612-2000 From: Michael S. WIXon elM: Re'bconiGene.tal Sent By: ChllSSity Maxey Comments: Please toe the foJ1Qwing
letter oftoday's dlrte. IfYou Do Not R.eee.lve AIl Pages, Please Can (972) 386-8988. OONFIDENTIAJ,rry NQIlCII 'Tho intormalion _taiMd in dtlI faooimll."",,""1" 􀀽􀁾􀁡􀁮􀀴 coofldenliallild
is Intended to be IIIJI!d IIId read <lilly by th. addrcs:Iee. If the _ of dtlI messIIp II nO/th. .... !he _ reopon.ibl. Cor dc6wr;y to lb. -...., you "'" hcn:by nodlicd 1haI: Illy diss1:mill.li....
diItrIInItIOD or copyiDl of !lie 􀁾􀀮 is >friolly "",bibiled Ifyoy h ... "",iii"" this __ill moT. pIeasIO nodl'y II! immediately bytolqmon8 an4 -.lb. originJd 􀁾to ... at lb. address
shown lIbov. vi. the U.S, l'o.-1aI SoM"", ThBl!k)'OU. 
DATE SUBMITTED: January 6,2004 FOR COUNCIL MEETING: January 13, 2004 Council Agenda Item: __ SUMMARY: This item is for final payment and acceptance of improvements performed by Rebcon,
Inc. for the Richard Byrd Drive Pavement Reconstruction Project. FINANCIAL IMPACT: Budgeted Amount: $400,750 Construction Cost: $229,622.47 Funding Source: 2004 Addison Airport Operating
Budget BACKGROUND: Washington-Staubach determined that the pavement on Richard Byrd Drive was severely deteriorated and in need ofimmediate reconstruction. There were several large failures
in the pavement that were being temporarily covered by metal plates for access and safety. The firm ofHNTB Corporation prepared engineering plans and specifications for construction
ofthese improvements. The project was programmed by the Addison Airport and will be funded from the operating fund account. A contract was awarded to Rebcon, Inc. for construction ofthis
project. The original contract price for these improvements was $222,740.50. The final construction cost ofthis project is $224,622.47, which represents a $1,881.97 increase from the
original contract amount. The final construction cost was the result ofunscheduled increases in certain quantities, including additional 3" Cement Treated Base material, in the amount
oUl,688.00, and other miscellaneous quantity increases. In addition, this project included an incentive/disincentive provision; whereby, the contractor would be awarded $250.00 per day
fur early completion ofthe project, to a maximum award oU5,000.00. The Town acknowledged the successful completion ofthe construction improvements twenty (20) calendar days prior to
the established sixty (60) day period set forth in the contract. Consequently, the total value ofthis project is increased by $5,000.00 (20 days x $250.00/day) to $229,622.47, which
reflects the addition ofthe incentive payment to the final construction cost. The contractor has submitted his Affidavit ofBills Paid, Consent ofSurety Company to Final Payment, and
One-Year Maintenance Bond. RECOMMENDATION: Staff recommends that Council authorize final payment oU27,462.25 to Rebcon, Inc., and accept construction ofthe Richard Byrd Drive Pavement
Reconstruction Project. 
Contractor: Pay Estimate No.: 3 & Final Rebcon, Inc. Project Name: Richard Byrd Drive Pavement Reconstruction 1866 W. Northwest Hwy. Addison Airport -Addison, Texas Dallas, TX 75220
Estimate Pertod: 12-20-03 to 1-1-04 RIJob#0316 Work Com pleted to Date: $229,622.47 less il% Retainage: 0.00 ITEM ' ••UN 101 r 102 i aofTraflic 10: UncI. Pvml 10, S' Lim.: 10i I Lime
• 106 I Base 107 3'1 􀁭􀀮􀀱􀀵􀁾􀀠 6'SoIY.I 6' 1 I Y.l Strioe 111 ISiit Fence 112 ISW3P -Inlet 1 I Bonus a 7451 $8.00 􀁾􀀵􀀠 T N 1223.91 1: 11 $52.00 '0 ( 1117.7 $1.50 075 lF 11Q!!..
0 $2.50 65 LF 􀀶􀁾􀀠 0 e $3.00 1120 lF 1(;& 1(50 $2.00 1 EA $200.00 20 DAY o 20 $250.00 $5.( $C.OO ,0.00 􀀧􀀱􀀱􀁾􀀠 i77.40 i1. i2, . $19. $2,1 '0.00 ;0.00 iO.OO $229,622.47 less 'Previous
Payments: $0.00 less Previous Billings: Total Due This Estimate: Approved: _________________________ Date: ________________ David Wilde, Town of Addison Approved: ________________________
Date: 􀀭􀀭􀁾􀀭􀀭􀀭􀀭 Steve Chutchian, Town of Addison Page 1 
RicbaI:d Byrd T -hangar pavement Page 1 of2 Jim Pierce From: Jim Pierce Sent: Monday, December 13, 2004 3:25 PM To: Steve Chutchian Cc: Mike Murphy Subject: FW: Richard Byrd T -hangar
pavement Leis discuss Jim Pierce, P.E. Assistant Public Works Director P.O. Box 9010 Addison, TX 75001-9010 972-450-2879 --Original Message--From: Mark Acevedo Sent: Monday, December
13, 2004 2:32 PM To: Chris Terry; Jim Pierce Subject: FW: Richard Byrd T·hangar pavement ChriS & Jim: fyi I concur with Lisa's recommendation. Mark --Original Message----From: Mark Acevedo
Sent: Monday, December 13, 2004 1:58 PM To: 'Pyles, Usa' Subject: RE: Richard Byrd T -hangar pavement Good. Thanks! Mark ·····Original Message--From: Pyles, Usa [mailto:Usa.PyIes@wgint.com]
Sent: Monday, December 13, 20041:55 PM To: Ron Whitehead te: Mark Acevedo; Elguezabal, luis Subject: Richard Byrd T -hangar pavement Ron: As you requested, lou and I talked about the
Richard Byrd pavement project that we toured last Tuesday. It is our recommendation that we pay the contractor the remaining retainer and carefully monitor the area as we go through
a full year of changing seasons to see hoW it acts. This recommendation is based on the following: The initial problem was created when the asphalt was allegedly laid at a time when
the temperature was 1211312004 
Richard Byrd T-hangar pavement Page 2 of2 bordering on being too cold. The engineers log book should be infonnative as to the conditions at the time. If it was a problem it should have
been pointed oullo the contractor at that time. Not that this absolves him of any responsibility, just that it could have kept it from growing into a bigger problem. When the seams started
to ravel, the contractor cooperated with us on detennining a solution and we agreed to what they suggested. The contractor then did, at their cost, what we agreed would work. There are,
of course, other problems but it does not seem fair to hold the contractor responsible when they did what we agreed would be the solution. If the method was only a guess and we were
not sure it would work, then we should have made that clear and made arrangements as to how to handle the problem if it did not work. Given that, to be fair to the contractor, we believe
it is best to pay him what he is owed and then walch the area to see what happens as the weather changes and it has an opportunily to settle. I reaflZe that it puts us at a disadvantage
if it fails later, but to spend $SOK that we don't know is needed and we don't have budgeted does not seem wise to me. If you would like to discuss this further, please let me know.
Thanks Lisa A Pyles, AAE. Addison Airport Director 9723924855 12113/2004 
TOWN OF ADDISON PUBLIC WORKS From: STEt/E C/{v7rI//!'I1I..Company: UWLE5 {7#",,.. P..fOA..Phone: 􀀹􀀷􀀲􀀯􀀴􀀵􀀰􀁾􀀠2.g,f'6 FA"( #􀀺􀀬􀁟􀀭􀀺􀀡􀀺􀀮􀀮􀀲􀀺􀀺􀀮􀀮􀀺􀀯􀀼􀀮􀀮􀀮􀀮􀀡􀀮􀀧􀀴􀁟􀀭􀀭􀀮􀀺􀁇􀀽􀀭􀀮􀀡
􀀷􀀮􀁾􀀺􀀲􀀧􀀽􀀭􀀭􀀺􀀲􀀽􀀭􀀳􀀽􀀭􀀷􀁾􀁴􀀿 _ Fax: 􀀹􀀷􀀲􀀯􀀴􀀵􀀰􀁾􀀲􀀸􀀳􀀷􀀠 Date:___..::.;/􀁬􀀧􀀭􀀡􀀮􀀯􀀭􀀬􀀭􀁉􀁟􀁯􀀡􀀮􀀮􀀮􀁦􀁲􀁟􀀴􀀭􀁾__ 16801 Westgrove No. of pages (including cover):_3___
P.O. Box 9010 Addison, TX 75001-9010 
59JOTePl4no Parkway I : I􀁾 i i =JARCHITECTS ENGINEERS PLANNERS Sufte200 􀁐􀁦􀀱􀀣􀁮􀁯􀀬􀁔􀁾􀀠 'lSO!J3 November 10, 2004 (972) 􀀶􀀶􀁊􀁾􀀵􀀶􀀲􀀶􀀮 FAX (972) 661·S6}f Mr. Steve Chutchian,
P.E. Assistant City Engineer Town ofAddison . 16801 Westgrove Drive Addison, Texas 75001-9010 Re: Richard Byrd Drive Repairs Dear Mr. Chutchian: At your request, we have investigated
repair options for the Richard Byrd Drive pavement replacement project Mr. Mike Ebeling, P.E. and Mr. Michael Hutchison, P.E. visited the site on November 9, 2004 to evaluate repair
alternatives to the pavement. After assessing the condition of the area in question, we considered three options that would address the Town's concerns. The viable options are: 1) Removal
and replacement of the entire three-inch asphalt surface course and restriping. 2) Milling one inch ofthe entire asphalt surface and applying a one inch overlay and restriping. 3) Milling!!.i"
of the entire asphalt surface, edge milling the entire length of the north edge of the asphalt surface (along the hangar) as well as strategic areas on the south edge (to accommodate
drainage) and applying a one inch overlay and restriping. After careful consideration of the above alternatives, we recommend option three as the most practical option for this situation.
The!!.i" milling over the entire surface is to remove the seal coat on the existing surface. The seal coat has the potential of reducing the bonding capability between asphalt layers.
The contractor will need to comply with all federal, state, and local regulations in hauling off the milled material. We have included the attached cost estimate of option three for
your use, and estimate the construction cost ofthis strategy to be approximately $52,000. Thank you for the opportunity to assist in this matter. Please contact me with any questions
you may have. Very truly yours, . 􀁈􀁎􀁔􀁂􀁃􀀻􀀺􀁚􀀻􀁾􀀠 D. 􀁈􀁏􀁉􀁾􀁾􀁲􀁾i.{ Enclosure M:\JOBSU9131.RicllardByrdApron\cOMMMTGS\l..ErrERS\one incb overlayrecommendatioll lllOO4,doc The
HNTB C&mpantes OFFlCE:l: 􀀮􀁾􀁬􀀮􀁘􀁘􀀮􀁁􀁾􀀩􀀻􀀻􀁕􀁁􀀮􀀠 \"A, ANN... rOll:t hiD, ATlAtn'A, Ok AUSTIN, 1');: \1ATON ROlH,;';, LA; UOSTON. MA, CI1ARUl'iTON, .'M CH!>RL.£STON. wv, CHICAGO.
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Ci.: KA....􀁾􀀢...􀁾􀀠an", MO; KNQx\1llt. TN! ).ANSING. Mil 1.0$ 􀁁􀁎􀁇􀁅􀀱􀁅􀀮􀀮􀁾􀀬􀀠0.: LOlll!NlUlt. Xl'; 􀁾􀁉􀁁􀁦􀀩􀁊􀁾􀁏􀁎􀀮􀀠wt: MU!JJI. F4 MiLWAUKEE, 'I):'f; MIN!'iEAPOUl', },IN,
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011: RAUJGn. NCi. m'. lOUl:!', MO, S.UT lAKE cnY.r'r, MN ...mONlo. n;: ::AN IJERHAI\J)uKJ. co" $"'1'1 FRANOSCO. CAl $.\."" )O:'F.. 0., Sf.J.T'T1.£, '«iA; 􀁔􀁁􀁾􀁗􀀢􀀧􀀮􀀠fI.: TOW)(),
011, \\" ....􀁾􀁈􀁉􀁾􀁇􀁬􀁏􀁋􀀠I'I,C. 
TOWN OF ADDISON RICHARD BYRD DlUVE PAVEMENT REPLACEMENT ONE INCH OVERLAY AND RESTRIPING Estimate of ConStrul:UOIl Cost ! ITEM NO. DESCRIPTION I I PAVEMENT \VEDGE MILLING (6 􀁦􀁾􀀩􀀠
, 2 PAVEMENT BUTT TOINTMIUING 3 PAVEMENT MlUlNG (1/4" DEPTH) I 4 PRIME COAT 5 HOT MIX ASPHALT, TYPED, I" 6 6" SOLID YEUOWTAXlLANE CENTERLINE MARKING ESTIMATED OUANTITY 1085 i 628 5889
1665 400 1,900 I 1 UNITS UNITPRlCE: COST I LF $3.16: $3431 SY 1 $5.75: $3 611 SY : $1.95L $11483 GAL $2.131 $3 543 TON $57.50 $23,000 LF $3.45 $6,555: SUllTOTAL $516231 1 TOTAL, $51,623
Notes: ·A.pbalt Quantity based upon 7240 square yatds of pavement 􀁍􀀺􀁕􀁏􀁂􀁓􀁜􀀳􀀹􀀱􀀳􀀱􀀭􀁒􀁬􀁴􀁨􀁥􀁲􀁤􀁂􀀩􀀧􀁮􀀱􀁾􀁲􀁯􀁮􀁜􀁃􀁏􀀤􀁔􀁁􀁃􀁃􀁔􀁜􀁬􀀱􀀠Ind'! overtay esUmeta.xi$}Sheet1
SAY, $52,000.00 lIN1'B 􀁃􀁯􀀥􀁰􀁯􀁾􀀱􀁩􀁯􀁮􀀠 11/10/2604 
HP LaserJet 3200S8 HP LASERJET 3200 invent NOV·10-2004 4:24PM Fax Call Report Job Date Time Type Identification Duration Pages Result 746 11/10/2004 4:23:10PM Send 92146722370 1:22 3
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Mr. Steve Chutchian, P.E. Assistant City Engineer Town ofAddison 16801 Westgrove Drive Addison, Texas 75001-9010 Re: Richard Byrd Drive Repairs Dear Mr. Chutchian: At your request, we
have investigated repair options for the Richard Byrd Drive pavement replacement project. Mr. Mike Ebeling, P.E. and Mr. Michael Hutchison, P.E. visited the site on November 9, 2004
to evaluate repair alternatives to the pavement. After assessing the cond ition of the area in question, we considered three options that would address the Town's concerns. The viable
options are: I) Removal and replacement ofthe entire three-inch asphalt surface course and restriping. 2) Milling one inch ofthe entire asphalt surface and applying a one inch overlay
and restriping. 3) Milling W' of the entire asphalt surface, edge milling the entire length of the north edge of the asphalt surface (along the hangar) as well as strategic areas on
the south edge (to accommodate drainage) and applying a one inch overlay and restriping. After careful consideration of the above alternatives, we recommend option three as the most
practical option for this situation. The 1." milling over the entire surface is to remove the seal coat on the existing surface. The seal coat has the potential of reducing the bonding
capability between asphalt layers. The contractor will need to comply with all federal, state, and local regulations in hauling off the milled material. We have included the attached
cost estimate of option three for your use, and estimate the construction cost ofthis strategy to be approximately $52,000. Thank you for the opportunity to assist in this matter. Please
contact me with any questions you may have. Very tru ly yours, . HNTB CORPORATION 􀁾􀁬􀀭􀁢􀁊􀀬􀁟􀀠 D. 􀁈􀁏􀁉􀁾􀁾􀁲􀁾􀀠k' Enclosure M:VOBS\39131-RichardByrdApron\COMMMTGS\LEITERS\one
inch overlay recommendation recommendation III004.doc Tbe llNTB COlllpalllcs OFFICE.'" ,\LE..'{Al'OIU.\, 1:.\, 􀀬􀁜􀁎􀀻􀀼􀀧􀀻􀁁􀁉􀀧􀁏􀁬􀀮􀀱􀁾..\IIl, ATI..... 􀀺􀀮􀀮􀀻􀀭􀁉􀀮􀁾􀀮􀀠 G.\..\lISTI;\,
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TOWN OF ADDISON RICHARD BYRD DRIVE PAVEMENT REPLACEMENT ONE INCH OVERLAY AND REb'TRIP1NG Estimate of Construction Cost ITEM ESTIMATED NO. DESCRIPTION QUANTITY UNITS UNITPRICIL COST 1
PAVEMENT WEDGE MILLING (6 fr.) PAVEMENT BUIT :OINT MILLING 1,085 LF 53.16 $3431 2 628 SY 55.75 $3611 3 PAVEMENT MILI,ING (1/4" DEP'P::Il PRIME COAT 5889 SY $1.95 $11483 4 1665 GAL $2.13
53,543 5 HOT MIX ASPHAI:f TYPE D 1" 400 TON $57.50 523,000 6 6" SOLID YELlD\V TAXILANE CENl]':RLINE MARKING 1,900 LF $3.45 $6,555 SUBTOTAL $51 623 $51,623 Notes: -Asphalt QU'lt!ltity
based upon 7240 !>quare yards ofpavement. 􀁍􀀺􀁜􀀮􀀮􀁉􀁏􀁂􀁓􀀧􀀼􀀳􀀹􀀱􀀳􀀱􀀮􀁒􀁩􀁲􀀮􀁨􀀳􀁲􀁴􀀡􀁾􀁜􀁣􀁯􀁳􀁔􀁁􀁃􀁃􀁔􀁬􀀨􀁬􀀠inch oye!lay eSlimale,xl$jSheet1 SAY, $52,000.00 HNTB Corporation
11/10/2004 
ARCHITECTS ENGINEERS PLANNERS .9()Yeors November 9, 2004 Mr. Steve Chutchian, P.E. Assistant City Engineer Town of Addison 16801 WestgroveDrive Addison, Texas 75001-9010 Re: Richard
Byrd Drive Repairs Dear Mr. Chutchian: At your request, we have investigated repair options for the Richard Byrd Drive pavement replacement project. Mr. Mike Ebeling, P.E. and Mr. Michael
Hutchison, P.E. visited the site on November 9, 2004 to evaluate repair alternatives to the pavement. After assessing the condition of the area in question, we considered three options
that would address the Town's concerns. The viable options are: 1) Removal and replacement of the entire three-inch asphalt surface course and restriping. 2) Milling one inch of the
entire asphalt surface and applying a one inch overlay and restriping. 3) Edge milling the entire length of the north edge of the asphalt surface (along the hangar) as well as strategic
areas on the south edge (to accommodate drainage) and applying a one inch overlay and restriping. After careful consideration of the above alternatives, we recommend option three as
tbe most practical option for this situation. We have included the attached cost estimate of option three for your use, and estimate the construction cost of this strategy to be approximately
$41,000. Thank you for the opportunity to assist in this matter. Please contact me with any questions you may have. Very truly yours, HNTB CORPORATION aE"!!:t. Associate Vice President,
Central Division Enclosure JDHlmh I !> {' If \ f f; (" >Ii jJ " Ii I " , 
TOWN OF ADDISON RICHARD BYRD DRIVE PA VE.\lEt-.'T REPLACE..\lENT ONE INCH OVERLAY AND RESTRlPING Estimate ofConstruction Cost ITEM ESTIMATED UNITPRlCE COST NO, DESCJUPTION QUANTITY UNITS
1 PAVEMENT WEDGE MILLING (6 ft.) 1085 LF $3.16 53,431 2 PAVEMENT BUTT JOINT MlLLING 628 SY 55.75 $3,611 3 PRIME COAT 1665 GAL $2,13 $3,543 4 HOT MIX ASPHALT, TYPED, I" 400 TON $57.50
523,000 5 6" SOLID YELLOW TIIXlLANE CENTERLINE MARKING 1000 LF $3.45 $(;,555 SUBTOTAL 540,140 TOTAL: 540,140 SAY: $41,000.00 Notes: -Asphalt Quantity based upon 7240 square yards of
pavement. HNTB Corpomtion 11/9/2004 
Steve Chutchian To: jhotder@hntb.com Cc: Jim Pierce Subject: Richard Byrd Drive Repairs Jerry: As you might recall, the Town has been wolking with Reboon to correct a surface condition
problem that developed on the Richard Byrd project. Your staff and our engineers have been involved with this issue with Rebcon since January of this year. At this time, the Town has
notified Rebcon that their corrective seal coat on the project site was not successful and their striping work was totally unacceptable. Our attomey and the Rebcon attomey agree that
we need to sit down and work out a viable solution to getting a satisfactory surface at the site. The Town is requesting your assistance in preparing a formal recommendation and aSSOciated
cost for correcting the problem. we can set up a letter agreement for your time and effort. We do need to get something back from you as soon as possible. Jim Pierce and I both thought
of milling the surface at a depth of one inch and applying a new 1" HMAC overlay and striping it You might come up with a different idea. Your assistance in preparing a recommended action
and accompanying cost to perform it would be greatly appreciated. We will use your recommendation In our negotiations with Rebcon. If you have any questions, please let me know. Thanks.
steveC. 1 
CITYN/' ANAGER October 29, 2004 Ron Whitehead Town Manager Town ofAddison P.O. Box 9010 "",:A'\.uXu ison, 'T.1'.V1\.". '7{5v"0 1 -901' 0 RE: Richard Byrd Drive Pavement Replacement Addison
Airport Dear Ron, I have enclosed a letter I wrote to you yesterday expressing our frustration on this project. Today we received a letter from the Town's lawyer asking for Rebcon to
participate in dispute resolution. I have been in this business thirty two years and been the majority owner of Rebcon for nineteen years. I have always bent over backwards to do a better
than required job on each project we constructed. We feel we have more than exceeded the requirements on this project. I hope you will recognize the Mr. Chutchian has failed to respond
to correspondence or to discuss his issues with us. His adversarial nature has apparently led to this new letter and I am obviously upset by his approach to this issue. s truly, 􀁉􀁬􀀢􀁾􀀢􀀠
Vruck Burgett 1868 W. NORTHWEST HWY. DALLAS, TEXAS 75220 972/444-8230 
REBCON,'NC. October 28, 2004 Ron Whitehead Town Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Richard Byrd Drive Pavement Replacement Addison Airport Dear Ron, I am
addressing this letter to you because you are the only Town ofAddison administrator that I know personally. Although our relationship is from our church and our children's school, I
hope you will assist me and my company, Rebcon, Inc., in a matter with the Town. Rebcon constructed a project at Addison Airport last December. The project . was constructed ahead of
schedule, met all specifications, and was accepted. Some months after completion we were told by Mr. Chutchian that our paving had some joints that raveled, which created some loose
aggregate and some cosmetically deficient areas. Rebcon went through a long process of proposing various methods to satisfy Mr. Chutchian to rectify these issues. Rebcon, at great expense,
repaired various joints by hand and placed a seal coat over the entire surface area. This process is an an FAA enhancement to the asphalt that will provide five to ten years of additional
life to this asphalt. It also protects the asphalt from fuel spills and provides a uniform topping to the area. Mr. Chutchian in a meeting on site told my partner Greg Krieg that he
would not accept the seal coat we had installed. Obviously Rebcon would not have 1868 W. NORTHWEST HWY. DALLAS. TEXAS 75220 972/444-8230 
installed the seal coat without Mr. Chutchian's approval and the understanding that this would satisfy him. I find myself doing something I have not done in almost twenty years of business
and that is going to the Town Manager instead of working this out with the Engineering Department. Rebcon has always prided itself on doing the best job in town. The City ofUniversity
Park chose us recently when we were third bidder. North Texas Tollway Authority, TXDOT, Plano and other municipalities are pleased when we are low bidder because they know they will
get a good job and they know we will do it honestly and with a great attitude. Rebcon went out of its way to please Mr. Chutchian. We spent huge amounts oftime and money trying to please
him. Unfortunately what makes him happy is a moving target that we could never find. We know the Town ofAddison has received a product that meets all specifications. We know the project
looks good and has received additional enhancement at Rebcon's cost. Mr. Chutchian has never responded to our last correspondence and we would like you to see that we immediately receive
final payment for our work. I hope you will be able to assist us in resolving this issue. Yours truly, Rick Burgett President 
, DEo.-17-2003 WED 11: 30 AM REBCON. INO. FAX NO, 972 444 8234 p, 02 Contractor: Pay Estimate No.; 2 Rebeon, Inc. Project Name: Richard Byrd Drive Pavement ReeonslrueliOn HI68 W. Northwest
HWjI. Addison Airport -Addison l Texas Dallas. TX 75220 Estimate P."Od; 12-1-03 to 12-19-03 RI Job # 0316 liTE 􀁾􀀠 c.. t:±10 11 l' 11 M fiC Qt 􀁉􀁾􀀢􀀠 9 􀁾••􀀢􀀧􀁾􀀠 It FOOCA • -Triief
Bonus 180 N I if 1.2 0 181 $87.00 􀀧􀀲􀀴􀁏􀀺􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀁪􀁾􀁎􀀡􀀡􀀭􀁩􀁟􀀮􀀮􀀮􀀮􀀻􀀻􀀺􀀮􀀮􀀮􀀮􀀭􀁉􀀭􀀭􀀧􀀻􀁾􀀷􀀠 􀁳􀁾􀀻􀀺􀀠 GA 􀁾􀀠1117.7 􀁾􀀧􀀬􀀵􀀰􀀠 75 112C 1 DAY $0.00 􀀤􀀱􀁾􀀮􀁾􀀠
1$63" 􀁾􀁾􀀮􀀠 '$1. 􀁾􀀠 Work 􀁃􀁯􀁭􀁰􀁬􀁾􀁴􀁥􀁤􀀠This Month: 152,787.07 Work Completed to Date: Less 10% Retainago: 15278.71 less 10% Relalnage Tolal Due ThiS Month: 13750a,3et . les$
Prev(oue Billings: $69,151.86 Total Due-'This Estimat.: $137,508.M ApprOVed: 􀁾􀀬􀀭􀁾􀀭􀀭􀀭􀀢􀀭􀀭􀀭􀀮􀀮􀀮􀁊􀀭􀀭􀀭􀀭 David Wilde, 􀁔􀁯􀁷􀁮􀁾􀁤􀁤􀁩􀀧􀁏􀀠 \ "age 1 
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DEC-11-2003 WED 11:30 AM REBCON, INC FAX NO. 912 444 8234 P. 01 REBCON, INC. )868 W. NORTHWEST HWY DALLAS, TEXAS 15220 FAX (971)444-8234 PHONE (972)444-8230 FAX COVER SHEET I I DATE:_--L.1..::;l.';LI
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NUMBER OF PAGBS(INCLUDlNG THIS COVER SHEE'I):,_""'3..,-_____ PLEASE BESPOND IF ALL PAGES ARE NOT BECElV'ED. _----'"ORIGINAL TO FOLLOW VIA MAlL /NO ORIGINAL TO FOLLOW 
Steve Chutchian From: Steve Chutchian Sent: Friday, August 27,20042:23 PM To: 'jhill@cowlesthompson.com' Cc: Mike Murphy; Jim Pierce; Jenny Nicewander; David Wilde Subject: Richard Byrd
Pavement Repairs Importance: High John: You requested Infonnatlon regarding the situation on Richard Byrd. We will have digHal photos to you early nextweek and a video will be placed in the mail (or given to you at Town Hall). We will fOfWard our entire file on Richard Byrd accordingly and get it to you. In our opinion, the following
needs to be perfonned, in order to correct the problem on Richard Byrd: a. The Contractor placed a "seal coat" on the existing asphalt pavement and striped it. The new surface has repeatedly
come up in numerous locations and taken portions of the undertying asphalt pavement with it. The striping is extremely crooked, uneven in thickness and composition, and "double-striped"
in some locations. The contractor also seal coated over existing concrete pavement on the east end of the project. This surface is peeling everywhere. b. At this point, the Town feels
that the only viable solution to conrecI the current condition of Richard Byrd is to mill the entire sulface of the project, to a depth of one inch (1j and place a new I" H.M.A.C (hot
mix asphaltic concrete) surface. The Contractor will need 10 make an effort to eliminate unraveling of the aggregrate at each seam. This unraveling at the seams is the original problem
that forced the Town to contact the Contractor during the maintenance period. c. Subsequent to the asphalt overtay, the Contractor must utilize personnel that can apply striping to the
new pavement accurately and with sufficient thickness. In resPonse to the Contractor's leHer, dated July 30, 2004, piease note the following: a. The Town does not agree that the new
surtace is superior to the original procluct specified. b. The Town does not agree that fuel spots are the reason that the new surface is degraded. The Town feels that quality of the
sulface and method of applying are the true contributors to the problem. c. The Town disagrees that the majority of the surface is in perfect condition. The numerous failures throughout
the proJect limits substantiates that fact that the surface has failed throughout the project limits. d. The Town does not agree that fuel sPills are the result of the failed sulface.
The surface failures have occunred in areas where there is no evidence of any fuel spills. e. The Contractor is blaming the problem on "leaky planes or fuel trucks." This surface should
have been capable of holding up to any type fuel sPill that would occur on any street throughout the municipality. f. The Contractor blames Ihe damage also to fuel spills that occurred
prior to placement of the new sulface. It is the Contractor's resPonsibility to property prepare an existing street prior 10 placement of any new surface. g. The Contractor also states
"practices employed" by the tenants caused this problem. The tenants only utilize the Richard Byrd Drive for ingress and egress to the existing airport hangers. There is very little
eviclence of fuel spills over the limits of the project. Any public roadway will be much more suseptible to spillage from oils, grease, fuel, etc. than have occunred within the proJect
limits. h. The Contractor Is "hanging his hat" on fuel spill that created the extensive pavement failures on Richard Byrd Drive. The Town's position is that the Contractor was directed
to correct a fallure in the original product, in accordance wHh the maintenance bond, and the resulting "fix created a worse condition on the roadway. In addition, we would be interested
in detennining how the Contractor engages the services of individuals or comp(lnies to pelfonn pavement striping. The new striping is extremely inferior in quality and workmanship. g.
The Coolractor stated that they applied an FAA seal coat to the pavement that is capable of enhancing it cosmetically. and providing fuel resistance and structural value. The seal coat
may meet FAA standards, but it was placed on Richard Byrd Drive in a manner that created immediate pavement failures throughout the project. The quality of the striping does not meet
any standards. Your consideration and assistance in resolving this issue is greatly appreCiated. 1 
Steve Chutchian 2 
RICHARD BYRD DRIVE PAVEMENT RECONSTRUCTION ADDENDUM NO.1 October 2, 2003 To: All Bidders This addendum becomes a part of the "RICHARD BYRD DRIVE PAVEMENT REPLACEMENT" plans and specifications.
Page PF-2 ofthe contract documents must be filled out by the bidder acImowledging the receipt ofthis addendum. Bids will not be accepted ifthe above instructions are not followed. All
provisions of the original "RICHARD BYRD DRIVE PAVEMENT REPLACEMENT" plans and specifications shall remain in full force and effect, except as modified by this addendum No. I MODIFICATIONS
TO THE SPECIFICATIONS: I) Section PF -Proposal Form -replace in its entirety. There are a total of7 pages in this section. A page has been added to include "A+B" bidding for this project.
2) Section BP -Sheet BP3 is out of order. This sheet can be found at the end ofthe next section, Section GP. 3) Section SP -Special Provisions -replace in its entirety. • Section 29,
Paragraph 4,.1 51 sentence should read "For the purposes of this Contract, the Daily Value is $250.00" Paragraph 6, the 3msentence should read "The total incentive payment shall not
exceed $5,000.00" • Added Section 30 • Section 43 Sentence 3 should read "A minimum of 8% by dry weight (48 pounds per square yard per 8-inch depth) is required." 4) Section T -Technical
Specifications, page T-2, the following line should be added to the end ofthe list oftechnical specifications ''VIII Section PS -Project Sign" 5) Section NPDES -Remove Section NPDES
and replace with Section SW3P in their entirety. 6) Section PS -Project Sign, this section should be added to the technical specifications in its entirety. MODIFICATIONS TO THE PLANS:
There have been modifications to the following sheets • Cover • Sheet N3 -General Notes and Quantities • Sheet RM-2, RM-3 -Removal Plan • SheetP-I-P-3 -Paving Plan Page I of2 (Addendum
No. I) M:110BS\39131-RichSIdByrdApronICLNTPROJ\Addondum\Addondum-0139131.dnc 
FOR CLARIFICATION PURPOSES ONLY Questions from the Pre-Bid Meeting 1 Is the contractor responsible for providing an SW3P plan? » No. the contractor will not be responsible for a SW3P
plan, but will be required to fill out the TCEQ forms provided in this addendum 2 How to access the site? }> Access will be from the emergency gate on the south west corner ofthe airport
off ofLindberg Drive. The contractor will not need to contact the tower to gain access to the site but he/she will be required to maintain the security ofthe gate at all times. Contactor
and anyone on their staff that will be operating a motorized vehicle will be required to go to driving classes sponsored by the Addison Airport. 3 How is payment for removal ofexisting
asphalt paid for? » It is covered in the unclassified excavation and is paid for by the cubic yard. 4 Index on the Cover sheet indicates sheets for CP2 and CP3 that were not on the CD
with the other plans. Are these sheets missing? » No. The index is incorrect, there are no sheets CP2 or CP3. S Regarding proof-rolling: will tandem wheel truck be acceptable for proofrolling?
» Yes. 6 Are there any restricted working hours? }> No. 7 What constitutes a working day? }> One working day can be 24 hours and can include Saturdays and Sundays. 8 Can the site be
viewed before the Bid opening? » Site visits will be by appointment only. Contact Lisa Pyles, Luis Elguezabal or Dave Foster with the Addison Airport for a site visit (972-3924850).
Page 2 of2 (Addendum No. 1) M,lJoasI39131.ruclwrlByrdApronICLNTPROJlAddondom\Adkndum-<J139131.doc 
SECTIONPF PROPOSAL FORM PF·! of7 
SECTIONPF PROPOSAL FORM ____-',20_ TO; The Honorable Mayor and Town Council Town ofAddison, Texas Gentlemen: The undersigned bidder, havillg examined the plans, specifications and contract
documents, and the location ofthe proposed work, and being fully advised as to the extent and character of the work, proposes to furnish all equipment and to perform labor and work necessary
for completion of the work described by and in accordance with the Plans, Specifications and Contract for the following prices, to wit: Signed By: ____________ ACKNOWLEDGEMENT OF ADDENDA:
The Bidder ackncwledges receipt ofthe following addenda: Addendum No.1 Dated: _________ Addendum No.2 Dated: _______􀁾􀁟􀀠 Addendum No.3 Dated: _________ Addendum No. 4 Dated: ________
Addendum No.5 Dated: ________ Addendum No.6 Dated: ________ PF-2of7 
____________________________ __ PROPOSAL FORM 􀁐􀁉􀁾􀁥􀀠___________________________ 􀁄􀁾􀁥􀀠 Proposwof______________________________________________________􀁾􀀠 a Corporation organized
and existing under the laws ofthe State of_____________________________ OR 􀁐􀁲􀁯􀁰􀁾􀁡􀁬􀁯􀁦____________________________________________________􀁾􀀠 a partnership consisting of______________________
____________􀁾_____________ and ___________________________________________________________ OR Proposwof______________________________________________________􀁾􀀠 an individual trading
as ___________________________________________________ OR Proposwof__________________________________________________________-J a Joint Venture consisting of._________________________________________
______ and ______________________________________________________________ TO: Town ofAddison, Texas Sewed bids addressed to the Town of Addison, Texas, for the Construction of Paving
Improvements for the RICHARD BYRD DRIVE PAVEMENT REPLACEMENT project for the Town of Addison, Texas, hereinafter cwled "Town", in accordance with the plans, specifications and 􀁣􀁯􀁮􀁴􀁲􀁾􀁴􀀠documen
ts prepared by HNTB Corporation, will be received at the office of Ms. Minok Sub, 􀁐􀁵􀁲􀁣􀁨􀁡􀁳􀁩􀁮􀁾􀀠Coordinator, Finance Building, 5350 Belt Line Road, Addison, Texas until 3:00
p.m. on the 16'" day of October, 2003. Bids received by the appointed time will be opened and read woud. Any bids received after stated time will be returned unopened. The undersigned
Bidder, having visited the site of the work, having examined the Plans, Specifications, and other Contract Documents, including wi Addenda, and being familiar with all of the conditions
relating to the proposed project, hereby proposes to furnish all material, supplies, equipment, and appliances specified for the project and to furnish all labor, tools, equipment and
incideniWs to complete the wode in accordance with the Specifications, and other Contract Documents at and for the unit prices proposed herein; PF-3 of? 
BID SCHEDULE I RICHARD BYRD DRIVE PAVEMENT REPLACEMENT ITEM UNIT EST. . AMOUNT NO. DESCRIPTION & UNIT PRICE IN WORDS UNIT PRICE QTY. BID 101 Mobilization LS. 1 Complete in Plate, for
the Sum of Dollars and Cents per unit 102 Maintenance of Traffic LS. 1 Complete In Place, for the Sum of DoUarsand Cents per unit .. 103 Unclassified Pavement excavation C.Y. 2820 Complete
In Place, for the Sum of Dollars and Cents per unit 104 Furnish, place and compact 􀀸􀁾􀀠thick lIme stabilized subgrade, including prOotrolling S:Y. 7,240· Complete in Place, for the
Sum of Dollars and Cents per unit 105 Furnish and place hydrated lime (8% per Soils 􀁒􀁾􀁰􀁯􀁲􀁴􀀩􀀠 . TON 180 Complete In Place, for the Sum of Dollars and Cents per unit 106· Furnish
and place 3" Cement Treated Base S.Y. 7,240 Comptete In Place, for the Sum of Dollars and Cents per unit PF· 4017 
BID SCHEDULE I RICHARD BYRD DRIVE PAVEMENT REPLACEMENT ITEIiol _,:NIT NO. DESCRIPTION & UNIT PRICE IN WORDS UNIT PRICE . 107 F.;..rnsh and Place 3" Bituminous Pavement TON Complete in
Place, for !he Sum of Dollars and Cents per unit 108 Tack Coat (0.15 GaUSy) GAL Complete In Place, for the Sum of Dollars and Cents per unit Fumlsh and place 6" Solid Yellow Taxiway
centerline 109 Smce . L.F. Compla!e In Place, for !he Sum of Dollars and Cents per unit 1 􀁉􀁾􀀠 lace 6" Double Solid Yellow Sm';'; L.F. Complete in Place, for !he Sum of Dollars and
CenlS per unft 111 SlifFenee L.F. Complete In Place. for !he Sum of Dollars and CenlS per unit 112 . SW3P -Inlet Protection. EA Complete In Place, for !he Sum of Doli.rsend Cents per
unit EST. QTY. 1,225 1,100 : 1,075 65 1.120 1 AIIolOUNT BID· TOTAL AMOUNT BID II011.MA1'ERIALS ANO Sllll.VICES. SCHEllULE 1, ITEMS 101 T1lll.OUGH lll,INCLUSIVE $----------------------WRITTEN
IN WORDS: NOTE: FJl.L OUTNEXr SHEET .. PF-50f7 
BID SCHEDULE SUMMARY RICHARD BYRD DRIVE PAVEMENT REPLACEMENT Bid Schedule & Description Total Amount Materials & Services I. Pavement Replacement TOTAL BID FOR SCHEDULE I =TOTAL OF STANDARD
BID (A): I> ____________ WRITTEN IN WORDS' ___________________ TOTAL OF TIME BID: (Calendar Days) TOTAL OF CALENDAR DAYS X $250.00 (B): BASIS FOR COMPARISON OF BIDS: (A) + (B) =TOTAL
BID: NOTES: 1. AU items, labor, materials, equipment, filcilities, incidenlllls, and work required for construction of the project are to be provided and installed by the Contractor
as part of the project and payment for the cost of such shall be included in the price bid fpr the construction ofthe project. 2. Prices must be shown in words and figures fur each item
listed in this proposal. In the event of discrepancy, the words shall control. 3. It is understood that the Bid Security shall be collected and retained by the Owner as Iiquidsted damages
in the event a contract is made by the Owner based on this proposal within ninety (90) calendar days after receiving bids and the undersigned fails to execute the contract and required
bonds within ten (10) days finm the date the Contractor is notified and has received the confunned documents. .After this period, if the contract has been executed and the required bonds
have been submitted, the said Bid Security sball be returned to the undersigned upon demand. 4. One contract will be awarded based on the total value ofitem] (A). plus (B). Bidders TaxI.D.
No. or Employer No. PF·6of7 
The undersigned Bidder agrees that this bid may not be withdrawn for a period of sixty (60) days after the opening ofthe bids. In submitting this bid, it is understood by the undersigned
Bidder that the right is reserved by the Town of Addison to reject any and all bids. Name ofBidder By: __􀁾____________________________________________________ (Signature) (Print Name
and Title) Witoess: ________________________________________________________ (Signature) (Office Address ofBidder) Bidder's Tax 1.D. No. or Employer No. SEAL (lfBidder is a Corporation)
NOTES: Sign in ink. Do not detach. PF·7 CJf7 
SECTIONSP SPECIAL PROVISIONS Sp-[ 
SECTIONSP SPECIAL PROVISIONS 1. OWNER The Town of Addison, herein referred to as Owner, party of the First Part of these Contract Documents, or as may be otherwise establisned-through
assignment of the contract. 2. ENGINEER HNTB Corporation, Engineer of the Owner, or other representative as may be authorized by said Owner to act in any particular position. 3. FORMS,
PLANS AND SPECIFICATIONS Forms of Proposal, Contract, Bonds and Plans may be obtained from the office of Ms. Minok Sub, PUl'chasing Coordinator, Finance Building, 5350 Belt Line Road,
Addison, Texas, (972) 450-7091. 4. COPIES OF PLANS FURNISHED Three (3) sets ofPlans shall be furnished to the Contractor, at no charge, for construction purposes. Additional copies may
be obtained at cost ofreproduction upon request. 5. PRODUCT RECORD DOCUMENTS Maintenance ofDocuments. The Contractor shall maintain at the job site one record copy of the Contract Drawings,
Specifications, Shop Drawings, Change Orders, other modification to the Contract, field test records and other documents submitted by Contractor in compliance with specification requirements.
These documents shall be maintained at the job site apart from documents used for construction. These documents are not to be used for construction purposes. The documents shall be maintained
in clean, legible condition. The documents shall be made available at all times for inspection by the Owner. Recording. Each document shall be labeled "Project Record Copy" in 2-inch
high printed letters. The record documents shall be kept current No work shall be covered until required information has been recorded. Contract Drawings. The appropriate drawing shall
be legibly marked to record, where applicable: a. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. SP·2 
b. Field changes ofdimension and detail made during construction process. c. Changes made by Change Order or Supplemental Agreement. d. Details not on original Contract Drawings. e.
Manufacturer, trade n!lIl1e, catalog number and supplier of each produet and item of equipment actually installed. f. Changes made by Change Order or Supplemental Agreement. g. Other
matters not originally specified. 􀁓􀁨􀁾􀀠Drawing. The Contractor shall maintain the Shop Drawings as record drawings and legily annotate shop drawings to record changes made after review.
A red felt-tip marking pen shall be used for all recording. Submittal. At the completion of the project, the Contractor shall deliver record drawings to the Owner. The transmittal letter
shall be accompanied, in duplicate, with: a. Date, projeer title and number. b. Contractor's D!IIl1e and address. c. Title and number ofeach record document. d. Certification that each
document as submitted is complete and accurate. e. Signature ofContraetor or his authorized representative. 6. HOJ,UZONTAL AND VERTICAL SURVEY CONTROL The Contractor will be responsible
for horizontal and vertical survey control for this project. Benchmarks and alignment centerline coordinates ate provided on the plans. 7. PERMITS. LICENSES. AND REGULATIONS Permits
and licenses of a temporary natore necessary fot the prosecution of the Work shall be secured and paid fur by the Contractor. Permits, licenses and easements for permanent struetores
or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. If the Contractor observes that the Drawings and Specifications ate
at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the Contraet for changes in Work The Contractor shall
comply with all federal, state and local laws, rules and regulations of every kind and nature applicable to the performance of its Work hereunder, and shall hold the Owner harmless therefrom.
8. REFERENCE SPECIFICATIONS Where reference is made to specifications compiled by others, such ate hereby made a part ofthese Specifications. SP-3 
9. REVIEW OF WORK The Owner and his representatives shall have the right to review the Work while such Work is in progress to ascertain that the Work is being accomplished in compliance
with the standards and requirements set forth in the Contract Documents. It is also contemplated that similar review will be conducted by governmental inspectors. Notwithstanding such
review, the Contractor will be held responsible for the finished Work, and any acceptance of the Work by the Owner or governmental agencies will not relieve the Contractor from responsibility
for the Work. The Owner reserves the right to place full-time construction inspectors at the site ofthe Work. The Owner and his representatives shall at all times have access to the
Work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for review. If the Specifications, the Owner's instructions, laws,
ordinances, or any public authority require any Work to be specially tested, the Contractor Contractor shall give the Owner timely notice of its resdiness for testing, and ifthe testing
is by an authority other than the Owner, ofthe date fixed for such testing. Tests by the Owner shall be made promptly, and where practicable at the source ofsupply. Re-examination of
any Work may be ordered by the Owner, and, if so ordered, the Work must be uncovered by the Contractor. The cost ofthis will be the Contractor's expense and shall not be paid for by
the Town ofAddison. 10. INSPECTION Notwithstanding the foregoing, the Town of Addison reserves the right to inspect, test, measure or verify the construction work for this project as
the Town deems necessary. 11. SCOPE OF WORK The Work for this Project consists of furnishing all materials, labor, equipment, tools and incidentals necessary to construct, in accordance
with the Plans and Specifications, the proposed improvements for Richard Byrd Drive Pavement Replacement. 12. PROPERTY LINES AND MONUMENTS All property comers, control monumentations,
construction and survey stakes and mark!; shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor or his employees, such stakes or
mark!; shall be replaced at the Contractor's expense as required by the Owner. 13. DISCREPANCIES If the Contractor, in the course of the Work, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors or omissions in drawings or in the layout as given by survey points and instructions, or if it appears that any Plan,
Specification or other Contract Document is or may be not in compliance with any building code or other requirement of any governmental body, he shall irumediately inform the Owner in
writing, and the Owner shall promptly verify the same. Any Work done after such discovery, until aothorized, will be done at the Contractor's risk. . 81'-4 
14. TIME ALWTTED FOR COMPLETION All items of Work included under these contracts shall be completed within the time stipulated by the Bidder in the Proposal Form. The time shall conunence
on the date specified in the Notice to Proceed. The Notice to Proceed shall consist ofa written order by the Owner fur the Contractor to proceed with construction ofthe Project. 15.
EXISTING STRUCTURES The Plans show the location of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures
on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation or extra
work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or require the building
of special work:, provisions for which are not made in the Plans and Proposal, in which case the provisions in these Specifications for eldra worlc shall apply. 16. EXISTING UTILITIES
AND SERVICE LINES The Contractor shall contact all the utility companies which have :fiIeiJities in the vicinity of the proposed 􀁾􀁶􀁥􀁭􀁥􀁮􀁴􀁳􀀠to confirm the horizontal and vertical
locations of their respective :fiIeiJittes prior to commencing work. Where a conflict with the prol?osed improvements is encountered, the Contractor shall notifY the Engineer inunediate1y
pnor to proceeding with the work The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operation. Where
existing utilities or service lines are cut, broken or damaged, the Contractor shall replace the utilities or service lines with the same type of original construction, or better, at
his own cost and expense. All replacement, backfill and compaction shall be accomplished in strict accordance with the requirements of the owner ofthe utility or service line. 17. PUBLIC
PUBLIC UTILITIES AM} OTHER PROPERTY TO BE CHANGED In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered
with until authorized by the utility company and approved by the Owner. The right is reserved to the owner of public utilities to enter upon the limits of the Project for the pmpose
of making such changes or repaIrs of this contract. 18. LIGHTS AND POWER The Contractor shall provide, at his own expense, temporary lighting and power facilities required for the proper
execution ofthe Work 19. PERMITS AND RIGHTS-OF.WAY The Owner will provide rights-of-way for the purpose of construction without cost to the Contractor by securing permits in areas of
pub lie dedication or by obtaIning easements across privately-owned property. It shall be the responsibility of the Contractor, prior to the initiation of construction on easements through
private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public sp·s 
from the Town ofAddison. .. 20. PRECONSTRUcnON CONFERENCE The successful Contractor( s) and Owner shalI meet at the call of the Owner on this Project. Prior to the meeting, the Contractor(s)
shall prepare schedules showing the sequencing and progress of their work and i1s effect on others. These schedules shall be delivered to the Owner in advance of the meeting for his
review. The general natore of the woric, materials used, and methods of construction as well as the schedules will be discussed at the meeting. A final composite schedule will be prepared
during this conference to allow an orderly sequence ofproject construction. 21. ADDENDA Bidders desiring further information, or interpretation of the Plans and Specifications, must
make written request for such information to the Engineer (not later than three (3) calendar days prior to the date set for the Bid opening). Answers to all such requests will be given
in writing to all Bidders in addendum form and all addenda will be bound with and made a part ofthe Contract Documents. No other explanation or interpretation will be considered official
or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or Contract Documents, or should he be in doubt as to their meaning, he shall at once
notify the Engineer in writing in order that a written addendum may be sent to all Bidders. 22. WATER FOR CONSTRUCTION The Contractor shall acquire a meter and make the necessary arrangements
with the Town of Addison for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing or flushing. Water
required for construction shall be paid for by the Contractor at the Town of Addison prevailing mtes. There will be no separate pay item for col1llection into the existing water system
and quantity ofwater required for construction purposes. 23. EXCAVATION The Contractor shall exercise precautions to insure that drainage from adjacent properties is not blocked by his
excavations. 24. CONTRACTOR'S BID The Contractor's Bid shall be on a Unit Price basis for construction of the Project as shown on the Plans and described in the Specifications. 2S. OWNER'S
STATUS The Owner shall perform technicai review ofthe Work. He shall also have authority to reject all Work and materials which do not confurm to the Contract and to decide questions
which arise in the execution ofthe Work. SP-6 
dedication, the Contractor shall inform the agency having jurisdiction in the area forty-eight 0' .oro\ " ',' '.'.' i/'O 􀀮􀁾􀀠 ""-T " _ .... . . 􀁾􀁾􀀮􀀮􀀮􀀮􀀠 ...... • 
26. OWNER'S DECISIONS The Owner shall, within a reasonable time after their presentation to him, make decisions in writing on all claims ofthe Contractor and on all other matters relating
to the execution and progress ofthe Wotk or the interpretation ofthe Contract Documents. 1.7. LANDS FOR WORK The Owner shall provide as indicated on the Plans fot this Project, or by
separate instnln1ent, the lands upon which the Work under this Contract is to be dOne, right-of-way for access to same, and such other lands which are designated on the Plans or in tile
Specifications for the use ofthe Contractor. Such lands and rights-of-way shall be adequate for the perfurmance of the Contract. Should the Contractor be delayed as the result of lack
of access, this shall be cause for an extension oftime but not for additional cost. The Contractor shall provide at his own expense and without liability to the Owner any additional
land and access thereto that may be required for temporary construction facilities. 28. CLEANING UP UP The Contractor shall remove at his own expense daily, all temporary structures,
rubbish and waste materials resulting from his operations. These requirements shall not apply to property used for permanent disposal of rubbish or waste materials in accordance with
permission of such disposal granted to 􀁴􀁨􀁾􀀠Contractor by the Owner thereof. 29. AWARD AND EXECUTION OF CONTRACT For the pwpose of award, each bid submitted shall conslst oftwo parts
whereby: Standard Bid (A) = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bidunit prices Time Bid (8) = (CD x Daily Value) = the product of the nUll1ber of calendar days (CD) provided by the Contractor and the Daily Value established by the Town. For purposes
ofthis Contract, the Daily Value is $250.00. The lowest evaluated bid (Total Bid) will be determined by the Town as the lowest sum of Standard Bid (A) pins Time Bid (B) according to
the following formula: Total Bid" StaDdard Bid (A) +Time Bid (8) 8) Time Bid (B) from the preceding formula will not be used to determine final payment to the Contractor. All payments
will be based on actual quantities and bid unit prices. The Town desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce
the time of construction. In Qrder to achieve this, an incentive • disincentive provision is established for the contract. The total incentive pll),ment shall not exeeed $5,000.00. A
bid with more than 90 days will be considered nonl'eI!Ponsive and will be rejected, SP·7 
30. AWARD AND EXECUTION OF CONTRACT In the event the Contractor completes the contract prior to the expimtion of the Original Contract Time, the Town will pay the Contractor an incentive
payment of the Daily Value amount specified in provision 29 for each calendar day the actua1 completion date precedes the Original Contract Time and subject to the conditions set forth
below. The term "Original Contract Time" as used in this Provision will mean the number of calendar days established by the Contractor for completion of the work of the Contract on the
date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement
of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's opemtions, delays or other events as !!escnbed herein. For purposes of the calculation and the
deternUnation of entitlement to the incentive payment stated above, the Original Contract Time will not be adjusted for any reason, cause or circmnstance whatsoever, regardless of fault,
save and except in the instance of a catastrophic event (i.e., war, invasion, riot, declared state of emergency. national strike, or other situations as declared by the Town of Addison).
The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, work deleted,
change orders, supplemental agreements, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting
iasues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion ofthe physical limits of the project to make
it functional, weather, weekends, holidays, suspensions of Contractor's opemtions, or other such events, forces or factors sometimes experienced in roadway construction work. Such delays
or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledge!! by the parties in entering into this Contract, and shall not extend
the Original Contract Time for purposes of calculation of the incentive payment set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating
the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor
successfully does so or not, shall be the sole responsibility ofthe Contmctor in every instance. In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency,
national strike, or other situations as declared by the Town of Addison) directly and substantially afrecting the Contractor's opemUons on the Contract. the Contractor and the Town shall
agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time will be nsed in calculation of the incentive payment. In the
event the Cootractor and Town are unable to agree to the number ofcalendar days to extend the Original Contract Time, the Town shall uni1atemlly determine the number of calendar days
to extenQ. the Original Contract Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination,
save and except that the Contractor establishes that the number of calendar days determined by the Town were arbitraty or without any reasonable basis. SP-8 
The Contractor shall have no rights under the Contract to make any claim arising out ofthis incentive payment provision except as is expressly set forth in this Provision, As conditions
precedent to the Contractor's entitlement to any incentive the Contractor must: (l) Actually complete the Contract and obtain final acceptance by the Town prior to expiration ofthe Original
Contract Time, (2) The Contractor shall notify the Town in writing, within 30 days after :fina1 acceptance of the Contact by the Town, that the Contractor elects to be paid the incentive
payment which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgment
of satisfaction by the Contractor of any and all claims, canses of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against
the Town, its employees, officers. agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but
not limited te, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time
extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays,
expansion ofthe physical limits ofthe project to make it functional. weather, weekends, holidays, suspensions ofContractor's operations, extended or unabsorbed home office or job site
overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect cnsts, any other adverse
impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as te or arising out of the Contract. This waiver, release and acknowledgment of satisfaction
shall be all inclusive and absolute, save and except any routipe Town final estimating quantity adjustlllents, Should the Contracfcr fail te actually complete the Contract and obtain
:fina1 acceptance by the Town prior te expiration of the Original Contract Time, or should the Contractor, having timely completed the Contract and obtained final acceptance by the Town
prior to expiration ofthe Original Contract Time but having failed to timely request the incentive payment for any reason, and including but not limited te the Contractor choosing not
to fully waive, release and acknowledge satisfaction as set forth in (2) above, the Contracfcr shall have no right te any payment whatsoever under this Article, Notwithstanding the Contractor's
election or non-e1ection of the incentive under this provision, the disincentive provision applies te all circumstances where the work in the Contract is not finally accepted by the
Allowable Contract Time. Should the Contractor fail te complete the Contract on or before expiration of the Allowable Contract Time. as adjusted in accordance with the provisions above,
the Town shall deduct from the moneys due the Contractor the Daily Value as shown in provision 29 for each calendar day completion exceeds the Allowable Contract Time. The term "Allowable
Contract Time" as used in this Article shall mean the Original Contract Time plus aqjustlllents pursuant to the statements above , This deduction shall be the disincentive for the Contractor's
failing te timely complete the Contract, Tbis sball be strictly elJforced_ SP-II 
In the event the Contractor elects to exercIse this incentive payment provision, should this provision conflict with any other provision of the Contract; the Contract shall be intetpreted
in accordance with this provision. 31. USE OF EXPLOSIVES Use of explosives will not be allowed 32. PROJECT MAINTENANCE The Contractor shall maintain. and keep in good repair, the improvements
covered by these Plans and Specifications during the life of bis conmwt. 33. DISPOSAL OF WASTE AND SURPLUS EXCAVATION All asphalt, concrete, rock or excavated materia!, or other debris
shall be removed from the property and the Town ofAddison. Any required disposal permits and costs shall be the sole responsibility of the Contractor. 34. REMOVM§. ADJUSTMENTS AND REPLACEMENTS
Existing pavements, driveways, curbs, gutters, sidewalks. etc., to be removed to filcilitate the construction of the improvements shall be broken up and 􀁤􀁩􀁳􀁾􀀠ot Care shall be exercised
to leave a neat, uniform edge or joint at the excavation hmits or sections sections removed where only portions are to be removed. The Engineer will desigtlllte the limits to be removed.
Where pavements, driveways, curbs, gntters, sidewalks, etc., shall be replaced, then said replacements shall be to the standard of the previously removed portion or better. Re-sawing
ofdamaged edges will be at the Contractor's expense. Existing structures such as manholes, inlets, cleanouts. valve boxes, etc. which are not the pt'OpIlI'Iy ofa private firm or company,
or an individual required to move their own property, shall be adjusted, altered or reset to the required elevation and alignment. New materials and worlanansbip necessary shall confurm
to the requirements of these Specifications covering the particular Work Salvaged materials in good condition may be used in rebuilding such structures, provided the materials are thoroughly
cleaned before their use. These items shall be subsidiary to other bid items unless quantified in the proposal as a separate bid item. All private obstructions which are indicated on
the Plans to be moved, will be removed and replaced, or moved to new 􀁾􀁮􀁥􀁮􀁴􀀠locations by the Contractor, without additional payment to the Contractor. Any such additional item which
the Contractor moves or causes to be moved for his own convenience shall be at his own expense. 35. TOWN OF ADDISON AFPROVAL This project is subject to final approvalll11d acceptance
by Town ofAddison. 36. TRAFFIC CONTROL The Contractor shall be responsible fur providing traffic control during the construction of this Project consistent with the construction plans.
Contractor shall coordinate access to the SP·lO 
site with airport personnel prior to construction activities beginning. Contractor will be required to attend a "Driving School" at the airport prior to construction. All employees of
the contractor operating vehicles on the airport property will be required to attend the class. 37. NOT USED 38. FINAL ACCEPTANCE OF WORK Final acceptance ofthe Work is subject to approval
by the Town ofAddison. 39. WORK AREA Contractor shall restrict his construction activity to the project limits. 40. CONTRACTOR'S AFFIDAVIT OF BILLS PAID The Contractor shall be required
to execute the form provided in Section BP prior to the acceptance ofthe project. 41. PAY ITEMS Pay items provided are intended to be all-inclusive of the work required on this project.
Work reqUIred by the plans or specifications but not provided with a specific pay item shall be considered incidental to other items ofwork Fillal payment to the construction contractor
shall not he made until all Wode has been finally completed and verified in accordance with with the construction contract, plans and specifications and have been finally accepted by
the Town ofAddison. 42. SAMPLES AND TESTS OF MATERIALS The Contractor shall des.te and pay a recognized testing laboratory, approved by the Owner, to perform aU 􀁾mix design for this
project Such designation shall be subject to the approval of the Owner. Samples of all materials for tests shall be taken by the Contractor's authorized representative at the discretion
ofthe Owner. All samples and tests shall be performed in accordance with the Standard Specifications for Public Works Construction, North Central Texas Council of Governments (3r<! Edition,
1998) as amended or supplemented. All asphalt mix designs and supporting data shall be submitted to the Owner for approval and accepted at least ten (10) days prior to placing asphalt
All costs for testing and lab 􀁷􀁯􀁲􀁾􀀠shall be paid by the Contractor and will be subsidiary to other bid items. Item S.7.4.(i) & 0) in the NCTCOG specifications will be utilized to
conduct eight (8) teslll. 43. LIME TREATMENT Lime stabiJ.ization will be performed in accordance with Item 4.6 ofthe North Central Texas Council of Governments Standard Specifications
for Public Works Construction (3td Edition, 1998). The lime stabilized subgrade should be compacted to at least 95 percent of the maximum density as determined by Texas SDHPT Test Method
Tex-Il3-E. A minimum of 8 percent by dry weight (48 pounds per square yard per 6-inch depth) is required. SP-ll 
44. COMPLIANCE WITH GENERAL RULES AND LAWS Contractor shall famili!llize himself with the nature and extent of the specifications, site conditions, traffic and safety requirements, and
􀁣􀁯􀁭􀁰􀁾 with all federal, slate and local laws, ordinances, rules and regulations. Contractor sh I determine how compliance with requirements, laws, rules, and regulations will affect
his cost, progress or performance ofthe Work. 45. COMPLIANCE WITH IMMIGRATION LAWS Contractor shall take all steps necessary to ensure that all ofthe Contractor's employees are authorized
to work in the United States as required by the Immigration Refurm and Control Act of 1986. ".RESOLUTION OF DISPUTES The parties hereby covenant and agree that in the event ofany controversy,
dispute, or claim, of whatever nature !llising out of, in connection with or in relation to the interpretation, performance or breach of this agreement, including but not limited to
any claims based on contract, tort or statute, before filing a lawsuit, the parties agree to submit the matter to Alternative Dispute Resolution pursuant to the laws ofthe State of Texas.
The parties shall select a third party arbitrator or mediator from the Clj1reIIt list of neutrals on file with the Altemative Dispute Resolution Administrator of the Dallas County District
Courts. All forms of Alternative Dispute Resolution may be used except binding arbitration. The proceedings shall be conducted in accordance with the laws ofthe State ofTexas. 47. GENERAL
SEOUENCE OF CONSTRUCTION Prior to the start of work, the contractor shall develop a detailed construction and sequence of construction schedule using the critical path method, to be
submitted to the Town of Addison for approval, that shall cause minimum interference with traffic along, across and adjacent to the project during construction. Ifthe schedule or sequence
becomes unworkable or onsatisfactory as work proceeds, adjustments shall be made. Erosion control devices must be properly installed and maintained during all stages of construction.
48. CONSTRUCTION STAKING Construction staking will not be provided by the Owner or Engineer. This item will be performed by the Contractor and shall be subsidiary to other bid items.
The Contractor will be responsible for maintaining stakes. If re-staking is requited for any reason, it will be the Contractor's responsibility, including associated costs. All construction
staking shall be done under the supervision of a Registered Professional Land Surveyor registered in the State of Texas. The Contractor shall submit copies of cot sheets and field books
for the construction of all paving. The informstion on the cut sheets and field hooks shall include but not be limited to the fullowing: SP-12 
a. Heading to include date, contract number, project name, surveying fum, contractor, and construction plan sheet number. b. Location, description of streetlline and street/line name,
number, letter, etc. designation. Co Benchmark Data: Location, description, and elevation. d. Stations at 50 foot intervals and including all pc. PT, PI. PVC, PYI. PVT, PRC, grade changes,
etc. e. Offset description including distance to center line or back of curl> and direction of offset; left, right, east, west, etc, f. Cutto subgrade, pavement, top ofcurb, or flowline
ofthe street or utility being staked. g. Clarifyi.ng remarks such as top of curb, gutter, pavement, subgrade, manhole, cleanout, valve, tee, cross, fire hydrant, wastewater lateral,
water service, etc. h. Cut sheets shaH be signed by a Texas Registered Professional Land Surveyor. 49. GEOTECHNICAL INFORMATION Geotechnical information was obtained from the document
BCS ltd Report "Airport Parkway realignment and Richard Byrd Drive Apron Reconstruction", included in the Appendix of these specifications. 50. GRASS REPAlB No sepamte pay shall be made
for repair of damaged grass areas, not indicated on the plans, but such work shall be subsidiary to the various other items bid. Repair shall comply with applicable specifications elsewhere
in the Contract Documents. 51. NOT USED 52. WOBKEM' COMPENSATION INSURANCE COVERAGE A. Definitions. Certifieate of Coverage ("certificate") -A copy of a certificate of insurance, a certi:ficate
of authority to self insure issued by the Texas Workers' Compensation Commission (the 􀀢􀁔􀁗􀁃􀁃􀀧􀁾􀀬􀀠 or a coverage agreement (TWCC-Sl, TWCC-S2, TWCC-83 or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project DQradon of tke Project -includes the
time from the beginning of the work on the project until the Contractotslperson's work on the project has been completed and accepted by the governmental entity. SP·13 
Pel'$Ons Providing Serviees on the Projeet ("subcontractor" in Section 406.096 of the Texas Labor Code) -includes all persons or entities performing all or part of the services the Contractor
has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless ofwhetber that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity which furnishes
persons to proVlde services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other
service related to a project. "Services" does not include activities unrelated to the project. such as foodlbeverage vendors. office supply deliveries, and delivery ofportable toilets.
B. The Contractor shall provide coverage, based on property reporting of classification codes and payroll amounts and filing of any coverage agreement. which meets tha statutory requirements
of Texas Labor Code, 401.011(44} fot all employees of tha Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate
of coverage to the Owner prior to being awarded the contract. D. If the coverage period shown on the Contractor's COJTeIlt certificate of coverage ends during the du:ranon of tha prQject,
the Contractor must, prior to the end oftha coverage period, file a new certificate of coverage with the Owner, showing that the coverage has been extended. . E. The Contractor shall
obtain from each person providing services on the pr{)ject, and provide to tha Owner! (I) a certificate of coverage, prior to that person beginning work on the project, so that the Owner
will have on file certificates of coverage showing coverage for all persons providing services on the project; and, (2) no later than seven days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage period shown on tha current certificate ofcovetage ends during the dm:ation ofthe project; F. The Contractor shall
retain all required certificates of coverage on file for the duration ofthe project and for one year thereafter. G. The Contractor shall notify tha Owner in writing by certified mail
or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects tha provision of coveIage of any person providing services
on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the TWCC, informing all persons providing services on the project
that they are required to be covered, and statJng how a person may verify corrent coverage and report failure to provide coverage. 1. The Contractor shall contractually require each
person with whom it contracts to provide Services on a project to: SP-14 
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of TeXllS Labor
Codes 401.011 (44) for all its employees providing services on the project, for the duration ofthe project; (2) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all employees ofthe person providing services on the project, for the duration ofthe project; (3) provide
the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ofcoverage
ends during the duration ofthe project; (4) obtain from each person with whom it contracts, and provide to the Contractor; a. a certificate of coverage, prior to the other person beginning
work on the project; and, b. a new certificate ofcoverage showl:nJ! extension ofthe coverage period, prior to the end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration ofthe project. (5) retsin all required certificates of coverage on file for the duration ofthe project and for one year thereafter; (6)
notify the Owner in writing by certified mail or personal delivery, within 10 days afrer the person knew or should have known, of any change that materially affects the provision ofcoverage
ofany person providing services on the project; and (7) contractually require each other person with whom it contracts to perform as required by paragraphs (I) • (7) with the certificate
of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or 􀁣􀁡􀁵􀁳􀁾 to be provided a certificate of coverage, the Contractor
is representing to the Owner that all employees ofthe Contractor who will provide services on the :project will be covered by worker's compensation coverage for the duration of the proJect,
that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier
or, in the case ofa self-insured, with the lWCC's Oivision of Self-Insurance Regulation. Providing Ihlse or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties or other civil actions. K. The Contractor's failure to comply with any ofthese provisions is a breach of contract by the Contractor which entitles
the Owner to declare the contract void if the Contractor does not remedy the breach within ten days afrer receipt of notice of breach from the Owner. The following is the form of notice
of workers' compensation coverage prescnbed by the TWCC. Pursuant to Section 110.110 (d) (7). this notice must be printed with a title in at least 30-point bold type, and text in at
least 19-point nominal type, and shall be in both English and Spanish and any other language,common to the worker population. SP·IS 
REQUIRED WORKERS' COMPENSATION COVERAGB "The Jaw requires that each person working on this site or providing services related to this construction project must be covered by workers'
compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless
of the identity of their employer or status as an employee. "Call the Texas Workers' Compensation Commission (TWCC) at (512) 440-3789 to receive further information on the legal requirements
for coverage, to verify whether your elllployer has provided the required covetage, or to report an employer's failure to provide coverage." 53. PROJECT TRAll..ER AND STAGING AREA A.
The Contractor will not be required to J?!Ovide a job trailer for meetings, phone conversations and other day to day activities. Meetings can be held at the Town of Addison Service Center.
54. NOTUSED 55. RESTRICTED WORK HOURS Per the Town of Addison Building Regulations, ""It shall be unlawful for a person, :firm or cmporation to excavate, erect, build, construct, alter,
repair or demolish any building or structure which has been issued or which is required to be issued a building permit by the Town of Addison between the hours of 7:00 p.m. and 7:00
a.m. Monday through Friday, and between the hours of 7:00 p.m. and 8:00 a.m. on Satnrday and Sunday, if such activity ,is performed within a residential, apartment, or townhouse zoned
area, or within three hundred (300) feet of an occupied residence, except in casas of urgent necessity or in the interest ofpublic safety and convenience, and then only by permit ofthe
City Manager." 56. PREVAILING WAGE RATES Wage rates paid on this project shall not be less than specified in the schedule of general prevailing rates ofper diem wages as attached hl\lfeto.
SP-16 
SECTION T TECHNICAL SPECIFICATIONS T·l M:I10BSI39131-RlclumlllyrdApronICLN'l':PROlIAddendumIOOS-TocltSpee•.doe 
SECTION l' 􀁬􀀧􀁅􀁾􀁃􀁁􀁌􀁓􀁐􀁅􀁃􀁾􀁃􀁁􀀱􀀧􀁉􀁏􀁎􀁓􀀠 I. GENERAL All materials, construction methods, and standard drawings for fuis project shall be in conformance wifu Town of Addison
standards and specifications and fue North Cenlral Texas Council of Governments "Standard Specifications for Public Works Construction" (3"j Edition, 1998), as amended or supplemented.
Where conflicts exist, fue Town of Addison standards and specifications shall govern. II. SUPPLEMENTAL SPECIFICATIONS Amendments to fue Nor1h Central Texas Council of Governments Standard
Specifications for Public Works Construction. Where conflict exists, Town of Addison standards and specifications shall govern. ID. SECTIONM-IOl-MOBII.JZATION IV. SECTION M-I02 MAlNl'ENANCE
OF TRAFFIC V. SECTIONP-620-RUNWAY AND TAXIWAY PAINTING VI. SECTION NPDES -STORMWATER POLLUTION PREVENTION PLANS VII. SECTION l'R -TOWN OF ADJ)ISON TESTING REQUIREMENTS S VIII. SECTION
PS -PROJECT SIGN T-2 M,\JOBS\'l9131-lli<:lunrlllynlApronICLNTPROMdliendumIOO5-Tcch Spec,.d
oc SECTION SW3P STORMWAUR POLLUTION PREVENTION PLAN SW3P-l 
SECTION SW3P STORMWATER POLLUTION PREVENTION PLAN I. The Contractor will not be requited to ptepare a sepatate Storm Water Pollution Prevention Plan. The Erosion Control Plan included
in the construction plans will be sufficient. 2. The Contractor will be required to fill Qut the CONSTRUCTION SITE NOTICE for the Texas Commission on Enviromnental Quality (TCEQ) Storm
Water Program -TPDES GENERAL PERMIT TXR150000. The Contractor shall keep a copy ofthis at the construction site and be prepared to present it to local, state, or federal officials visiting
the site. The Contractor is responsible for filling out the forms and providing them to the correct individuals and agencies. 3. A copy ofthe forms ate located in the back ofthis section.
Payment: There will be no separate payment for this task. All costs associated with the filing of furms and other necessary items required to stay in compliance with the TCEQ will be
the responsibility of the Contractor. SW3p·2 
Attachment 1 TPDES General Permit TXR150000 CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following
information is posted in compliance with Part n.D.!.of the TCEQ General Permit Number TXRlSOOOO for discharges of storm water runoff:from construction siles. Additional information regarding the TCEQ $loon water permit program may be
found on the inlernet at: Contact Name and Phone Number: Project Description: 􀀺􀁐􀁾􀀻􀁦􀁾􀁾􀁾􀁬􀁥􀁾􀁡􀁤􀁾􀁩􀁾􀁤􀁾􀁲􀁾􀁥􀀺􀁾􀁳􀁓􀁾􀁤􀀨􀁯􀁲􀀠descrfption of the sile's oc start date and
projected end that disturbed soils will be For Construction Sites Authorized Under Part 11.0.1. the following certification must be completed: I (l'yped or Printed Name Pmoo Completing
This Certification) certify under penalty of law thatIhave read and understand the eligibility requirements for claiming an authorization by waiver under Part IID.!. ofTPDES General
Permit TXR150000 and agree to comply with the the terms of this permit Construction activities at this site shall occur within a time period listed in Appendix A ofthe TPDES general
permit for this county, that period beginning on and ending on . I understand that ifconstruction activities continue past this period, all storm water runoff must be authorized under
a separate provision of this general permit. A copy ofthis signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties
for providing false information or for conducting unauthorized discharges, including the possibility offine and imprisonment for knowing violations. Signature and Title Date Page 32

Attachment Z TPDES General Permit TXR150000 --...:... -0.-:-􀁾􀁾􀀠"􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀁾􀀭􀀭􀀭........... CONSTRUCTION SITE NOTICE FORmE Texas Commission on Environmental Quality (TCEQ) Storm
Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part D.D.2. of the TCEQ General Permit Number TXR150000 for discharges of storm water
runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: Contact Name and Phone Number: Project DeSCription:
'{Phvsic,,,laddress or description of the site's ocalilon. estilnat'9d start date and projected end that disturbed soils will be Location of Storm Water Pollution Prevention Plan: Sites
certification must be completed: I (TypednrI'rinledN.,..Pers""ComplelingThlsCertificatiOll) certify under penalty of law that I have read and understand the eligibility requirements
for claiming an authorization under Part II.D.Z. of TPDES General Permit TXR150000 and agree to to comply with the terms oftlris. permit. A storm water pollution prevention plan has
been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 ifdischarges enter an MS4 system. I am aware there
are significant penalties forproviding false information orfor conducting unauthorized discharges, including the possibility offine and imprisonment for knowing violations. Signature
and Title Date Page 33 
SECTlONPS PROJECT SIGN PS-l M:\10llSI39131-RiohaIdByrdApronlCLNTI'ROMdd<nd"",1065-PSl.doc 
J'ROJECT SIGN 1. Ouantity: Two (2) Project DesignatiOll sigms will be constructed and installed on the project site as directed by the Owner. It will be the responsibility of the Contractor
to maintain the sign in a presentable condition at a.ll times during construction. Maintenance will include painting and repairs as directed. by the City Engineer or his appointee. The
locations of the signs will be given to the Cootractor by the Town of Addison at the pre-construction meeting. 2. Material: Sign shall be construc1ed of 314-inch thick smooth finish
fir ply-wood (Grade A-C, exterior or better). Sign will be securely mounte4 il) 6" x 6" square posts. Nuts and bolts will not protrude from face of sign. 􀁐􀁤􀁳􀁾􀀠will be Dlounte4 to
a support system that will provide adequate stabilization to ensure the sign will not fall over in heavy winds. Sand bags or other techniques may be necessary to p'TOtect sign. 3. Dimensions:
Size ofsign will be four feet tall and six feet wide. The height and arrangement ofthe lettering shall be in accordance -with the attached detail 4. l!i!W Sign will be one-sided and
will llave a white background Text will be black, except for the word "Addison!" which will be a blue color approved by the City Engineer. The paint will be an outdo(Jl' paint am will
be maintained throughout the project in proper order. The quality of the paint, ptinting, lettering on the signs shall be approved by the City Engineer or his appointee. S. Payment:
Signs will not be a sepam!e pay-iiern, but wit! be subsidiary to other bid items. This will include IIl1labor, equipment, mas, and incidentals necessary to complete and install the work.
PS·2 M:IlOllS\39131-I\lclwd/lyzdApronICLN11'ROIlAdd<m!um\06S·PS1.doc 
􀁾􀀩Ji (ftt' The Town of 1􀁾􀁪􀀠· PLEASE PARDON THE TEMPORARY INCONVENIENCE DURING THIS PROJECT RICHARD BYRD DRIVE PAVEMENT REPLACEMENT CONTRACTOR: ESTIMATED COMPLETION DATE: February
2004 AN ADDISON PROJECT FOR MORE INFORMATION, PLEASE CALL 972-450-2886 PS-3 
RESOLUTION NO. R03·100 A RESOLUTION BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH REBCON IN THE AMOUNT OF $222,740.50
FOR THE RICHARD BYRD DRIVE PAVEMENT RECONSTRUCTION PROJECT. WHEREAS, Washington-Staubach determined that the pavement on Richard Byrd Drive was severely deteriorated and in need of immediate
attention; and WHEREAS, currently there are several large failures in the pavement that are being temporarily covered by metal plates for access and safety; and WHEREAS, the firm of
HNTB Corporation prepared engineering plans and specifications for construction of these improvements; and WHEREAS, Rebcon was awarded the contract for being the lowest responsive bidder;
now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: THAT, the City Council does hereby authorize the City Manager to enter into a contract with Rebcon in
the amount of $222,740.50 for the Richard Byrd Drive pavement reconstruction project. OFFICE OF THE CITY SECRETARY R03-100 
DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 28th day of October, 2003. 􀁾􀀠 ATTEST: OFFICE OF THE CITY SECRETARY R03-100 
(11,0 SECTIONCA CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT is made and entered into this _28_ day of _October_, 2003--, by and between the Town of Addison, of
the County of Dallas and State of Texas, acting through its Mayor or City Manager, thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and __Rebcon,
Inc. , of the City of __Dallas , County of __Dallas , State of _Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payment
and agreement hereinafter mentioned, to be made and performed by the OWNER, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete construction of certain improvements
as follows: Removal, Grading and Paving Richard Byrd Drive Pavement Replacement and all extra work in connection therewith, under the terms as stated in the General and Specific Provisions
of the AGREEMENT; and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto and in accordance with the Advertisement
for Bids. Instructions to Bidders, General Provisions. Special Provisions. Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications
and Addenda thereto, as prepared by the OWNER, each of which has been identified by the endorsement of the CONTRACTOR and the OWNER thereon, together with the CONTRACTOR's written Proposal
and the General Provisions, all of which are made a part hereof and col1ective1y evidence and constitute the entire AGREEMENT. The CONTRACTOR hereby agrees to commence work within ten
(10) calendar days after the date of written notice shall have been given to him, and to complete all work within the number of days submitted in the proposal form after he commences
work, subject to such extensions of time as are provided by the General Provisions. The OWNER agrees to pay the CONTRACTOR $ 222,740.50 in current funds for the performance of the Contract
in accordance with the Proposal submitted thereof, subject to additions and deductions, as provided in the General Provisions, and to make payments of account thereof as provided therein.
CA-l 
IN WITNESS THEREOF, the parties ofthese presents have executed this AGREEMENT in the year and day first above written. TOWN OF ADDISON ATTEST: (OWNER) 􀁂􀁙􀁾􀁾􀁵􀀮􀁵􀀭􀁏 ::::J 􀁻􀁬􀁊􀁪􀁜􀁦􀀪􀁊􀁾􀀺􀁊
City Secretary Party of the Second Part (CONTRACTOR) ATTEST: By:--L.->r-&==--_I-A,t--=-___ The following to be executed if the CONTRACTOR is a corporation: I, 􀁒􀁯􀁢􀁾􀁲􀁴􀀠C. Bibby,
certiJY that I am the secretary of the corporation named as CONTRACTOR herein; that R. E. Burgett--> who signed this Contract on behalf of the CONTRACTOR is the President of said corporation;
that said Richard Byrd Drive Pavement Replacement Contract was duIy signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate
powers, Corporate Seal CA-2 
'REBCONJ,NC. July 30, 2004 Mr. Steve Chutclrian Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Richard Byrd Drive Pavement Replacement _Addison Airport Dear Mr. Chutchian:
After our meeting on-site, Tuesday, July 27,2004 Rebcon has given considerable thought to your verbal directive to mill out I" to 1.5" ofAsphalt and replace it with a fine-graded asphalt.
We have examined the site and found the surface to be superior to the product originally specified. There are some fuel spots that have degraded the asphalt and the striping is not to
our otandards. Rebcon will attempt to root out any visible spots where the spilled fuel has degraded .the asphalt when we come to a fmal agreement to the solution to tlris problem. .
. The original problem seems to have been forgotten, which was a cosmetic issue WIth the joints. There was aggregate releasing due to excessive raking at 􀁴􀁨􀁾􀀠joiri'ts, and Rebcon
􀁾􀁣􀁣􀁥􀁰􀁴􀁥􀁤􀀠.' responsibility for this as our workmanship. We were going t'emil! and "eplace the the joints at 'Jll1 expense, but your office was concerned about having two joints
instead ofone. Rebcon, in consideration ofyour wishes, and at greater expense to us, searched for another solution. At the meeting on June 18, 2004 Rebeon presented to you and your staff
an FAA specifIed product (coal ter emulsion) to solve the joint problem which was recommended to us by TXDOT AviatIOn. You agrced the product was acceptable and said to proceed with
the coal tar emulsion, and we completed this after repairing some drainage problems. At the on-site meeting on July 1.7 you said the coal tar emulsion has compromised the entire surface,
and it had to be removed. We see no evidence ofthat and disagree completely. The majority ofthe surface is in perfect condition except for some groups of small areas were the asphalt
under the seal coat has lost its adhesive properly's. On the surface ofthe coal tar there are many fuel spots that have been spilled since the coal ter was placed. This has happened
in a 2 week time frame. It is therefore reasonable to assume that the time frame from when we paved the asphalt to the time the coal tar was placed that there would be about 12 times
as many fuel spots on the asphalt prior to the coal tar emulsion being placed. We don't know the cause of the fuel spills on the pavement area; whe.ther the planes are emptying their
fuel/water separators, if youjUstIiave a lotofleaky 􀁰􀁬􀁡􀁾􀁥􀁳􀀬􀀠or fueling trucks, but the product you 􀁨􀁡􀁶􀁾􀁮􀁯􀁜􀁹􀀠is. resistant to fuel arid5vill provide ij longerJifeunder
lhe'currel)t conditions than just asphalt as origiilal!y specified..' . ". '. . .' . . . ........ .... . Fuel spills pnor to the 􀁥􀁭􀁵􀁬􀁳􀁩􀁾􀁮􀀮􀁢􀁥􀁩􀁮􀁧􀀠placed have damaged the
asphalt in small spots across the pavement. Rebcon does not accept re'sponsibility for this damage, and we believe tliatthe practices employed by your tenants caused this and would do
the same thing to any asphalt 1868 W. NORTHWEST HWY. DALLAS. TEXAS 75220 972/444-8230 
REBCON,'NC. surface. We believe the best chance for getting you the best long term product is to repair the • areas that are pulling up where the fuel was spilled. We will root out the
obvious fuel damaged· • areas of asphalt and replace the emulsion cap. Rebcon is willing to do this at our expense even though this is not a workmanship issue. Another issue brought
up at the July 27 meeting was that you could turn your tires and cause the surface to deform. I tried this practice with my truck and only slightly marred the surface. It was about 85"F
when we tried this at the end ofthe meeting. I have found that this is common with asphalt as it is a flexible pavement and will deform under certain loads especially in higher temperatures.
I believe there are only a few asphalts that would resist marring to the extent you may want such as-stone matrix asphalt or asphalt with very hard oil. Superpave guidelines say to use
one or two grades higher ofoil for slow Or standing traffic, which is certainly the case in this situation. Since PG64-22 is standard and what was specified in this climate you might
go to PG70 or PG76 in future projects ofthis nature ifyou want to reduce the marring characteristics of the asphalt. I realize that this does not apply to the fuel damaged areas because
those appear to have no adhesion in the top inch or so ofthe asphalt. We are displeased when we have an Owner that is unhappy with the work we do for them. This is a rare situation for
us, and we've gone to a lot ofexpense without complaining to try to make things right for the Town ofAddison and the Airport. However, having gone to this expense and effort only to
have to remove and replace the product is an unreasonable request. The original.:.' work was tested and accepted and the corrective action we were taking was only to correct a .". cosmetic
workmanship issue. We provided an FAA approved seal coat which has enhanced your pavement not only cosmetically but has provided fuel resistance and structural value. We would like to
resolve resolve this issue by re-striping and repairing the exposed fuel damaged areas, but we would first like to meet with you and Jim Pierce to discuss possible solutions. Please
reconsider your position and let us know what you decide, Sincerely, REBCON, INC. 􀀮􀁾􀁾􀀭􀀭 Cc: Ron Whitehead -City Manager Jim Pierce -Public Works 1868 W. NORTHWEST HWY. OALLAS, TEXAS
75220 972/444-8230 
REBCON,'NC. July 30, 2004 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Richard Byrd Drive Pavement Replacement Addison Airport Ner ,/" Dear Mr. Chutchian:
//After our meeting on-site, Tuesday, July 27 􀀧􀀲􀀰􀀻􀁴􀁾􀁯􀁮 has given considerable thought to your verbal directive to mill out I" to 1.5" ofAsphal nd replace it with a fme-graded
asphalt. We have examined the site and found the surface be superior to the product originally specified. There are some fuel spots that have degraded tfie aspfuiJ! and the striping
is not to our standards. Rebcon will attempt to root out any visible spots where the spilled fuel has degraded the asphalt when we come to a fmal agreement to the solution to this problem.
/" ,("V(...\ \ \ 􀁾􀀠 The original problem seems to have been forgotten, which was a cosmetic issue with the joints. There was aggregate releasing due to excessive raking at the joints:
and Rebcon accepted responsibility for this as our workmanship. We were going to mill and replace the joints at our expense, but your office was concerned about having two joints instead
ofone. Rebeon, in consideration ofyour wishes, and at greater expense to us, searched for another solution. At the meeting on June 18,2004 Rebcon presented to you and your staff an FAA
specifIed product (coal tar emulsion) 10 solve the joint problem which was recommended to us by TXDOT Aviation. You agreed the product was acceptable and said to proceed with the coal
tar emulsion, and we completed this after repairing some drainage problems. At the on-site meeting on July 27 you said the coal tar emulsion has compromised the entire surface, and it
had to be removed. We see no evidence ofthat and disagree completely. The majority ofthe surface is in perfect condition except for some groups ofsmall areas were the asphalt under the
seal coat has lost its adhesive property's. On the surface ofthe coal tar there are many fuel spots 􀁴􀁨􀁡􀁴􀁾􀁥 been spilled since the coal tar was placed. This has happened in a 2
week time frame. It is therefore reasonable to assume that the time frame from when we paved the asphalt to the time the coal tar was placed that there would be about 12 times as many
fuel spots on the asphalt prior to the coal tar emulsion being placed. We don't know the cause ofthe fuel spills on the pavement area; whether the planes are emptying their fuel/water
separators, if you just have a lot of leaky planes, or fueling trucks, but the product you have now is resistant to fuel and will provide a longer life under the current conditions than
jus! asphalt as originally specified. Fuel spills prior to the emulsion being placed have damaged the asphalt in small spots across the pavement. Rebeon does not accept responsibility
for this damage, and we believe that the practices employed by your tenants caused this and would do the same thing to any asphalt 1868 W. NORTHWEST HWY. DALLAS, TEXAS 75220 972/444-8230

REBCON,INC. surface. We believe the best chance for getting you the best long term product is to repair the areas that are pulling up where the fuel was spilled. We will root out the
obvious fuel damaged areas ofasphalt and replace the emulsion cap. Rebcon is willing to do this at our expense even though this is not a workmanship issue. Another issue brought up at
the July 27 meeting was that you could turn your tires and cause the surface to deform. I tried this practice with my truck and only slightly marred the surface. It was about 8SOp when
we tried this at the end ofthe meeting. I have found that this is common with asphalt as it is a flexible pavement and will deform under certain loads especially in higher temperatures.
I believe there are only a few asphalts that would resist marring to the extent you may want such as stone matrix asphalt or asphalt with very hard oiL Superpave guidelines say to use
one or two grades higher ofoil for slow or standing traffic, which is certainly the case in this situation. Since PG64-22 is standard and what was specified in tms climate you might
go to PG70 or PG76 in future projects of this nature ifyou want to reduce the marring characteristics of the asphalt. I realize that tlris does not apply to the fuel damaged areas because
those appear to have no adhesion in the top inch or so ofthe asphalt. We are displeased when we have an Owner that is unhappy with the work we do for them. This is a rare situation for
us, and we've gone to a lot ofexpense without complaining to try to make things right for the Town ofAddison and the Airport. However, having gone to tlris expense and effort only to
have to remove and replace the product is an unreasonable request. The original work was tested and accepted and the corrective action we were taking was only to correct a cosmetic workmanship
issue. We provided an FAA approved seal coat which has enhanced your pavement not only cosmetically but has provided fuel resistance and structural value. We would like to resolve this
issue by re-striping and repairing the exposed fuel damaged areas, but we would first like to meet with you and Jim Pierce to discuss possible solutions. Please reconsider your position
and let us know what you decide. Sincerely, REBCON, INC. 􀀮􀁾􀁾􀀭􀀭􀀭 Cc: Ron Whitehead -City Manager Jim Pierce -Public Works 1868 W. NORTHWEST HWY. DALLAS, TEXAS 75220 872/444-8230

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Fee Cl (Endorsement RequIred) f-----'-----'--...'L---j o Restricted Delivery Fee 􀁾􀀠Sent To RE ec0(1/) -I-"/t--c . PS Form 3800, January 2001 See Reverse for Instructions 
li 1? If YES. enter delivery address below: 3. ServpType Ilr"'"Certified Mall 0 􀁅􀁸􀁾 Mail Ii 0 Registered f'iifo'lidfl ·ptf '1 j IP.re 0 Insured Mail 0 C.O.D_ 4. AeslJiCted Delivery?
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____________________________________ _ 􀁾􀁾􀁾􀁟􀁾􀀡􀀡􀀡􀁩􀁉􀀮􀀬􀀠 Public Works I Engineering 16801 Weslgrove' P.O. 80x 9010 Addison, Texos 75001 Telephone: (9721 450·2871 • Fox: [972J
45()'2837 OATE JOB NO. ATTENTION RE: GENTLEMAN: WE ARE SENDING YOU 􀁾􀁨􀁥􀁤􀀠 D Under separate cover via ______ the following items: D Shop Drawings D Prints D Plans D Samples 0 Specifications
D__________________________ D Copy of letter D Change order COPIES DATE NO. J rHESE ARE TRANSMITTED as checked below: D For approval 0 Approved as submitted D Resubmit _______ copies
for approval 􀁾􀁆􀁯􀁲 your use 0 Approved as noted D Submit copies for distribution D As requested D Returned for corrections D Return corrected prints D For review and comment 0 o FOR
BIDS DUE __________ 1t1___ o PRINTS RETURNED AFTER LOAN TO US REMARKS ___________________________ ::OPYTO 􀁓􀁉􀁇􀁎􀁅􀁄􀀺􀀭􀀫􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 If enclosures are not as
noted, please n 
I: I􀁾 ij i -1 LETTER OF Job No. 39131 The HNTB Companies TRANSMITTAL Date 5910 WQll\ Plano Palkwl!..Y. Suite 200 -?ano, Taxa&: 75093 (912) 6&1 􀁾􀀠 July 14,2004 To: 􀁾􀁍􀁲􀀮􀀠Jim Pierce
Re: 16801 Westgrove Drive Richard Byrd Drive Supplemental Agreement No. 1 : Addison, Texas 75001-9010 WE ARE FORWARDING TO YOU: NO. OF COPIES SHEET NO. lAST DATED 1 7112104 , DESCRIPTION
Original Executed SUEElemerJtal Agreement No.1 THESE ARE TRANSMITTED: D For approval 􀁾􀀠Foryouruse D As requested D For review & comment PLEASE NOTE; 􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀮 􀁾􀀭􀁾..--..􀁾..-------.
Jim, Enclosed is the subject for your files and records. iRegards, ! ( COPY TO: file Erica Bourne', Project Administrator 
SUPPLEMENTAL AGREEMENT This Supplemental Agreement, Number 1, to the AGREEMENT FOR ENGINEERING SERVICES, dated July 31,2003 (the Agreement), between Town of Addison (Owner) and HNTB
Corporation (Engineer) is made effective as of the 16th day of April, 2004. 1. Engineer shall perform the following Services: • See Attachment A 2. In conjunction with the performance
of the foregoing Services, Engineer shall provide the submittals/deliverables (Documents) to Owner: • See Attachment B 3. Engineer shall perform the Services and deliver the related
Documents (if any) according to the following schedule: All task listed in item one (1) will be completed within one (1) week of being given Notice-To-Proceed. In return for the performance
of the foregoing obligations, Owner shall pay to Engineer the amount of $2,000, for a total contract amount of $26,851, payable according to the following terms: Payments will be made
based upon the provisions of the original contract, with a corresponding increase in the total contract amount. Except to the extent modified herein, all terms and conditions of the
Agreement shall continue in full force and effect. Town of Addison HNTB Corporation 􀀨􀁏􀁾􀀬􀀬􀀩􀀠 (Engineer) 11 '$ -i!f:j Signature: 􀁾􀀠 51",,,",,, 􀁾􀁊􀁾 b" Name: Iet?;f' 􀁾􀀠 Name:
Benjamin J. Biller Title: •A:5sl:, f!tU-􀁄􀁭􀀮􀁾􀀠 Title: Vice President Date: 1-1-0'f Date: 􀁾􀀯􀀻􀁴􀁦􀀧􀁎􀀠04116104 39131 • SA No.1 Richard Byrd Drive 
ATTACHMENT A SCOPE Scope of services will include drilling of soil borings by drill crews under Consultants direct supervision, laboratory testing of representative soil samples for
pertinent engineering properties, and preparation of an engineering report. Three borings will be drilled to a depth of about 10 feet below existing grade. These borings will be advanced
using a truck-mounted drill rig through holes cut through the existing pavements. Two bulk soil samples will also be obtained to perform CBR tests. The holes will be backfilled with
cuttings and the pavement surface patched with cold-mix asphalt or ready-mix concrete. 04/16104 39131 -SA No.1 Richard Byrd Drive 
ATTACHMENT B DELIVERABLES Upon completion of drilling operations, the samples will be subjected to laboratory tests (that will include moisture content, Atterberg limits, one lime series,
and two CBR tests) followed by the preparation of a written report. The engineering report will include the following items: • Information on site conditions and special site features.
• Description of the field exploration and laboratory tests performed. • Final logs of the soil borings and records of the field exploration in accordance with the standard practice
of geotechnical engineers. A site location plan will be included. and the results of the laboratory tests will be plotted on the final boring logs or included on a separate test report
sheet. • Results of two CBR tests. • Results of one lime series test. • Recommendations for subgrade preparation beneath pavements. 04116104 39131 • SA No.1 Richard Byrd Drive 
REBCONJ,NC. April 30, 2004 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Richard Byrd Drive Pavement Replacement Addison Airport Dear Mr. Chutchian: In
response to your correspondence dated April 28, 2004 regarding the referenced project, please find the following: • As I stated in my letter to Mr. Jim Pierce, dated February 2, 2004,
the pavement was accepted by the Town ofAddison on December 19,2003 upon which the maintenance period began .. • Rebeon was, and still is, more interested in providing a satisfactory
solution to this problem than arguing if it is a maieTials and workmanship issue, so we agreed to correct the problem. The problem is cosmetic in nature, not structural, and the solution
you agreed with on Mm'Ch 17,2004 would have addressed this problem. • The work has not been performed yet, so, ofcourse, the problem still exists. In Rebeon's and Lewisville Paving's
opinion. furrher deterioration has not occurred such that the heavy sand/seal coat would no longer be a a viable solution. Rebcon should be able to determine what it thinks is the best
available option whieh all parties would be pleased with. The Airport Staff is very concerned about aesthetics and durability, and we think this solution addresses both ofthose issues
in a positive way. We would not intentionally recommend a solution that would cause both the Owner and Rebcon problems in the future. • Upon your approval of our proposed solution, Rebeon
entered into a Subcontract agreement with Lewisville Paving Co. The agreement was entered into in good faith knowing the work would be perionned, and now you have suddenly cancelled
work which Lewisville Paving was prepared to perform. • Mr. Walter Holloway, President of Lewisville Paving, said the optimum time to perform the work was mid to late April, because
oftemperature, and you agreed to this time frame. Mr. Greg Krieg, ofReb con, Inc., has been arranging an agreeable construction time with Mr. Luis Elguezabal, Assistant Director ofAddison
Airport, since late in the week of April 19. Mr. Eiguezabel's schedule, air temperature, precipitation, and Lewisville Paving's.,5chedulc all have to be caordinated in order to perform
the work. If you desire;' please confirm this with Mr. Elguezabel. • Rebcon has not failed to expediie the work in an expedient manner, and· we were preparing to. perform the work until
you .ca\led Mr. Krieg to stop our efforts on Wednesday, Aprii'28, 2004 .. My. Krieg was waiting until the end ofApril, because he 1868 W. NORTHWEST HWY. DALLAS. TEXAS 75220 972/444-8230

wasconcerned about temperatures, and he wanted the optimum performance of the seal coat. We were under the impression theTown and the Airport wanted the best performance ofthe material
rather than a specific date, until you called Mr. Krieg. • Standard Section 1.42.1, Removal of Defective and Unauthorized work, is not applicable to this situation, because the work
was inspected, tested, and accepted by the Town of Addison. Rebcon has agreed to correct the problem as a maintenance issue. • Mr. Krieg met with you at the project site on Thursday
morning, April 29, 2004, to discuss the issue. The Town and Airport suggested Microsurfacing as a possible solution to the problem, and requested Rebcon to pursue this option. Rather
than pursue this idea, or any other solutions which may be accepted and rejected at a later date, Rebcon wi II hire a consulting engineer to properly study the problem and issue an opinion
as to what the correct solution is according to industry standards. We will present this solution to to your fOI' your approval. • Rebcon had a mutually agreed upon solution with the
Town ofAddison, which you recently rejected, so we have not caused the delay. We will not be subject to an arbitrary fourteen (14) calendar day correction period, but we will work in
an expedient manner to find a mutually agreeable solution so the problem is corrected properly. Nor will we be subject to the deduction of monies due Rebcon. As stated earlier, this
is a maintenance issue, so Rebcon has earned all monies due. • Mr. Krieg told me, at the April 29 meeting you said to disregard the letter you were sending regarding this issue. We cannot
disregard allegations which damage our credibility and have such serious implications. Unfortunately, this problem exists, and in the future we would be very pleased to have a meeting
to discuss any problems or issues you have, rather than receive sllch a letter. We believe a meeting with all responsible palties would be more beneficial and solve the problem sooner.
Apparently I have offended you by requesting final payment for this project. My understanding was that Rebcoll would not request final payment until a solution was found and agreed upon.
We did this as a show of good faith, even though the project had been completed and accepted. Upon your acceptance of our solution to this problem, I then started pursuing final payment.
One reason I have called the Airport twice for payment help is because of the confusing issue of funding for this project and who is responsible for payment. Our second application for
payment took a very long time for processing, and I had to contact several people to find out when we would receive payment. I apologize if you had a different understanding, and we
will continue to wait for full payment until this problem is corrected if that is your desire. Sincerely, REBCON, INC. :I, 
April 28, 2004 REBCON, INC. 1868 WEST NORTHWEST HIGHWAY DALLAS TEXAS 75220 Attention: Mr. Robert Bibby Re: Town of Addison, Texas Richard Byrd Drive Pavement Replacement Final Acceptance
of New Asphalt Pavement Dear Mr. Bibby, Please refer to Rebcon, Inc.'s correspondence ofMarch 15,2004 to Mr. Steve Chutchian, Town of Addison, in which a procedure is outlined for the
repair ofasphalt pavement in a taxiway area at the Addison Airport. The pavement had been previously rejected by the Town ofAddison as defective and failing to conform to contract requirements.
The correspondence outlined a method ofrepair which was subsequently verbally accepted by the Town of Addison on March 17, 2004 with a mutually agreed upon completion date of mid to
late April, 2004. The failute of Rebcon, Inc. to perform the agreed upon repair in an expedient manner has resulted in an increase in asphalt pavement deterioration such that the seal
coat treatment is no longer an acceptable solution. The Town of Addison will require removal and replacement ofthe defective area in a manner acceptable to the Town. Rebcon, Inc. must
submit a plan method of removal and replacement fur approval by the Town prior to the work. Please further consider this letter as furmal notice of the intent of the Town of Addison
to exercise their authority if necessary under Standard Specification 1.42.1 Removal of Defective and Unauthorized Work. Rebcon, Inc. will be allowed fourteen (14) calendar days from
the receipt of this notice to submit a plan, obtain approval of the plan from the Town, and complete the removal and replacement of the asphalt pavement to the complete satisfaction
of the Town. The Town will remedy the defective work and deduct the cost of such from the monies due Rebcon, Inc. should Rebcon, Inc. fail to replace the defective work within this allotted
time. 
DATE SUBMITTED: January 6, 2004 FOR COUNCil MEETING: January 13, 2004 Council Agenda ltem: __ SUMMARY: This item is for final payment and acceptance ofimprovements perfbrmed by Rebcon,
mc. fur the Richard Byrd Drive Pavement Reconstruction Project. FINANCIAL IMPACT: Budgeted Amount: $400,750 Construction Cost: $229,622.47 Funding Source: 2004 Addison Airport Operating
Budget BACKGROUND: Washington-Staubach determined that the pavement on Richard Byrd Drive was severely deteriorated and in need ofimmediate reconstruction. There were several large failures
in the pavement that were being temporarily covered by metal plates for access and safety. The firm ofHNTB Corporation prepared engineering plans and specifications for construction
ofthese improvements. The project was programmed by the Addison Airport and will be funded from the operating fund account. A contract was awarded to Rebcon, mc. fur construction ofthis
project. The original contract price for these improvements was $222,740.50. The final construction cost ofthis project is $224,622.47, which represents a $1,881.97 increase from the
original contract amount. The final construction cost was the result ofunscheduled increases in certain quantities, including additional 3" Cement Treated Base material, in the amount
of$1,688.00, and other miscellaneous quantity increases. m addition, this project included an incentive/disincentive provision; whereby, the contractor would be awarded $250.00 per day
for early completion ofthe project, to a maximum award of$5,000.00. The Town acknowledged the successful completion ofthe construction improvements twenty (20) calendar days prior to
the established sixty (60) day period set forth in the contract. Consequently, the total value ofthis project is increased by $5,000.00 (20 days x $250.00/day) to $229,622.47, which
reflects the addition ofthe incentive payment to the final construction cost. The contractor has submitted his Affidavit ofBills Paid, Consent ofSurety Company to Final Payment, and
One-Year Maintenance Bond. RECOMMENDATION: Staff recommends that Council authorize final payment of$27,462.25 to Rebcon, mc., and accept construction ofthe Richard Byrd Drive Pavement
Reconstruction Project. 
Do not hesitate to contact us if you have any questions. Yours truly, Town ofAddison Steven Z. Chutchian, P.E. Assistant City Engineer Via Certified U.S. Mail, Return Receipt Requested
Cc: Michael E. Murphy, P.E. Jerry Holder, P.E. Jim Pierce, P.E. 
􀁾􀀡􀀱􀁧􀁩􀁮􀁾􀂧􀀡􀁲􀁩􀁮􀁧􀀠Brief # 46A Page 1 of 43 Engineering Brief # 46A July 12, 1995 Engineering Brief No. 46A, Coal-Tar Pitch Emulsion Seal Coat: AAS-200 All Regions Attn: Manager}
Airports Division Enclosed is a copy of Engineering Brief No. 46A. In an effort to clarify the intent of Item P-625, Coal-Tar Pitch Emulsion Seal Coat T issued under Engineering Brief
No. 46 1 this engineering brief separates Item P-625 into three specifications, as follows: 1. Item P-625, Coal-Tar Pitch Emulsion Seal Coat. This is a specification for a plain coal
tar seal coat. The sand loading ranges from 2 to 5 pounds per gallon of emulsion. 2. Item P-627, Rubberized Coal-Tar Pitch Emulsion Seal Coat. This is a specification for a coal tar
seal coat with a rubber additive. The sand loading is 3 to 8 pounds per gallon of emulsion. 3. Item P-628, Rubberized Coal-Tar Pitch Emulsion Slurry Seal. This is a specification for
a coal tar slurry with a rubber additive. It can be used to level minor irregularities in the pavement pavement and provide a fuel resistant surface. The sand loading is from 16 to 20
pounds per gallon of emulsion. Please advise this office of any problems encountered in the laboratory or field while using the revised specifications. Sincerely, ORIGINAL SIGNED BY
Richard J. Worch DJuly 12 1995 ENGINEERING BRIEF NO. 46A COAL-TAR PITCH EMULSION SEAL COAT The purpose of this engineering brief is to clarify the intent of Item P-625, Coal-Tar pitch
Emulsion Seal Coat, issued under Engineering Brief No. 46. The specification has options for a plain or rubberized seal coat and for sand loadings from 4 to 20 pounds per gallon of emulsion.
In implementing the specification, several problems surfaced. In numerous cases, the project specifications allowed the contractor to determine the sand loading since the entire range
of sand loadings was included in the specification. Also, due to the wording of the specification, many engineers were unaware that a plain coal-tar seal coat could be specified. In
an effort to remedy this situation the Item P-625 specification has been broken down into three separate specifications, as follows: http://www.faa.gov/arp/engineering/briefs/eb46a.htm
6/10/2004 
sngineE\ring Brief # 46A Page 2 of 43 1. Item P-625, Coal-Tar Pitch Emulsion Seal Coat. This is a specification for a plain coal tar seal coat. The sand loading ranges from 2 to 5 pounds
per gallon of emulsion. 2. Item P-627, Rubberized Coal-Tar Pitch Emulsion Seal Coat. This is a specification for a coal tar seal coat with a rubber additive. The sand loading ranges
from 3 to 8 pounds per gallon of emulsion. 3. Item P-628, Rubberized Coal-Tar Pitch Emulsion Slurry Seal. This is a specification for a coal tar slurry seal. It can be used to level
minor irregularities in the pavement surface and provide a fuel resistant surface. the sand loading ranges from 16 to 20 ponds per gallon of emulsion. It is up to the design engineer
to determine the appropriate specification to use, depending on the condition of the pavement. ORIGINAL SIGNED BY Richard J. Worch Civil EngineerJuly 12, 1995 ENGINEERING BRIEF NO. 46
A ITEM P-625 COAL-TAR PITCH EMULSION SEAL COAT DESCRIPTION 625-1.1 This item shall consist of an application of a coal-tar emulsion seal coat, with or without mineral aggregate, applied
on an existing, previously prepared bituminous surface, in accordance with these specifications for the area shown on the plans or as designated by the Engineer. The material is intended
for use as a fuel resistant sealer. MATERIALS 625-2.1 AGGREGATE. The aggregate shall either be a natural or manufactured angular aggregate and shall be composed of clean, hard, durable,
uncoated particles, free from lumps of clay and all organic matter. The aggregate shall meet the gradation in Table 1, when tested in accordance with ASTM C 136. TABLE 1. GRADATION OF
AGGREGATES Sieve size Percentage By Weight Passing Sieves No. 8 (2.36 mm) 100 No. 16 (1.18 mm) 97-100 No. 20 (0.85 mm) 85-100 No. 30 (0.60 mm) 15-85 No. 40 (0.40 mm) 2-15 No. 50 (0.30
mm) No. 100 (0.15 mm) 0-2 625-2.2 BITUMINOUS MATERIALS. The bituminous material shall be a coal-tar pitch emulsion prepared from a high temperature, coal-tar pitch conforming to the
requirements of ASTM D 490, grade 11/12. Oil and water gas tar shall not be used even though they comply with ASTM D 490. The coal-tar pitch emulsion shall http://www.faa.gov/arp/engineering/briefs/e
b46a.htm 6/10/2004 
E,nginee,ring Brief # 46A conform to all requirements of Federal Specification R-P-35S except that the water content shall not exceed 50 percent. 625-2.3 WATER. The water used in mixing
shall be potable and free from harmful soluble salts. The temperature of the water added during mixing shall be at least 50 degrees F (10 degrees C). The pH of the water added during
mixing shall conform to the requirements of the coal-tar emulsion 􀁭􀁡􀁮􀁵􀁦􀁡􀁣􀁴􀁵􀁲􀁥􀁲􀁾􀀠 COMPOSITION AND APPLICATION 625-3.1 COMPOSITION. The coal-tar pitch emulsion seal coat
shall consist of a mixture of coal-tar pitch emulsion, waterl and aggregate in proportions that fall within the ranges shown in Table 2. 625-3.2 JOB MIX FORMULA. The contractor shall
submit the recommended formulation of water, emulsion j and aggregate and application rate proposed for use to the Engineer at least [ 1 days prior to the start of operations. The mix
design shall be within the range shown in Table 2. No seal coat shall be produced for payment until a job mix formula has been approved by the Engineer. The formulation shall pass the
fuel resistance test in Appendix A. The job mix formula for each mixture shall be in effect until modified in writing by the Engineer. * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * Improper formulations of coal-tar pitch emulsion seal produce coatings that crack prematurely or do not adhere properly to the pavement surface. A minimum of 5 days is recommended
for job mix approval. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TABLE 2. COMPOSITION OF MIXTURE composition and Quantities Type of Water Aggregate Application Rate
Seal Coat gaL/gal. lbs/gal. gal./sq.yd. of ernul. of emul. (per application) Sand Slurry 0.15 (max) 2-5 0.15-0.20 Plain Emulsion 0.10 (max) 0.08-0.10 625-3.3 APPLICATION RATE. The sand
slurry coal-tar emulsion seal coat shall be applied in two coats. The application rate submitted with the job mix formula shall be verified during placement of the test section and shall
fall within the limits shown in Table 2. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * When, in the opinion of the Engineer, an area will be subjected to heavy fuel spillage,
a final application of plain emulsion, on a sand slurry seal coat, may be made at the rate of 0.075 to 0.10 gallons per square yard (0.36 Page 3 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.
htm 6/10/2004 
􀁅􀀬􀁮􀁧􀁩􀁮􀁥􀁾􀁲􀁩􀁮􀁧􀀠Brief # 46A to 0.5 liters per square meter). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 625-3.4 TEST SECTION. Prior to full production, the
Contractor shall prepare a quantity of mixture in the proportions shown in the approved mix design. The amount of mixture shall be sufficient to place a test section a minimum of 250
square yards at the rate specified in the job mix formula. The area to be tested will be designated by the Engineer and will be located on a representative section of the pavement to
be seal coated. The actual application rate will be determined by the Engineer during placement of the test section and will depend on the condition of the pavement surface. The test
section shall be used to verify the adequacy of the mix design and to determine the application rate. The same equipment and method of operations shall be used on the test section as
will be used on the remainder of the work. If the test section should prove to be unsatisfactory, the necessary adjustments to the mix composition, application rate, placement operations,
and equipment shall be made. Additional test sections shall be placed and evaluated, if required. Full production shall not begin without the Engineer's approval. Acceptable test sections
shall be paid for in accordance with paragraph 625-7.1. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The test section affords the Contractor and the Engineer an opportunity
to determine the quality of the mixture in place as well as the performance of the equipment. The application rate depends on the surface texture. If operational conditions preclude
placement of a test section on the pavement to be seal coated, it may be applied on a pavement with similar surface texture. * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* CONSTRUCTION METHODS 625-4.1 WEATHER LIMITATIONS. The seal coat shall not be applied when the surface is wet or when the humidity or impending weather conditions will not allow proper
curing. The seal coat shall be applied only when the atmospheric or pavement temperature is 50 degrees F (10 degrees C) and rising and is expected to remain above 50 degrees F (10 degrees
C) for 24 hours, unless otherwise directed by the Engineer. 625-4.2 EQUIPMENT AND TOOLS. The Contractor shall furnish all equipment, tools, and machinery necessary for the performance
of the work. a. Distributors. Distributors or spray units used for the spray application of the seal coat shall be self-propelled and capable of uniformly applying 0.15 to 0.55 gallons
per square yard (0.69 to 2.5 liters per square meter) of material over the required width of application. Distributors shall be equipped with removable manhole covers, tachometers, pressure
gauges, and http://www.faa.gov/arp/engineeringlbriefs/eb46a.htm Page 4 of 43 6/10/2004 
Engineering Brief # 46A volume-measuring 􀁤􀁥􀁶􀁩􀁣􀁥􀁳􀁾􀀠 The mix tank shall have a mechanically powered, full-sweepi mixer with sufficient power to move and homogeneously mix the
entire contents of the tank. The distributor shall be equipped with a positive placement pump so that a constant pressure can be maintained on the mixture to the spray nozzles. b. Mixing
Equipment. The mixing machine shall have a continuous flow mixing unit capable of accurately delivering a predetermined proportion of aggregate, water, and emulsion, and of discharging
the thoroughly mixed product on a continuous basis. The mixing unit shall be capable of thoroughly blending all ingredients together and discharging the material to the spreader box
without segregation. c. Spreading Equipment. Attached to the mixing machine a mechanical-type squeegee distributor, equipped with flexible material in contact with the surface to prevent
loss of slurry from the spreader box. It shall be maintained to prevent loss of slurry on varying grades and adjusted to assure uniform spread. There shall be a lateral control device
and a flexible strike-off capable of being adjusted to lay the slurry at the specified rate of application. The spreader box shall have an adjustable width. The box shall be kept clean;
coal-tar emulsion and aggregate build-Up on the box shall not be permitted. d. Calibration. The Contractor shall furnish all equipment and materials and labor necessary to calibrate
the equipment. It shall be calibrated to assure that it will produce and apply a mix that conforms to the job mix design. Commercial equipment should be provided with a method of calibration
by the manufacturer. All calibrations shall be made with the approved job materials prior to applying the seal coat to the pavement. A copy of the calibration test results shall be furnished
to the Engineer. 625-4.3 PREPARATION OF PAVEMENT SURFACE. Bituminous pavement surfaces which have been softened by petroleum derivatives or have failed due to any other cause shall be
removed to the full depth of the damage and replaced with new bituminous concrete similar to that of the existing pavement. Areas of the pavement surface to be treated shall be in a
firm consolidated condition. They shall be sufficiently cured so that there is no concentration of oils on the surface. A period of [ l days shall elapse between the placement of a bituminous
surface course and the application of the seal coat. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The engineer shall specify the time period. In order to ensure adequate
adhesion and minimize cracking and curling, the pavement surface must be sufficiently cured prior to applying the seal coat. Experience has shown that approximately 90 days of hot weather
(daytime temperatures of 70 degrees F) is needed for adequate curing. One means of determining if the pavement has cured adequately is to pour a cup of water on the pavement surface
http://www.faa.gov/arp/engineering/briefs/eb46a.htm Page 5 of 43 6/10/2004 
Engineering Brief # 46A Page 6 of 43 and observe if any oils appear in the standing water. If oils appear, the surface is not sufficiently cured to accept a seal coat. * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * 625-4.4 CLEANING EXISTING SURFACE. Prior to placing the seal coat, the surface of the pavement shall be clean and free from dust, dirt,
or other loose foreign matter, grease I oil, or any type of objectionable surface film. When directed by the Engineer, the existing surface shall be cleaned with wire brushes and a power
blower. Where vegetation exists in cracks, the vegetation shall be removed and the cracks cleaned to depth of two inches where practical. Those cracks shall be treated with a concentrated
solution of a herbicide approved by the Engineer. Cracks shall then be [ l. Areas that have been subjected to fuel or oil spillage shall be wire brushed to remove any dirt accumulations.
The area shall then be primed with shellac or a synthetic resin to prevent the seal coat from debonding. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Engineer shall
specify the appropriate method of treating cracks depending on the frequency and severity. This may include filling or routing and filling with a compatible crack filler, filling with
a sand slurry at the time it is applied to the pavement surface, milling, etc. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 625-4.5 TACK COAT. A tack coat shall be applied
only if recommended by the emulsion supplier. After the surface has been prepared, a tack coat of 3 parts water to 1 part emulsified binder, as specified in paragraph 625-2.2, shall
be applied at the rate of 0.05 to 0.10 gal/sy of surface. When a tack coat is not specified the pavement shall be dampened with a fog spray of water if recommended by the supplier. No
standing water shall remain on the surface. Following the application, the surface shall be allowed to cure without being disturbed for such period of time as may be necessary to permit
adhesion of the seal coat. This period shall be determined by the Engineer. Suitable precautions shall be taken by the Contractor to protect the surface against damage during this interval.
625-4.6 APPLICATION OF PLAIN EMULSION. Plain emulsion shall be applied at a uniform rate with a distributor at the rate as determined in paragraph 625-3.4. When it is necessary to dilute
the emulsion in order to aid application, the emulsion may be diluted with clean water but not by more than 10 percent. 625-4.7 APPLICATION OF SAND SLURRY. The sand slurry shall be applied
at a uniform rate with a distributor or squeegee at the rate determined in paragraph 625-3.4. When the emulsion, water, aggregate are blended, the material shall be premixed to produce
a homogeneous mixture of uniform consistency. The quantities of materials to be combined in each batch shall be in accordance http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004

Engineering Brief # 46A with the approved mix design. The mixing sequence of the various components shall be the same as indicated in the job mix formula. After all constituents are
in the mixer, the mixing shall continue for approximately five minutes or longer I if necessary. The mixing shall produce a smooth, free flowing homogeneous mixture of uniform consistency.
Slow mixing shall be continuous from the time the emulsion is placed into the mixer until the slurry is applied by distributor truck or poured into the spreading equipment. During the
entire mixing process, no breaking¥ segregating, or hardening of the emulsion nor balling, lumping, or swelling of the aggregate shall be permitted. The slurry shall be applied at a
uniform rate to provide the quantity determined during placement of the test strip. When a spreader box is used, a sufficient amount of slurry shall be fed in the spreader box to keep
a full supply against the full width of the squeegee, so that complete coverage of all surface voids and cracks is obtained. Manufacturer1s recommendations regarding application by spraying
Or squeegeeing should be followed. In areas inaccessible to equipment, the slurry may be applied by means of a hand squeegee. Upon completion of the work, the seal coat shall have no
pin holes, bare spots, or cracks through which liquids or foreign matter could penetrate to the underlying pavement. The finished surface shall present a uniform texture. Each application
shall be allowed to dry thoroughly before the next coat is applied. Suitable precautions shall be taken by the Contractor to protect the surface against damage during this interval.
625-4.8 CURING. The mixture shall be permitted to dry for a minimum of [ 1 hours after the final application before opening to traffic and shall be sufficiently cured to drive OVer without
damage to the seal coat. Any damage to the uncured mixture will be the responsibility of the Contractor to repair. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A minimum
of 24 hours is recommended. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 625-4.9 HANDLING. The mixture shall be continuously agitated from the initial mixing until its
application on the pavement surface. The distributor or applicator, pumps, and all tools shall be maintained in a satisfactory working condition. QUALITY CONTROL 625-5.1 CONTRACTOR'S
CERTIFICATION. The Contractor shall furnish the manufacturer1s certification that each consignment of emulsion shipped to the project meets the requirements of Federal specification
R-P-355, except that the water content shall not exceed 50 percent. The certification shall also indicate the solids and ash content of the emulsion and the date the tests were conducted.
The certification shall be delivered to the Engineer prior to the beginning of work. The manufacturerls certification for the emulsion shall not be interpreted as a basis for final acceptance.
Any certification received shall be Page 7of43 http://www.faa.gov/arp/engineeringlbriefs/eb46a.htm 6/10'2004 
Engineering Brief # 46A subject to verification by testing samples received for project 􀁵􀁳􀁥􀁾􀀠 The Contractor shall also furnish a certification demonstrating their experience in
the application of a coal-tar emulsion seal coat for a minimum of three 􀁹􀁥􀁡􀁲􀁳􀁾􀀠 625-5.2 INSPECTION. The Owner shall have an independent technical consultant on the job site at
the beginning of operations. The consultant shall have knowledge of the materials 1 procedures I and equipment described in this specification and shall assist the Contractor regarding
proper mixing of the component materials and application of the seal coat. The consultant shall have a minimum of 3 years experience in the use of coal-tar seal 􀁣􀁯􀁡􀁴􀁳􀁾􀀠 Documentation
of this experience shall be furnished to the Engineer prior to the start of operations. The cost of the technical consultant shall be included in the bid price. 625-5.3 SAMPLING. A random
sample of approximately one-quart of the composite mix will be obtained daily and stored in a a glass container. The containers shall be sealed against contamination and retained in
storage by the Owner for a period of six months. Samples shall be stored at room temperature and not be subjected to freezing temperatures. A sample of undiluted coal-tar emulsion shall
be obtained from each consignment shipped to the job. 625-5.4 ENGINEER'S RECORDS. The Engineer will keep an accurate record of each batch of materials used in the formulation of the
seal coat. METHOD OF MEASUREMENT 625-6.1 The coal-tar pitch emulsion shall be measured by the gallon (liter) of undiluted coal-tar emulsion. 625-6.2 The mineral aggregate shall be measured
by the ton (kilogram) . BASIS OF PAYMENT 625-7.1 Payment shall be made at the contract unit price per gallon (liter) for the coal-tar pitch emulsion, per ton (kilogram) for the mineral
aggregate. These prices shall fully compensate the Contractor for furnishing all materials; and for all labor, equipment, tools, and incidentals necessary to complete the items. Payment
will be made under: Item P-625-7.1 Coal-Tar Pitch Emulsion-per gallon (liter) Item P-625-7.2 Aggregate -per ton (kilogram) TESTING REQUIREMENTS ASTM 136 Sieve or Screen Analysis of Fine
and Coarse Aggregates Page 8 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
E,ngineElring Brief # 46A Page 90f43 MATERIAL REQUIREMENTS Fed. Spec. P-355 pitch, Coal-Tar Emulsion (Coating for Bituminous pavements) ASTM D 490 Tars, (For Use in Road Construction)
o APPENDIX A FUEL RESISTANCE TEST ITEM P-625 FUEL RESISTANCE TEST ITEM P-625 TEST METHODS CRITERION 1. Scope This method determinesthe resistance of the coal tar emulsion seal coat to kerosene. 2. Apparatus 2.1 :2 611 X 611 square 16 gauge sheet metal masks with a 411 by 4 II square center removed. 2.2 6 11 X 6
11 unglazed white ceramic tile with an absorption rate of 10-18 percent (determined in accordance with ASTM C 67. 2.3 Brass ring, 211 diameter and 2" high. 2.4 Kerosene meeting requirements
of ASTM D 3699. 2.5 Silicone rubber sealant. 3. Procedure 3.1 Immerse the ceramic tile in distilled water for a minimum of ten minutes. 3.2 Remove excess water from the tile to produce
a damp surface before applying the seal coat. 3.3 Using the mask described in 2.1 apply one layer of the coal tar emulsion mixture to the tile. Spread even with the top of the mask using
a spatula or other straight edge. 3.4 Allow the sample to cure for 96 hours at 77 + 2 degrees F. and 50 + 10 percent relative humidity. 3.5 Position a second mask on top of the first
mask. 3.6 Apply a second coat of coal tar emulsion mixture. Spread even with the top of the second mask. 3.7 CUre as in step 3.4. 3.8 After curing, affix the brass ring to the seal coat
on the tile with silicone rubber. 3.9 Fill the brass ring with kerosene. 3.10 After 24 hours, remove the kerosene from the brass ring, blot dry and immediately examine the film for softness
and loss of adhesion. Immediately after the film is examined, break the tile in half, exposing that part of the tile whose film was sUbjected to the kerosene. 3.11 EValuate for penetration
of kerosene through the sealer and loss of adhesion. 4. Report 4.1 Report the results as pass or fail. Visible evidence of leakage or discoloration shall constitute failure of http://www.faa.gov/arp/
engineering/briefs/eb46a.htm 6/10/2004 
2004 Engineering Brief # 46A Page 10 of 43 the test. Criterion:A flpass ll rating in the fuel resistance test is required. DJuly 12, 1995 ENGINEERING BRIEF NO. 46A ITEM P-627 RUBBERIZED
COAL-TAR PITCH EMULSION SEAL COAT DESCRIPTION 627-1.1 This item shall consist of an application of a coal-tar emulsion seal coati with or without mineral aggregate, and with the use
of a latex rubber applied on an existing, previously prepared bituminous surface I in accordance with these specifications for the area shown on the plans or as designated by the Engineer.
The material is intended for use as a fuel resistant sealer. MATERIALS 627-2.1 AGGREGATE. The aggregate shall either be a natural or manufactured angular aggregate and shall be composed
of clean, hard, durable, uncoated particles, free from lumps of clay and all organic matter. The aggregate shall meet the gradations in Table 1, when tested in accordance with ASTM C
136. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The aggregate gradation shall be specified by the Engineer from the gradations shown in this note. The gradation
shall be inserted into Table 1. Asterisks denote insert points. GRADATION OF AGGREGATES Sieve size Percentage By weight Passing Sieves No. 8 (2.36 mm) 100 No. 16 (1.18 mm) 97-100 No.
20 (0.85 mm) 85-100 100 No. 30 (0.60 mm) 15-85 65-95 No. 40 (0.40 mm) 2-15 50-85 No. 50 (0.30 mm) 20-60 No. 100 (0.15 mm) 0-2 0-20 * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * TABLE 1. GRADATION OF AGGREGATES sieve size Percentage By Weight Passing Sieves No. 8 (2.36 mm) * No. 16 (1. 18 mm) • No. 20 (0.85 mm) * No. 30 (0.60 mm) * http://www.faa.gov/arp/engineer
inglbriefs/eb46a.htm 6/10/2004 
Engineering Brief # 46A No. 40 (0.40 mm) * No. 50 (0.30 mm) * No. 100 (0.15 mm) * The gradation shown in Table 1 may be varied to conform with the recommendations of the latex supplier.
627-2.2 BITUMINOUS MATERIALS. The bituminous material shall be a coal-tar pitch emulsion prepared from a high temperature, coal-tar pitch conforming to the requirements of ASTM D 490,
grade 11/12. Oil and water gas tar shall not be used even though they comply with ASTM D 490. The coal-tar pitch emulsion shall conform to all requirements of Federal Specification R-P-355
except that the water content shall not exceed 50 percent. 627-2.3 WATER. The water used in mixing shall be potable and free from harmful soluble salts. The temperature of the water
added during mixing shall be at least 50 degrees F (10 degrees C). The pH of the water added during mixing shall conform to the requirements of the coal tar emulsion manufacturer. 627-2.4
LATEX RUBBER. The rubber shall be a copolymer latex containing 51-70 parts butadiene and 30-49 parts acrylonitrile or styrene with a minimum solids content of 40 percent. Other latex
additives can be used, if approved by the Engineer. The rubber shall be compatible with the coal-tar pitch emulsion used by the Contractor and must mix homogeneously with the coal-tar
emulsion, water, and aggregate in the proportions specified to produce a mixture that will adequately suspend the aggregate during mixing and application. COMPOSITION AND APPLICATION
627-3.1 COMPOSITION. The rubberized coal-tar pitch emulsion seal coat shall consist of a mixture of coal-tar pitch emulsion, water, latex rubber, and aggregate in proportions that fall
within the ranges shown in Table 2. 627-3.2 JOB MIX FORMULA. For a rubberized sand slurry, the Contractor shall submit a job mix formula and application rate to a testing laboratory
together with sufficient materials to verify the formulation. The laboratory shall verify the proportions of emulsion, water, aggregate and rubber using the mix design procedures contained
in Appendix A. The mix design shall be within the range shown in Table 2 and meet the requirements of Table 3. A copy of the mix design and test data shall be submitted to the Engineer
at least [ 1 days prior to the start of operations and shall include as a minimum: a. Water (gal/gal of emulsion) b. Aggregate (lbs/gal of emulsion) c. Rubber (gal/gal of emulsion) d.
Viscosity of total liquids e. Viscosity of composite mix f. pH of water g. Mixing sequence of materials h. scuff resistance, freeze-thaw, adhesion, and fuel resistance. No seal coat
shall be produced for payment until the job mix formula has been approved by the Engineer. http://www.faa.gov/arp/engineering/briefs/eb46a.htm Page 11 of 43 6/10/2004 
E,ngineElring Brief # 46A Rubberized coal-tar emulsion seal coat formulations are sensitive to the characteristics of individual latex additives. Not all products will provide satisfactory
seal coat formulations for all combinations of coal tar emulsion, water, and rubber additive. Water used in the job mix design should be obtained from the source the Contractor proposes
to use in the field. The job mix formula for each mixture shall be in effect until modified in writing by the Engineer. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* Improper formulations of rubberized coal-tar pitch emulsion seal produce coatings that crack prematurely or do not adhere properly to the pavement surface. A minimum of 5 days is recommended
for job mix approval. The quantity of materials (aggregate and rubber) and the application rate (with a fi tolerance) shall be specified by the Engineer, within the ranges shown in this
note. The Engineer should consult with suppliers and applicators to determine the proper quantity of sand and rubber to specify. These quantities and the application rate are a function
of the degree of pavement oxidation. The composition shall be inserted into Table 2. Asterisks denote insert points. COMPOSITION OF MIXTURE Type of Composition and Quantities Seal Coat
Water Aggregate Rubber Application Rate gal./gal. Ibs/gal. gal./gal. gal./sq.yd. of emul. of emul. of emul. (per application) Rubberized Sand slurry 0.65 (max) 3-8 0.03-0.06 0.10-0.20
Rubberized Emulsion 0.65 (max) 0.03-0.05 0.10-0.15 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TABLE 2. COMPOSITION OF MIXTURE Type of Composition and Quantities
Seal Coat Water Aggregate Rubber Application Rate gal. /gal. Ibs/gal. gal./gal. gal./sq.yd. of emul. of ernul. of ernul. (per application) Rubberized * • • * Sand slurry Rubberized Emulsion
* * * TABLE 3 DESIGN CRITERIA Test Property Purpose Criterion Page 12 of 43 http://www.faa.gov/arp/engineeringfbriefs/eb46a.htm 6/1012004 
Page 13 of 43 Brookfield Viscosity Incompatibility 10-90 poises @77F between latex and coal tar Brookfield viscosity Workability of 10-90 poises @77F composite mix Scuff Resistance Rate
of set >100 in-Ibs torque @8 hours Scuff Resistance Final scuff >8 hr torque torque @24 hours Freeze-Thaw Cracking @S cycles < 1 @10 cycles < 3 Adhesion Loss of adhesion Rating = SA
Fuel Resistance Fuel penetration No penetration or Loss of adhesion loss of adhesion adhesion 627-3.3 APPLICATION RATE. The rubberized sand slurry shall be applied in two coats. A third
coat of rubberized emulsion shall be applied, if recommended by the manufacturer. The application rate submitted with the job mix formula shall be verified during placement of the test
section and shall fall within the limits shown in Table 2. * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * When, in the opinion of the Engineer, an area will be subjected
to heavy fuel spillage, a final application of plain emulsion/on a sand slurry seal coat, may be made at the rate of 0.075 to 0.10 gallons per square yard (0.36 to 0.5 liters per square
meter). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 627-3.4 TEST SECTION. Prior to full production, the Contractor shall prepare a quantity of mixture in the proportions
shown in the approved mix design. The amount of mixture shall be sufficient to place a test section a minimum of 250 square yards at the rate specified in the job mix formula. The area
to be tested will be designated by the Engineer and will be located on a representative section of the pavement to be seal coated. The actual application rate will be determined by the
Engineer during placement of the test section and will depend on the condition of the pavement surface. The test section shall be used to verify the adequacy of the mix design and to
determine the application rate. The same equipment and method of operations shall be used on the test section as will be used on the remainder of the work. Two viscosity tests each shall
be made on the total liquids and the composite mix. The average viscosity shall be within fi 15 poises of the job mix viscosity determined in paragraph 627-3.2. Test results shall be
available within 2 days. If the test section should prove to be unsatisfactory, the http;llwww.faa.gov/arp/engineeringlbriefs/eb46a.htm 6/1012004 
Epginee,ring Brief # 46A Page 14 of 43 necessary adjustments to the mix composition, application rate l placement operations, and equipment shall be made. Additional test sections shall
be placed and evaluated, if required. Full production shall not begin without the Engineer's approval. Acceptable test sections shall be paid for in accordance with paragraph 627-7.1.
* * + * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The test section affords the Contractor and the Engineer an opportunity to determine the quality of the mixture in place
as well as the performance of the equipment. The application rate depends on the surface texture. If operational conditions preclude placement of a test section on the pavement to be
sealed, it may be applied on a pavement with similar surface texture. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CONSTRUCTION METHODS 627-4.1 WEATHER LIMITATIONS.
The seal coat shall not be applied when the surface is wet or when the humidity or impending weather conditions will not allow proper curing. The seal coat shall be applied only when
the atmospheric or pavement temperature is 50 degrees F (10 degrees C) and rising and is expected to remain above 50 degrees F (10 degrees C) for 24 hours, unless otherwise directed
by the Engineer. 627-4.2 EQUIPMENT AND TOOLS. The Contractor shall furnish all equipment, tools, and machinery necessary for the performance of the work. a. Distributors. Distributors
or spray units used for the spray application of the seal coat shall be self-propelled and capable of uniformly applying 0.15 to 0.55 gallons per square yard (0.69 to 2.5 liters per
square meter) of material over the required width of application. Distributors shall be equipped with removable manhole covers ,tachometers, pressure gauges, and volume-measuring devices*
The mix tank shall have a mechanically powered, full-sweep, mixer with sufficient power to move and homogeneously mix the entire contents of the tank. The distributor shall be equipped
with a positive positive placement pump so that a constant pressure can be maintained on the mixture to the spray nozzles. b. Mixing Equipment. The mixing machine shall have a continuous
flow mixing unit capable of accurately delivering a predetermined proportion of aggregate, water, emulsion [and rubber] and of discharging the thoroughly mixed product on a continuous
basis. The mixing unit shall be capable of thoroughly blending all ingredients together and discharging the material to the spreader box without segregation. c. Spreading Equipment.
Attached to the mixing machine shall be a mechanical-type squeegee distributor, equipped with flexible material in contact with the surface to prevent loss of slurry from the spreader
box. It shall be maintained to prevent http://www.faa.gov/arp/engineeringlbriefs/eb46a.htm 6/10/2004 
Engineering Brief # 46A loss of slurry on varying grades and adjusted to assure uniform spread. There shall be a lateral control device and a flexible strike-off capable of being adjusted
to lay the slurry at the specified rate of application. The spreader box shall have an adjustable width. The box shall be kept clean; coal-tar emulsion and aggregate build-up on the
box shall not be permitted. d. Calibration. The Contractor shall furnish all equipment and materials and labor necessary to calibrate the equipment. It shall be calibrated to assure
that it will produce and apply a mix that conforms to the job mix design. Commercial equipment should be provided with a method of calibration by the manufacturer. All calibrations shall
be made with the approved job materials prior to applying the seal coat to the pavement. A copy of the calibration test results shall be furnished to the Engineer. 627-4.3 PREPARATION
OF PAVEMENT SURFACE. Bituminous pavement surfaces which have been softened by petroleum derivatives derivatives or have failed due to any shall be removed to the full depth of the damage
and replaced with new bituminous concrete similar to that of the existing pavement. Areas of the pavement surface to be treated shall be in a firm consolidated condition. They shall
be sufficiently cured so that there is no concentration of oils on the surface. A period of [ 1 days shall elapse between the placement of a bituminous surface course and the application
of the seal coat. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The engineer shall specify the time period. In order to ensure adequate adhesion and minimize cracking
and curling, the pavement surface must be sufficiently cured prior to applying the seal coat. Experience has shown that approximately 90 days of hot weather (daytime temperatures or
70 degrees F) is needed for adequate curing. One means of determining if the pavement has cured adequately is to pour a cup of water on the pavement surface and observe if any oils appear
in the standing water. If oils appear, the surface is not sufficiently cured to accept a seal coat. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 627-4.4 CLEANING
EXISTING SURFACE. Prior to placing the seal coat, the surface of the pavement shall be clean and free from dust f dirt, or other loose foreign matter, grease, ail l or any type of objectionable
surface film. When directed by the Engineer, the existing surface shall be cleaned with wire brushes and a power blower. Where vegetation exists in cracks, the vegetation shall be removed
and the cracks cleaned to depth of two inches where practical. Those cracks shall be treated with a concentrated solution of a herbicide approved by the Engineer. Cracks shall then be
[ 1. Areas that have been subjected to fuel or oil spillage shall be wire brushed to remove any dirt accumulations. The area shall then be primed with shellac or a synthetic resin to
prevent the seal coat from debonding. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * http://www.faa.gov/arp/engineeringlbriefsleb46a.htm Page 15 of 43 6/10/2004 
Emgirieering Brief # 46A The Engineer shall specify the appropriate method of treating cracks depending on the frequency and severity. This may include filling or routing and filling
with a compatible crack filler, filling with a rubberized seal slurry at the time it is applied to the pavement surface, milling, etc. * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * 627-4.5 TACK COAT. A tack coat shall be applied only if recommended by the emulsion supplier. After the surface has been prepared, a tack coat of 3 parts water to 1
part emulsified binder, as specified in paragraph 627-2.2, shall be applied at the rate of 0.05 to 0.10 gal/sy of surface. When a tack coat is not specified the pavement shall be dampened
with a fog spray of water if recommended by the supplier. No standing water shall remain on the surface. Following the application, the surface shall be allowed to cure without being
disturbed for such period of time as may be necessary to permit adhesion of the seal coat. This period period shall be determined by the Engineer. Suitable precautions shall be taken
by the Contractor to protect the surface against damage during this interval. 627-4.6 APPLICATION OF RUBBERIZED SAND SLURRY. The rubberized sand slurry shall be applied at a uniform
rate with a distributor or squeegee at the rate determined in paragraph 627-3.4. When the emulsion, waterI aggregate, and rubber are blendedI the material shall he premixed to produce
a homogeneous mixture of uniform consistency. The quantities of materials to be combined in each batch shall be in accordance with the approved mix design. The mixing sequence of the
various components shall be the same as indicated in the job mix formula. After all constituents are in the mixer, the mixing shall continue for approximately five minutes or longer,
if necessary. The mixing shall produce a smooth, free flowing homogeneous mixture of uniform consistency. Slow mixing shall be continuous from the time the emulsion is placed into the
mixer until the slurry is applied by distributor truck or poured into the spreading equipment. During the entire mixing process, no breaking, segregating, or hardening of the emulsion
nor balling, lumping, or swelling of the aggregate shall be permitted. The slurry shall be applied at a uniform rate to provide the quantity determined during placement of the test strip.
When a spreader box is used, a sufficient amount of slurry shall be fed in the spreader box to keep a full supply against the full width of the squeegee, so that complete coverage of
all surface voids and cracks is ohtained. Manufacturer'S recommendations regarding application by spraying or squeegeeing should be followed. In areas inaccessible to equipment, the
slurry may be applied by means of a hand squeegee. Upon completion of the work, the seal coat shall have no pin holes, bare spots, or cracks through which liquids or foreign matter could
penetrate to the underlying pavement. The finished surface shall present a uniform texture. Each application shall be allowed allowed to dry thoroughly before the http://www.faa.gov/arp/engineering/b
riefs/eb46a.htm Page 16 of 43 6/10/2004 
Engineering Brief # 46A Page 17 of 43 next coat is applied. 627-4.7 CURING. The mixture shall be permitted to dry for a minimum of [ 1 hours after the final application before opening
to traffic and shall be sufficiently cured to drive over without damage to the seal coat. Any damage to the uncured mixture will be the responsibility of the Contractor to repair. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A minimum of 24 hours is recommended. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 627-4.8 HANDLING.
The mixture shall be continuously agitated from the initial mixing until its application on the pavement surface. The distributor or applicator, pumps, and all tools shall be maintained
in satisfactory working condition. QUALITY CONTROL 627-5.1 CONTRACTOR'S CERTIFICATION. The Contractor shall furnish the manufacturer's certification that each consignment of emulsion
shipped to the project meets the requirements of Federal specification R-P-355, except that the water water content shall not exceed 50 percent. The certification shall also indicate
the solids and ash content of the emulsion and the date the tests were conducted. The Contractor shall furnish the manufacturer's certification that the latex rubber shipped to the project
meets the requirements or the material specified in paragraph 627-2.4. It shall also indicate that the latex and coal-tar emulsion proposed for use are compatible and that the latex
is recommended for combining with the coal-tar emulsion, water, and aggregate. The manufacturer's certification for the emulsion and rubber shall not be interpreted as a basis for final
acceptance. Any certification received shall be subject to verification by testing samples received for project use. The Contractor shall furnish the manufacturer's certification that
the combination of latex and coal tar emulsion proposed for use has been successfully used in coal tar emulsion seal coat mixtures for a minimum of three years. The Contractor shall
also furnish a certification demonstrating their experience in the application of a rubberized coal-tar emulsion seal coat for a minimum of three 􀁹􀁥􀁡􀁲􀁳􀁾􀀠 All certifications shall
be furnished to the Engineer at least 5 days prior to the start of operations. 627-5.2 QUALITY CONTROL. The Contractor shall have an independent technical consultant on the job site
at the beginning of operations. The consultant shall have knowledge of the materials, procedures, and equipment described in this specification and shall assist the Contractor regarding
proper mixing of the component materials and application of the seal coat. The consultant shall have a minimum of 3 years experience in the use of rubberized coal tar seal coats. Documentation
of this experience shall be furnished to the Engineer prior to the http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
E\lgine€\ring Brief # 46A start of operations. The cost of the technical consultant shall be included in the bid price. Prior to the start of operations, the independent technical consultant
shall perform the viscosity tests in Table 3. The results shall be within fi 15 poises of the job mix viscosity. 627-5.3 SAMPLING. Two random samples of the composite rubberized sand
slurry mix, from each days production, shall be tested for viscosity to determine conformance with the requirements of the job mix formula viscosity for the composite mix, fi 15 poises.
One sample per day may be tested for the other properties of Table 3. In addition, a one-quart sample will be obtained daily and stored in a glass container. The container shall be sealed
against contamination and retained in storage by the owner for a period of six months. Samples shall be stored at room temperature and not be Subjected to freezing temperatures. A sample
of undiluted coal tar emulsion and latex shall be sampled from each consignment shipped shipped to the job. 627-5.4 ENGINEER'S RECORDS. The Engineer will keep an accurate record of materials
used in formulating each batch of the seal coat. METHOD OF MEASUREMENT 627-6.1 The coal-tar pitch emulsion shall be measured by the gallon (liter) of undiluted emulsion. 627-6.2 The
mineral aggregate shall be measured by the ton (kilogram) . 627-6.3 The latex rubber shall be measured by the gallon (liter). BASIS OF PAYMENT 627-7.1 Payment shall be made at the contract
unit price per gallon (liter) for the coal-tar pitch emulsion, per ton (kilogram) for the mineral aggregate!, and per gallon (liter) for the latex rubber. These shall fully compensate
the Contractor for furnishing all materials; and for all labor, equipment, tools, and incidentals necessary to complete the items. Payment will be made under: Item P-627-7.1 Coal-Tar
pitch Emulsion -per gallon (liter) Item P-627-7.2 Aggregate -per ton (kilogram) Item P-627-7.3 Latex Rubber -per gallon (liter) TESTING REQUIREMENTS ASTM 136 Sieve or Screen Analysis
of Fine and Coarse Aggregates MATERIAl REQUIREMENTS Page 18 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
Epgineering Brief # 46A Fed. spec. P-355 pitch, Coal-Tar Emulsion (coating for Bituminous Pavements) ASTM D 490 Tars, (For Use In Road Construction) o APPENDIX A MIX DESIGN PROCEDURE
ITEM P-627 MIX DESIGN PROCEDURE ITEM P-627 TEST METHODS CRITERION This procedure shall be used to determine the capability of the materials furnished by the contractor to produce a seal
coat mix within the range of TABLE 2 and meeting the requirements of TABLE 3. The formulation is a combination of coal tar pitch emulsion, water, sand, and latex rubber. The samples
furnished by the contractor shall be combined in the proportions recommended by the supplier and subjected to a sequence of six tests designed to eliminate any materials Or combination
of materials which do not meet the test criteria. Unacceptable materials in the formulation shall be eliminated from further consideration. BROOKFIELD VISCOSITY Step 1 & 2 l. Scope This
method covers the determination of the Brookfield viscosity, using materials and recommended formulations provided by the Contractor. It is designed to detect formulations that have
incompatible quantities of latex and coal tar emulsion, that might flocculate, that have viscosities too low to suspend sand, and to identify any incompatibilities created by introducing
sand. 2. Definitions 2.1 Brookfield viscosity -the viscosity determined by this method. The viscosity is expressed in centipoises (100 centipoises = 1 poise). Its value may vary with
the spindle speed (shear rate) due to the non-Newtonian behavior of the coal tar emulsion, additive, and the water added. 2.2 Total liquids -coal tar emulsion, additive, and water. 2.3
composite system -total liquids and sand. 3. Apparatus 3.1 Brookfield digital viscometer (model DV-II) and stand. 3.2 Number 1 and 3 HE spindles for DV-II viscometer. 3.3 Paint cans
3.3.1 quart capacity. 3.3.2 gallon capacity. 4. Sample preparation for Step 1 (4.1-4.3) and Step 2 (4.1-4.4) http://www.faa.gov/arp/engineering/briefs/eb46a.htm Page 19 of 43 6/1012004

Engineering Brief # 46A 4.1 Allow components (coal tar emulsion, water, sand, and additive) to reach 77 degrees F. This should take approximately 24 hours. 4.2 Mix coal tar emulsion
and water in container specified in 3.3.2 with 50 strokes of a large laboratory mixing spoon. 4.3 Introduce additive to the mixture with an additional 50 strokes of the laboratory mixing
spoon. Proceed to Step 1. 4.4 Add sand to total liquids with 50 strokes of a large laboratory mixing spoon, for composite mixture. Sand must be added slowly to avoid trapping air in
the mixture. stir composite mixture for 5 minutes and immediately proceed to Step 2. 5. Procedure Step 1 5.1 Fill quart paint can specified in 3.3.1 to within one inch of the top with
the material prepared in accordance with 4.1 through 4.3. 5.2 Insert spindle No.3 HB in the material until the mixture level coincides with the immersion groove on the spindle shaft.
5.3 Avoid trapping air bubbles underneath the spindle. 5.4 Adjust rotational speed on the Brookfield viscometer to 50 revolutions per minute (rpm). 5.5 Start motor and record viscosity
value in centipoises after five seconds of rotation. If the viscosity reading is too low for spindle 3, repeat procedure 5.1 through 5.5, using spindle No.1. Step 2 5.6 Repeat 5.1 -5.5
with the composite mixture prepared in accordance with 4.1 through 4.4. 5.7 If the composite mixture does not fall within the acceptance criterion of 10 to 90 poises the following procedure
for combining materials shall be used. 5.7.1 Discard materials from Step 1. 5.7.2 Mix coal tar emulsion and water in container specified in 3.3.2 with 50 strokes of a large laboratory
mixing spoon. 5.7.3 Add sand to the mixture with 50 strokes of the laboratory mixing spoon. 5.7.4 Introduce additive to the mixture with 50 strokes of the laboratory mixing spoon, for
composite mixture. Stircomposite mixture for 5 minutes and immediately proceed to Step 1. 6. Report 6.1 The report should include: 6.1.1 Date of test and complete identification of the coal tar formulation
tested. 6.1.2 spindle number and rpm setting. 6.1.3 Temperature of the sample tested. 6.1.4 viscosity of total liquids in poises. (Step 1) 6.1.5 Viscosity of composite system in poises.
(Step 2) Page 20 of43 Step 1 Criterion: Viscosities between 10 and 90 poises are acceptable Step 2 Criterion: Viscosities between 10 and 90 poises are http://www.faa.gov/arp/engineering/briefs/eb46a.
htm 6/1012004 
Engineering Brief#46A acceptable For materials to move into Step 2 testing the viscosity range must be met in Step 1. Likewise Step 3 will not be continued until viscosity range is met
in Step 2 testing. If a material fails to met testing criteria in any step it will be eliminated from further testing. SCUFF RESISTANCE TEST Step 3 1. Scope This method COVers the determination
of the initial set and final scuff resistance characteristics of coal tar emulsion seal coat. 2. Definitions 2.1 Initial set -torque reading at 8 hours of curing. 2.2 Final scuff resistance
torque reading at 24 hours of curing. 3. Apparatus 3.1 "Scuff" resistance tester similar to the cohesion tester in ASTM D-3910-80a, but modified as follows: 3.1.1 Proving ring used to
measure applied load. 3.1.2. Screw jack used to apply load. 3.1.3 5" x 3/4" ID 1 7/32" OD reinforced rubber hase (two braid, 300 psi, green, oil resistant cover) for use in abrasion
head. 3.2 Torque wrench with 300 inch pound capacity. 3.3 6 11 x 6" square 16 gauge sheet metal mask with 4" x 4" square center 􀁲􀁥􀁭􀁯􀁶􀁥􀁤􀁾􀀠 3.4 6" x 6 11 square aluminum panel.
4. Procedure 4.1 Using mask described in 3.3, apply uniform thickness of coal tar emulsion mixture to two panels as described in 3.4. 4.2 Allow the sample to cure at 77 degrees F and
50-10 percent relative humidity. 4.3 Test the first panel after 8 hours of curing. 4.4 Place panel on lower platen and secure with lien clamps. 4.5 Raise platen with screw jack until
sample comes in contact with the rubber abrasion head. 4.6 Continue raising the platen until a normal load of 28 psi, as measured through the dial gage, is applied to the sample. 4.7
Tap platen to ensure proper load is applied to the sample. 4.8 Pull the torque wrench through and arc of 180 degrees in 1-2 seconds. 4.9 Record torque reading in inch-pounds. 4.10 Repeat
procedures 4.4 through 4.9 on second sample after 24 hours of curing and record the torque reading in inch-pounds. 5. Report 5.1 Report the following information 5.1.l Date and material
tested. 5.1.2 Initial set as the torque reading at a hours of curing. 5.1.3 Final scuff resistance as the torque reading at 24 hours of curing. http://www.faa.gov/arp/engineering/briefs/eb46a.htm
Page 21 of43 6/10/2004 
Engineering Brief # 46A CYCLIC FREEZE THAW 􀁃􀁏􀁎􀁄􀁉􀁾􀁉􀁏􀁎􀁉􀁎􀁇􀀠 Step 4 l. Scope 􀁾􀁨􀁩􀁳􀀠method covers the analysis of crack development in a composite rubberized coal tar emulsion
seal coat when exposed to multiple cycles of freezing and thawing. 2. Apparatus 2.l l2" x 12" square 16 gauge sheet metal mask with an II" x lIn square center removed. 2.2 12/1 x 12"
square section of aluminum panel 3/1611 thick. 2.3 Oven capable of maintaining 140 degrees F. 2.4 Freezer capable of maintaining 10 degrees F. 3. Procedure 3.l Using mask described in
2.1, apply uniform thickness of the composite rubberized coal tar emulsion mixture to a panel as described in 2.2. 3.2 Allow material to cure at 77 + 2 degrees F and 50 + 10 percent
relative humidity for 24 hours. 3.3 Place sample in the l40 degree F oven for 24 hours. 3.4 Remove sample and record crack development. 3.5 Place sample in 10 degree F freezer for 24
hours. 3.6 Remove from freezer; this constitutes one freeze-thaw cycle. 3.7 Repeat procedures 3.3 through 3.6 for a total of 10 cycles. 3.6 Inspect the samples after 5 and 10 cycles
and rate the cracking in accordance with the following scale and the following procedure: 3.8.1 Using a commercially available thickness gauge, estimate the width of the largest crack
appearing on the surface. 3.8.2 Next, place a grid frame over the coal tar seal coated shingle (after freeze/thaw conditioning). 􀁾􀁨􀁥􀀠grid is a wood frame with an inside diameter
of 12x12-inches. A grid is formed across the inside opening of the frame by subdividing the opening into 10 equal divisions both horizontally and vertically with twine anchored to the
frame. 􀁾􀁨􀁩􀁳􀀠will provide lOO equally sized squares. 3.8.3 Count the number of squares in which a crack occurs. 􀁾􀁨􀁥􀀠percent cracking is equal to the number of squares. 3.8.4
Compare the results to table below: Severity of Width of Widest Percent of Cracking Crack Cracking Hairline 0.010 mm NA-cracks are barely visible Slight Cracking 0.015 mm <25% Moderate
Cracking 0.020 mm >25% Severe Cracking 0.020 mm or greater >50% o -No cracking 1 -Hairline cracking Page 22 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
Enginee,ring Brief # 46A 2 -Slight cracking 3 -Moderate cracking 4 Severe cracking 4. Report 4.1 Report the crack rating at 5 and 10 cycles. Step 4 Criterion: Rating of 1 or less at
5 cycles is required. Rating of 3 or less at 10 cycles is required. Any materials not meeting this requirement shall be eliminated from Step 4. ADIIBSION Step 5 1. Scope This method
covers the determination of adhesion of a composite rubberized coal tar emulsion seal coat and retention of sand by applying pressure sensitive tape. 2. Apparatus 2.1 1211 X 12" square
16 gauge sheet metal with 3 11 X 6" rectangular center removed. 2.2 12" )( 12" aluminum panel 3/16" thick. 2.3 Razor sharp blade, scalpel, or other cutting device with cutting edge in
good condition. 2.4 Steel straight edge. 2.5 One inch wide semi-transparent pressure sensitive tape with an adhesion strength of 38 + 5 oz./in. when tested in accordance with ASTM D
3330. The backing of the tape may consist of fiber-reinforced cellulose acetate, unplasticized polyvinyl Chloride, or polyester film. 2.6 Hard, small head rubber eraSer. 2.7 Table lamp.
3. Procedure 3.1 Using the mask described in 2.1, apply a uniform thickness of the composite mixture to the aluminum panel as described in 2.2. 3.2 Allow mix to cure at 77 + 2 degrees
at 50 + 10 percent relative humidity for 24 hours. 3.3 Select a representative area. 3.4 Make a horizontal cut of about 1.5 inches. Then make another cut of 1.5 inches about 40 degrees
to the horizontal cut. The cuts should intersect each other at their centers. When making the cuts I use the straight edge and cut through the coating to the substrate in on steady motion.
Brush off dislodged materials. 3.5 Inspect the cuts for reflection of light from the metal substrate to establish that the coating has been cut through completely. If the substrate has
not been reached, do not attempt to deepen the cut. Instead, make another "XII in a different location. Remove the dislodged materials by brushing lightly. 3.6 Remove two laps of the
pressure sensitive sensitive tape from the roll and discard. Remove an additional length at a steady rate and cut a piece about three inches long. 3.7 Place the center of the tape at
the intersection of the cuts with the tape running in the same direction as the Page 23 of 43 http://www.faa.gov/arp/enginooring/briefs/eb46a.htm 6/1012004 
Engineering Brief # 46A Page 24 of 43 smaller angles. Smooth out the tape in the area of the cuts and then rub firmly with the eraser. 3.8 Wait for 60 seconds, then rapidly pull one
end of the tape back on itself with the non-stick surfaces touching and running parallel to each other. 3.9 Inspect the "X" cut area for removal of the coating from the substrate and
rate the adhesion in accordance with the following scale, SA No Peeling or removal 4A Trace peeling or removal along incisions 3A Jagged removal along incisions up to 1/16 inch either
side to 1/8 2A Jagged removal along most incisions Up to 1/8 inch on either side lA Removal from most of the area of the "XII under the tape OA Removal beyond the area of the IIX" 3.10
Inspect the tape for adhesion of sand. 3.11 Repeat the test in two other locations on the test panel. 4 Report 4.1 Report the number of tests, their mean value and range. 4.2 Report
whether sand adhered to the tape as yes or no. Step 5 criterion: No sand can adhere to the tape. No debonding of the seal coat or the test medium is allowed (adhesion rating of 5A is
required). Any materials not meeting this requirement shall be eliminated from being tested in Step 5. FUEL RESISTANCE Step 6 1. Scope This method determines the resistance of the composite
rubberized coal tar emulsion seal coat to kerosene. 2. Apparatus 2.1 2 6" X 6" square 16 gauge sheet metal masks with a 4" 6 by 4" square center removed. 2.2 11 X 6" unglazed white ceramic
tile with an absorption rate of 10-18 percent (determined in accordance with ASTM C 67. 2.3 Brass ring, 2" diameter and 2" high. 2.4 Kerosene meeting requirements of ASTM D 3699. 2.5
Silicone rubber sealant. 3. Procedure 3.1 Immerse the ceramic tile in distilled water for a minimum of ten minutes. 3.2 Remove excess water from the tile to produce a damp surface before
applying the seal coat. 3.3 Using the mask described in 2.1 apply one layer of the composite coal tar emulsion mixture to the tile. Spread even with the top of the mask using a spatula
or other straight edge. 3.4 Allow the sample to cure for 96 hours at 77 + 2 degrees F. and 50 + 10 percent relative humidity. 3.5 Position a second mask on top of the first mask. 3.6
Apply a second coat of coal tar emulsion mixture. http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
Et:lgineering Brief # 46A Spread even with the top of the second mask. 3.7 Cure as in step 3.4. 3.8 After curing, affix the brass ring to the seal coat on the tile with silicone rubber.
3.9 Fill the brass ring with kerosene. 3.10 After 24 hours, remove the kerosene from the brass ring, blot dry and immediately examine the film for softness and loss of adhesion. Immediately
after the film is examined, break the tile in half, exposing that part of the tile whose film was subjected to the kerosene. 3.11 Evaluate for penetration of kerosene through the sealer
and loss of adhesion. 4. Report 4.1 Report the results as pass or fail. Visible evidence of leakage or discoloration shall constitute failure of the test. step 6 Criterion:A "pass" rating
in the fuel resistance test is required. OJuly 12, 1995 ENGINEERING BRIEF NO. 46A ITEM P-62S RUBBERIZED COAL-TAR PITCH EMULSION SLURRY SEAL DESCRIPTION 628-1.1 This item shall consist
of an application of a coal-tar emulsion slurry seal with or without mineral aggregate, and with the use of a latex rubber applied on an existing, previously prepared bituminous surface,
in accordance with these specifications for the area shown on the plans or as designated by the Engineer. The material is intended for use as a fuel resistant sealer and to even out
small irregularities in the pavement. MATERIALS 628-2.1 AGGREGATE. The aggregate shall either be a natural or manufactured angular aggregate and shall be composed of clean, hard, durable,
uncoated particles, free from lumps of clay and all organic matter. The aggregate shall meet the gradations in Table I, when tested in accordance with ASTM C 136. * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * The aggregate gradation shall be specified by the Engineer from the gradations shown in this note. The gradation shall be inserted into Table
1. Asterisks denote insert points. GRADATION OF AGGREGATES Sieve size Percentage By Weight Passing Sieves No. S (2.36 mm) 100 No. 16 (1.18 mm) 97 100 No. 20 (0.85 rnrn) 85-100 100 No.
30 (0.60 mm) 15-85 65-95 No. 40 (0.40 mm) 2 15 50-85 http://www.faa.gov/arp/engineering/briefsleb46a.htm Page 25 of 43 6/1012004 
EQgineering Brief # 46A Page 26 of 43 No. 50 (0.30 mm) 20-60 No. 100 (0.15 mm) 0-2 0-20 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TABLE 1. GRADATION OF AGGREGATES
sieve size Percentage By Weight Passing Sieves No. 8 (2.36 mm) * No. 16 (1.18 mm) * No. 20 (0.85 mm) * No. 30 (0.60 mm) * No. 40 (0.40 mm) * No. No. 50 (0.30 mm) 100 (0.15 mm) * • The
gradation shown in Table 1 may be varied to conform with the recommendations of the latex supplier. 628-2.2 BITUMINOUS MATERIALS. The bituminous material shall be a coal-tar pitch emulsion
prepared from a high temperature, coal-tar pitch conforming to the requirements of ASTM D 490, grade 11/12. Oil and water gas tar shall not be used even though they comply with ASTM
D 490. The coal-tar pitch emulsion shall conform to all requirements of Federal Specification R-P-355 except that the water content shall not exceed 50 percent. 628-2.3 WATER. The water
used in mixing shall be potable and free from harmful soluble salts. The temperature of the water added during mixing shall be at least 50 degrees F (10 degrees C). The pH of the water
added during mixing shall conform to the requirements of the coal tar emulsion manufacturer. 628-2.4 LATEX RUBBER. The rubber shall be a copolymer latex containing 51-70 parts butadiene
and 30-49 parts acrylonitrile or styrene with a minimum solids content of 40 percent. Other latex additives can be used, if approved by the Engineer. The rubber shall be compatible with
the coal-tar pitch emulsion used by the Contractor and must mix homogeneously with the coal-tar emulsion, water, and aggregate in the proportions specified to produce a mixture that
will adequately suspend the aggregate during mixing and application. COMPOSITION AND APPLICATION 628-3.1 COMPOSITION. The rubberized coal-tar pitch emulsion slurry seal shall consist
of a mixture of coal-tar pitch emulsion, water, latex rubber, and aggregate in proportions that fall within the ranges shown in Table 2. 628-3.2 JOB MIX FORMULA. For a rubberized sand
slurry, the Contractor shall submit a job mix formula and application rate to http://www.faa.gov/arp/engineeringibriefs/eb46a.htm 6/1012004 
Engineering Brief # 46A a testing laboratory together with sufficient materials to verify the formulation. The laboratory shall verify the proportions of emulsion l water, aggregate
and rubber using the mix design procedures contained in Appendix A. The mix design shall be within the range shown in Table 2 and meet the requirements of Table 3. A copy of the mix
design and test data shall be submitted to the Engineer at least [ 1 days prior to the start of operations and shall include as a minimum: a. Water (gal/gal of emulsion) b. Aggregate
(lbs/gal of emulsion) c. Rubber (gal/gal of emulsion) d. Viscosity of total liquids e. Viscosity of composite mix f. pH of water g. Mixing sequence of materials h. scuff resistance,
freeze-thaw, adhesion, and fuel resistance. No slurry seal shall be produced for payment until the job mix formula has been approved by the Engineer. Rubberized coal-tar emulsion slurry
seal formulations are sensitive to the characteristics of individual latex additives. Not all products will will provide satisfactory seal coat formulations for all combinations of coal
tar emulsion, water, and rubber additive. Water used in the job mix design should be obtained from the source the Contractor proposes to use in the field. The job mix formula for each
mixture shall be in effect until modified in writing by the Engineer. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Improper formulations of rubberized coal-tar pitch
emulsion slurry seal produce coatings that crack prematurely or do not adhere properly to the pavement surface. A minimum of 5 days is recommended for job mix approval. The quantity
of materials (aggregate and rubber) and the application rate (with a n tolerance) shall be specified by the Engineer, within the ranges shown in this note. The Engineer should consult
with suppliers and applicators to determine the proper quantity of sand and rubber to specify. These quantities and the application rate are a function of the degree of pavement oxidation.
The composition shall be inserted into Table 2. Asterisks denote insert points. COMPOSITION OF MIXTURE Type of Composition and Quantities Slurry Seal Water Aggregate Rubber Application
Rate gaL/gal. lbs/gal. gal./gal. gal./sg.yd. of ernul. of emul. of ernul. (per application) Page 27 of 43 http://www.faa.gov/arp/engineering/briefsleb46a.htm 6/10/2004 
El;lgineering Brief # 46A Page 28 of 43 Rubberized Sand slurry O.BO(max) 16-20 0.10-0.14 0.35-0.55 Rubberized Emulsion 0.80 (max) 0.03-0.05 0.20-0.25 * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * TABLE 2. COMPOSITION OF MIXTURE Type of Composition and Quantities Slurry Seal Water Aggregate Rubber Application Rate gal./gal. lbs/gal. gal·/gal.
gal·/sg.yd. of ernul. of ernul. of ernul. (per application) Rubberized * * * * Sand slurry Rubberized Emulsion * * * * TABLE 3 DESIGN CRITERIA Test Property Purpose Criterion Brookfield
Viscosity Incompatibility 10-90 poises @77F between latex and coal tar Brookfield Viscosity Workability of 10-90 poises @77F composite mix scuff Resistance Rate of set >100 in-lbs torque
@8 hours Scuff Resistance Final scuff >8 hr torque torque @24 hours 􀁆􀁲􀁥􀁥􀁺􀁥􀁾􀁔􀁨􀁡􀁷􀀠 Cracking @5 cycles <: 1 @10 cycles '" 3 Adhesion LosS of adhesion Rating = 5A Fuel Resistance
Fuel penetration No penetration Loss of adhesion or loss of adhesion 628-3.3 APPLICATION RATE. The The rubberized sand slurry shall be applied in two coats. A third coat of rubberized
emulsion shall be applied, if recommended by the manufacturer. The application rate submitted with the job mix formula shall be verified during placement of the test section and shall
fall within the limits shown in Table 2. * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * When, in the opinion of the Engineer, an area will be http://www.faa.gov/arp/engineering/brie
fs/eb46a.htm 6/10/2004 
Er:lgineering Brief # 46A subjected to heavy fuel spillage, a final application of plain emulsion, on a sand slurry seal coat, may be made at the rate of 0.075 to 0.10 gallons per square
yard (0.36 to 0.5 liters per square meter). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 628-3.4 TEST SECTION. Prior to full production, the Contractor shall prepare
a quantity of mixture in the proportions shown in the approved mix design. The amount of mixture shall be sufficient to place a test section a minimum of 250 square yards at the rate
specified in the job mix formula. The area to be tested will be designated by the Engineer and will be located on a representative section of the pavement to be slurry sealed . The actual
application rate will be determined by the Engineer during placement of the test section and will depend on the condition of the pavement surface. The test section shall be used to verify
the adequacy of the mix design and to determine the application rate. The same equipment and method of operations shall be used on the test section as will be used on the remainder of
the work. Two viscosity tests each shall be made on the total liquids and the composite mix. The average viscosity shall be within ft 15 poises of the job mix viscosity determined in
paragraph 628-3.2. Test results shall be available within 2 days. If the test section should prove to be unsatisfactory, the necessary adjustments to the mix composition, application
rate, placement operations, and equipment shall be made. Additional test sections shall be placed and evaluated, if required. Full production shall not begin without the Engineer's approval.
Acceptable test sections shall be paid for in accordance with paragraph 628-7.1. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The test section affords the Contractor
and the Engineer an opportunity to determine the quality of the mixture in place as well as the performance of the equipment. The application rate depends on the surface texture. If
operational conditions preclude placement of a test section on the pavement to be sealed, it may be applied on a pavement with similar surface texture. * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * CONSTRUCTION METHODS 628-4.l WEATHER LIMITATIONS. The seal coat shall not be applied when the surface is wet or when the humidity or impending weather
conditions will not allow proper curing. The seal coat shall be applied only when the atmospheric or pavement temperature is 50 degrees F (10 degrees C) and rising and is expected to
remain above 50 degrees F (10 degrees C) for 24 hours, unless otherwise directed by the Engineer. Page 29 of 43 628-4.2 EQUIPMENT AND TOCLS. The Contractor shall furnish all equipment,
tools, and machinery necessary for the performance of the work. http://www.faa.govfarpfengineeringfbriefsfeb46a.htm 6/1012004 
Engifleering Brief # 46A Page 30 of 43 a. Distributors. Distributors or spray units used for the spray application of the seal coat shall be self-propelled and capable of uniformly applying
0.15 to 0.55 gallons per square yard (O.69 to 2.5 liters per square meter) of material over the required width of application. Distributors shall be equipped with removable manhole covers/tachometers
, pressure gauges, and volume-measuring devices. The mix tank shall have a mechanically powered, full-sweep, mixer with sufficient power to move and homogeneously mix the entire contents
of the tank. The distributor shall be equipped with a positive placement pump so that a constant pressure can be maintained on the mixture to the spray nozzles. b. Mixing Equipment.
The 􀁭􀁾􀁸􀁾􀁮􀁧􀀠machine shall have a continuous flow mixing unit capable of accurately delivering a predetermined proportion of aggregate, water, emulsion [and rubber] and of discharging
the thoroughly mixed product on a continuous basis. The mixing unit shall be capable of thoroughly blending all ingredients together and discharging the material to the spreader box
without segregation. c. Spreading Equipment. Attached to the mixing machine shall be a mechanical-type squeegee distributor, equipped with flexible material in contact with the surface
to prevent loss of slurry from the spreader box. It shall be maintained to prevent loss of slurry on varying grades and adjusted to assure uniform spread. There shall be a lateral control
device and a flexible strike-off capable of being adjusted to lay the slurry at the specified rate of application. The spreader box shall have an adjustable width. The box shall be kept
clean; coal-tar emulsion and aggregate build-up on the box shall not be permitted. d. Calibration. The Contractor shall furnish all equipment and materials and labor necessary to calibrate
the equipment. It shall be calibrated to assure that it will produce and apply a mix that conforms to the job mix design. Commercial equipment should be provided with a a method of calibration
by the manufacturer. All calibrations shall be made with the approved job materials prior to applying the seal coat to the pavement. A copy of the calibration test results shall be furnished
to the Engineer. 628-4.3 PREPARATION OF PAVEMENT SURFACE. Bituminous pavement surfaces which have been softened by petroleum derivatives or have failed due to any shall be removed to
the full depth of the damage and replaced with new bituminous concrete similar to that of the existing pavement. Areas of the pavement surface to be treated shall be in a firm consolidated
condition. They shall be sufficiently cured so that there is no concentration of oils on the surface. A period of [ ] days shall elapse between the placement of a bituminous surface
course and the application of the seal coat. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The engineer shall specify the time period. In order to ensure adequate adhesion
and minimize cracking and curling, http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
Engineering Brief # 46A Page 31 of43 the pavement surface must be sufficiently cured prior to applying the seal coat. Experience has shown that approximately 90 days of hot weather (daytime
temperatures or 70 degrees F) is needed for adequate curing. One means of determining if the pavement has cured adequately is to pour a cup of water on the pavement surface and observe
if any oils appear in the standing water. If oils appear, the surface is not sufficiently cured to accept a seal coat. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* 628-4.4 CLEANING EXISTING SURFACE. Prior to placing the seal coat, the surface of the pavement shall be clean and free from dust, dirt, or other loose foreign matter, grease, oil,
or any type of objectionable surface film. When directed'by the Engineer, the existing surface shall be cleaned with wire brushes and a power blower. Where vegetation exists in cracks
I the vegetation shall be removed and the cracks cleaned to depth of two inches where practical. Those cracks shall be treated with a concentrated solution of a herbicide approved by
the Engineer. Cracks shall then be [ 1. Areas that have been subjected to fuel or oil spillage shall be wire brushed to remove any dirt accumulations. The area shall then be primed with
shellac or a synthetic resin to prevent the seal coat from debonding. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Engineer shall specify the appropriate method
of treating cracks depending on the frequency and severity. This may include filling or routing and filling with a compatible crack filler, filling with a rubberized seal slurry at the
time it is applied to the pavement surface, milling, etc. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 626-4.5 TACK COAT. A tack coat shall be applied only if recommended
by the emulsion supplier. After the surface has been prepared, a tack coat of 3 parts water to 1 part emulsified binder, as specified in paragraph 627-2.2, shall be applied at the rate
of 0.05 to 0.10 gal/sy of surface. When a tack coat is not specified the pavement shall be dampened with a fog spray of water if recommended by the supplier. No standing water shall
remain on the surface. Following the application, the surface shall be allowed to cure without being disturbed for such period of time as may be necessary to permit adhesion of the seal
coat. This period shall be determined by the Engineer. Suitable precautions shall be taken by the Contractor to protect the surface against damage during this interval. 628-4.6 APPLICATION
OF RUBBERIZED SAND SLURRY. The rubberized sand slurry shall be applied at a uniform rate with a distributor or squeegee at the rate determined in paragraph 627-3.4. When the emulsion,
water, aggregate, and rubber are blended, the material shall be premixed to produce a homogeneous mixture of http://www.faa.gov!arp/engineering/briefs/eb46a.htm 6/10/2004 
Engirleering Brief # 46A uniform consistency. The quantities of materials to be combined in each batch shall be in accordance with the approved mix design. he mixing sequence of the
various components shall be the same as indicated in the job mix formula. After all constituents are in the mixer, the mixing shall continue for approximately five minutes or longer,
if necessary. The mixing shall produce a smooth, free flowing homogeneous mixture of uniform consistency. Slow mixing shall be continuous from the time the emulsion is placed into the
mixer until the slurry is applied by distributor truck or poured into the spreading equipment. During the entire mixing process, no breaking, segregating, or hardening of the emulsion
nor balling, lumping, or swelling of the aggregate shall be permitted. The slurry shall be applied at a uniform rate to provide the quantity determined during placement of the test strip.
When a spreader box is used, a sufficient amount of slurry shall be fed in the spreader box to keep a a full supply against the full width of the squeegee, so that complete coverage
of all surface voids and cracks is obtained. Manufacturer's recommendations regarding application by spraying or squeegeeing should be followed. In areas inaccessible to equipment, the
slurry may be applied by means of a hand squeegee. Upon completion of the work, the seal coat shall have no pin holes, bare spots, or cracks through which liquids or foreign matter could
penetrate to the underlying pavement. The finished surface shall present a uniform texture. Each application shall be allowed to dry thoroughly before the next coat i& applied. 628-4.7
CURING. The mixture shall be permitted to dry for a minimum of [ ] hours after the final application before opening to traffic and shall be sufficientlycured to drive over without damage to the seal coat. Any damage to the uncured mixture will be the responsibility of the Contractor to repair. * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * A minimum of 24 hours is recommended. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 628-4.8 HANDLING. The mixture shall be continuously
agitated from the initial mixing until its application on the pavement surface. The distributor or applicator, pumps, and all tools shall be maintained in satisfactory working condition.
QUALITY CONTROL 628-5.1 CONTRACTOR'S CERTIFICATION. The Contractor shall furnish the manufacturer's certification that each consignment of emulsion shipped to the project meets the requirements
of Federal specification R-P-355 , except that the water content shall not exceed 50 percent. The certification shall also indicate the solids and ash content of the emulsion and the
date the tests were conducted. Page 32 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
Engiooe,ring Brief # 46A The Contractor shall furnish the manufacturer's certification that the latex rubber shipped to the project meets the requirements or the material specified in
paragraph 628-2.4. It shall also indicate that the latex and coal-tar emulsion proposed for use are compatible and that the latex is recommended for combining with the coal-tar emulsion,
waterl and aggregate. The manufacturer's certification for the emulsion and rubber shall not be interpreted as a basis for final acceptance. Any certification received shall be subject
to verification by testing samples received for project use. The Contractor shall furnish the manufacturer's certification that the combination of latex and coal tar emulsion proposed
for use has been successfully used in coal tar emulsion seal coat mixtures for a minimum of three years. The Contractor shall also furnish a certification demonstrating their experience
in the application of a rubberized coal-tar emulsion seal coat for a minimum of three years. All All certifications shall be furnished to the Engineer at least 5 days prior to the start
of operations. 628-5.2 QUALITY CONTROL. The Contractor shall have an independent technical consultant on the job site at the beginning of operations. The consultant shall have knowledge
of the materials, procedures, and equipment described in this specification and shall assist the Contractor regarding proper mixing of the component materials and application of the
seal coat. The consultant shall have a minimum of 3 years experience in the use of rubberized coal tar seal coats. Documentation of this experience shall be furnished to the Engineer
prior to the start of operations. The cost of the technical consultant shall be included in the bid price. Prior to the start of operations, the independent technical consultant shall
perform the viscosity tests in Table 3. The results shall be within n 15 poises of the job mix viscosity. 626-5.3 SAMPLING. Two random samples of the composite rubberized sand slurry
mix, from each days production, shall be tested for viscosity to determine conformance with the requirements of the job mix formula viscosity for the composite mix, fi 15 poises. One
sample per day may be tested for the other properties of Table 3. In addition, a one-quart sample will be obtained daily and stored in a glass container. The container shall be sealed
against contamination and retained in storage by the owner for a period of six months. Samples shall be stored at room temperature and not be subjected to freezing temperatures. A sample
of undiluted coal tar emulsion and latex shall be sampled from each consignment shipped to the job. 626-5.4 ENGINEER'S RECORDS. The Engineer will keep an accurate record of materials
used in formulating each batch of the seal coat. METHOD OF MEASUREMENT Page 33 of43 http://www.faa.gov/arp/engineeringlbriefs/eb46a.htm 6/10/2004 
Engineering Brief # 46A 628-6.1 The coal-tar pitch emulsion shall be measured by the gallon (liter) of undiluted emulsion. 628-6.2 The mineral aggregate shall be measured by the ton
(kilogram) . 628-6.3 The latex rubber shall be measured by the gallon (liter). EASIS OF PAYMENT 628-7.1 Payment shall be made at the contract unit price per gallon (liter) for the coal-tar
pitch emulsion, per ton (kilogram) for the mineral aggregate[, and per gallon (liter) for the latex rubber. These prices shall fully compensate the Contractor for furnishing all materials;
and for all labor, equipment, tools, and incidentals necessary to complete the items. Payment will be made under: Item P-628-7.1 Coal-Tar pitch Emulsion -per gallon (liter) Item P-628-7.2
Aggregate -per ton (kilogram) Item P-628-7.3 Latex Rubber -per gallon (liter) TESTING REQUIREMENTS ASTM 136 Sieve or Screen Analysis of Fine and Coarse Aggregates MATERIAL REQUIREMENTS
Fed. Spec. P-355 pitch, Coal-Tar Emulsion (Coating for Bituminous Pavements) ASTM D 490 Tars, (For Use In Road Construction) 0 APPENDIX A MIX DESIGN PROCEDURE ITEM P-628 MIX DESIGN PROCEDURE
ITEM P-628 TEST METHODS CRITERION This procedure shall be used to determine the capability of the materials furnished by the contractor to produce a seal coat mix within the range of
TASLE 2 and meeting the requirements of TASLE 3. The formulation is a combination of coal tar pitch emulsion, water, sand, and latex rubber. The samples furnished by the contractor shall
be combined in the proportions recommended by the supplier and subjected to a sequence of six tests designed to eliminate any materials or combination of materials which do not meet
the test criteria. Unacceptable materials in the formulation shall be eliminated from further consideration. EROOKFIELD VISCOSITY http://www.faa.gov/arp/engineering/briefs/eb46a.htm
Page 34 of 43 6/10/2004 
􀁅􀀺􀀺􀁧􀁩􀁲􀁾􀁥􀁥􀁲􀁩􀁮􀁧􀀠Brief # 46A Step 1 & Step 2 1. Scope This method covers the determination of the Brookfield viscosity, using materials and recommended formulations provided
by the Contractor. It is designed to detect formulations that have incompatible quantities of latex and coal tar emulsion, that might flocculate, that have viscosities too low to suspend
sand, and to identify any incompatibilities created by introducing sand. 2. Definitions 2.1 Brookfield viscosity -the viscosity determined by this method. The viscosity is expressed
in centipoises (100 centipoises = 1 poise). Its value may vary with the spindle speed (shear rate) due to the non-Newtonian behavior of the coal tar emulsion, additive, and the water
added. 2.2 Total liquids -coal tar emulsion, additive, and water. 2.3 Composite system -total liquids and sand. 3. Apparatus 3.1 Brookfield digital viscometer (model DV-II) and stand.
3.2 Number 1 and 3 HE spindles for DV-II viscometer. 3.3 Paint cans 3.3.1 quart capacity. 3.3.2 gallon capacity. 4. Sample preparation for Step 1 (4.1-4.3) and Step 2 (4.1-4.4) 4.1 Allow
components (coal tar emulsion, water, sand, and additive) to reach 77 degrees F. This should take approximately 24 hours. 4.2 Mix coal tar emulsion and water in container specified in
3.3.2 with 50 strokes of a large laboratory mixing spoon. 4.3 Introduce additive to the mixture with an additional 50 strokes of the laboratory mixing spoon. Proceed to Step 1. 4.4 Add
sand to total liquids with 50 strokes of a large laboratory mixing spoon, for composite mixture. Sand must be added slowly to avoid trapping air in the mixture. Stir composite mixture
for 5 minutes and immediately proceed to Step 2. 5. Procedure Step 1 5.1 Fill quart paint can specified in 3.3.1 to within one inch of the top with the material prepared in accordance
with 4.1 through 4.3. 5.2 Insert spindle No.3 HE in the material until the mixture level coincides with the immersion groove on the spindle shaft. 5.3 Avoid trapping air bubbles underneath
the spindle. 5.4 Adjust rotational speed on the Brookfield viscometer to 50 revolutions per minute (rpm). 5.5 Start motor and record viscosity value in centipoises after five seconds
of rotation. If the viscosity reading is too low for spindle 3, repeat procedure 5.1 through 5.5, using spindle No.1. http://www.faa.gov/arp/engineering/briefs/eb46a.htm Page 35 of 43
6/10/2004 
E.. 􀁩􀁧􀁩􀁾􀁬􀁥􀁥􀁊􀁩􀁮􀁧􀀠Brief # 46A Page 36 of43 Step 2 5.6 Repeat 5.1 -5.5 with the composite mixture prepared in accordance with 4.1 through 4.4. 5.7 If the composite mixture does
not fall within the acceptance criterion of 10 to 90 poises the following procedure for combining materials shall be used. 5.7.1 Discard materials from Step 1. 5.7.2 Mix coal tar emulsion
and water in container specified in 3.3.2 with 50 strokes of a large laboratory mixing spoon. 5.7.3 Add sand to the mixture with 50 strokes of the laboratory mixing spoon. 5.7.4 Introduce
additive to the mixture with 50 strokes of the laboratory mixing spoon, for composite mixture. Stir composite mixture for 5 minutes and immediately proceed to Step 1. 6. Report 6.1 The
report should include, 6.1.1 Date of test and complete identification of the coal tar formulation tested. 6.1.2 Spindle number and rpm setting. 6.1. 3 Temperature of the sample tested.
6.1.4 viscosity of total liquids in poises. (Step 1) 6.1.5 Viscosity of composite system in poises. (Step 2) Step 1 Criterion: Viscosities between 10 and 90 poises are acceptable Step
2 Criterion: Viscosities between 10 and 90 poises are acceptable For materials to move into Step 2 testing the viscosity range must be met in Step 1. Likewise Step 3 will not be continued
until viscosity range is met in Step 2 testing. If a material fails to met testing criteria in any step it will be eliminated from further testing. SCUFF RESISTANCE TEST Step 3 1. Scope
This method covers the determination of the initial set and final scuff resistance characteristics of coal tar emulsion seal coat. 2. Definitions 2.1 Initial set -torque reading at 8
hours of curing. 2.2 Final scuff resistance -torque reading at 24 hours of curing. 3. Apparatus 3.1 "Scuff" resistance tester similar to the cohesion tester in ASTM D-3910-BOa, but modified
as follows, 3.1.1 Proving ring used to measure applied load. 3.1.2. Screw jack used to apply load. 3.1.3 5 11 x 3/4" ID 1 7/32" OD reinforced rubber hose (two braid, 300 psi, green,
oil resistant cover) for use in abrasion head. http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
E: :gir,ser.ing Brief # 46A Page 37 of 43 3.2 Torque wrench with 300 inch pound capacity. 3.3 6 11 X 6 11 square 16 gauge sheet metal mask with 4 II x 4 IT square center removed. 3 .4
6 It X 6 If square aluminum panel. 4. Procedure 4.1 Using mask described in 3.3, apply uniform thickness of coal tar emulsion mixture to two panels as described in 3.4. 4.2 Allow the
sample to cure at 77 degrees F and 50 10 percent relative humidity. 4.3 Test the first panel after 8 hours of curing. 4.4 place panel on lower platen and secure with ne" 􀁣􀁬􀁡􀁭􀁰􀁳􀁾􀀠
4.5 Raise platen with screw jack until sample comeS in contact with the rubber abrasion head. 4.6 Continue raising the platen until a normal load of 28 psi, as measured through the dial
gage, is applied to the sample. 4.7 Tap platen to ensure proper load is applied to the sample. 4.8 Pull the torque wrench through and arc of 180 degrees in 1-2 seconds. 4.9 Record torque
reading in inch-pounds. 4.10 Repeat procedures 4.4 through 4.9 on second sample after 24 hours of curing and record the torque reading in inch-pounds. 5. Report 5.1 Report the following
information 5.1.1 Date and material tested. 5.1.2 Initial set as the torque reading at 8 hours of curing. 5.1. 3 Final scuff resistance as the torque reading at 24 hours of curing. CYCLIC
FREEZE THAW CONDITIONING Step 4 1. Scope This method covers the analysis of crack development in a composite rubberized coal tar emulsion seal coat when exposed to multiple cycles of
freezing and thawing. 2. Apparatus 2.1 12" x 12" square 16 gauge sheet metal mask with an 1111 x 11" square center removed. 2.2 12" x 12H square section of aluminum panel 3/16 11 thick.
2.3 Oven capable of maintaining 140 degrees F. 2.4 Freezer capable of maintaining 􀁾􀁯􀀠degrees F. 3. Procedure 􀀳􀀮􀁾􀀠 Using mask described in 2.1, apply uniform thickness of the composite
rubberized coal tar emulsion mixture to a panel as described in 2.2. 3.2 Allow material to cure at 77 + 2 degrees F and 50 + 10 percent relative humidity for 24 hours. 3.3 Place sample
sample in the 140 degree F oven for 24 hours. 3.4 Remove sample and record crack development. 3.5 Place sample in 10 degree F freezer for 24 hours. 3.6 Remove from freezeri this constitutes
One freeze-thaw cycle. http://www.faa.gov/arpJengineering/briefsJeb46a.htm 6/10/2004 
E:lgir.eering Brief # 46A Page 38 of 43 3.7 Repeat procedures 3.3 through 3.6 for a total of 10 cycles. 3.8 Inspect the samples after 5 and 10 cycles and rate the cracking in accordance
with the following scale and the following procedure: 3.8.1 Using a commercially available thickness gauge, estimate the width of the largest crack appearing on the surface. 3.8.2 Next
I place a grid frame over the coal tar seal coated shingle (after freeze/thaw conditioning). The grid is a wood frame with an inside diameter of 12x12-inches. A grid is formed across
the inside opening of the frame by subdividing the opening into 10 equal divisions both horizontally and vertically with twine anchored to the frame. This will provide 100 equally sized
squares. 3.8.3 Count the number of squares in which a crack occurs. The percent cracking is equal to the number of squares. 3.8.4 Compare the results to table below: Severity of Width
of Widest Percent of Cracking Crack Cracking Hairline 0.010 mm NA-Cracks are barely visible Slight Slight Cracking 0.015 mm <25% Moderate Cracking 0.020 mm >25% Severe Cracking 0.020
mm or greater >50'1; o -No cracking 1 -Hairline cracking 2 -Slight cracking 3 -Moderate cracking 4 -Severe cracking 4. Report 4.1 Report the crack rating at 5 and 10 cycles. Step 4 Criterion:
Rating of 1 or less at 5 cycles is required. Rating of 3 or less at 10 cycles is required. Any materials not meeting this requirement shall be eliminated from Step 4. ADHESION Step 5
1. Scope This method covers the determination of adhesion of a composite rubberized coal tar emulsion seal coat and retention of sand by applying pressure sensitive tape. 2. Apparatus
2.1 1211 X 12 It square 16 gauge sheet metal with 3 II X 6 11 rectangular center removed. http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/1012004 
􀁅􀀬􀁾􀁧􀁩􀁲􀀬􀀺􀀬􀁥􀁥􀁲􀁩􀁮􀁧􀀠Brief # 46A 2.2 12" X 1211 aluminum panel 3/16 11 thick. 2.3 Razor sharp blade, scalpel, or other cutting device with cutting edge in good condition.
2.4 Steel straight edge. 2.5 One inch wide semi-transparent pressure sensitive tape with an adhesion strength of 38 + 5 oz./in. when tested in accordance with ASTM D 3330. The backing
of the tape may consist of fiber-reinforced cellulose acetate, unplasticized polyvinyl chloride, or polyester film. 2.6 Hard, small head rubber eraser. 2.7 Table lamp. 3. Procedure 3.1
Using the mask described in 2.1, apply a uniform thickness of the composite mixture to the aluminum panel as described in 2.2. 3.2 Allow mix to cure at 77 + 2 degrees at 50 + 10 percent
relative humidity for 24 hours. 3.3 Select a representative area. 3.4 Make a horizontal cut of about 1.5 inches. Then make another cut of 1.5 inches about 40 degrees to the horizontal
cut. The cuts should intersect each other at their centers. When making the cuts, use the straight edge and cut through the coating to the substrate in on steady motion. Brush off dislodged
materials. 3.5 Inspect the cuts for reflection of light from the metal substrate to establish that the coating has been cut through completely. If the substrate has not been reached,
do not attempt to deepen the cut. Instead, make another IIX II in a different location. Remove the dislodged materials by brushing lightly. 3.6 Remove two laps of the pressure sensitive
tape from the roll and discard. Remove an additional length at a steady rate and cut a piece about three inches long. 3.7 Place the center of the tape at the intersection of the cuts
with the tape running in the same direction as the smaller angles. Smooth out the tape in the area of the cuts and then rub firmly with the eraser. 3.8 Wait for 60 seconds, then rapidly
pull one end of the tape back on itself with the non-stick surfaces touching and running parallel to each other. 3.9 Inspect the "XII cut area for removal of the coating from the substrate
and rate the adhesion in accordance with the following scale: 5A No Peeling or removal 4A Trace peeling or removal along incisions 3A Jagged removal along incisions up to 1/16 inch either
side to 1/8 2A Jagged removal along most incisions Up to lie inch on either side lA Removal from most of the area of the "XII under the tape OA Removal beyond the area of the IIXII 3.10
Inspect the tape for adhesion of sand. 3.11 Repeat the test in two other locations on the test panel. 4 Report 4.1 Report the number of tests, their mean value and range. 4.2 Report
whether sand adhered to the tape as yes or no. Step 5 criterion: No sand can adhere to the tape. No debonding Page 39 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004

E:.,;gif;eering Brief # 46A Page 40 of43 of the seal coat or the test medium is allowed (adhesion rating of SA is required) . Any materials not meeting this requirement shall be eliminated
from being tested in Step 5. FUEL RESISTANCE Step 6 1. Scope This method determines the resistance of the composite rubberized coal tar emulsion seal coat to kerosene. 2. Apparatus 2.1
2 6 11 X 6 11 square 16 gauge sheet metal masks with a 4 11 6 by 4" square center removed. 2.2 11 X 6" unglazed white ceramic tile with an absorption rate of 10-18 percent (determined
in accordance with ASTM C 67. 2.3 Brass ring, 211 diameter and 211 high. 2.4 Kerosene meeting requirements of ASTM D 3699. 2.5 Silicone rubber sealant. 3. Procedure 3.1 Immerse the ceramic
tile in distilled water for a minimum of ten minutes. 3.2 Remove excess water from the tile to produce a damp surface before applying the seal coat. 3.3 Using the mask described in 2.1
apply one layer of the composite coal tar emulsion mixture to the tile. Spread even with the top of the mask using a spatula or other straight edge. 3.4 Allow the sample to cure for
96 hours at 77 + 2 degrees F. and 50 + 10 percent relative humidity. 3.5 Position a second mask on top of the first mask. 3.6 Apply a second coat of coal tar emulsion mixture. Spread
even with the top of the second mask. 3.7 Cure as in step 3.4. 3.B After curing, affix the brass ring to the seal coat on the tile with silicone rubber. 3.9 Fill the brass ring with
kerosene. 3.10 After 24 hours, remove the kerosene from the brass ring, blot dry and immediately examine the film for softness and loss of adhesion. Immediately after the film is examined,
break the tile in half, exposing that part of the tile whose film was subjected to the kerosene. 3.11 Evaluate for penetration of kerosene through the sealer and loss of adhesion. 4.
Report 4.1 Report the results as pass or fail. Visible evidence of leakage or discoloration shall constitute failure of the test. Step 6 Criterion: A rrpass" rating in the fuel resistance
test is required. o APPENDIX B EXPLANATION OF MIX DESIGN PROCEDURE The procedure adopted to determine optimum acceptable quantities http://www.faa.gov/arp/engineering/briefs/eb46a.htm
6/10/2004 
􀁅􀀮􀀧􀀱􀁧􀁩􀀧􀀩􀁾􀁥􀁲􀁩􀁮􀁧􀀠Brief # 46A of coal tar emulsion, water, latex, and sand makes use of a process in which trial batches with a range of formulations are prepared, then subjected
to a sequence of six tests designed to eliminate the formulations not meeting test criteria. Unacceptable formulations are eliminated from further consideration. Figure 1 outlines the
process of checking a particular mix using the six steps in the process. Table 1 lists the test procedures, the associated mixture properties I and criteria for each test procedure.
Steps in the Mix Design Process There are six steps in the mix design process as indicated in Figure 1. These six steps are applied to a range of materials and material quantities emulsion,
water, latex and sand, that t are expected to bracket one or more acceptable mixes. It may be necessary to repeat step one in the process to find a range for any given combination of
emulsion, latex and water. Once a range is established for these materials, the liquid phase phase of the sealer, the remaining 5 steps will lead to a selection of a final mix formulation
having the desired properties. Step 1: Perform the Brookfield viscosity test on each trial batch formulation of the liquid phase without sand; coal tar emulsion l latex additive r and
water. Determine formulations that have the widest ranges for the quantities of latex and additive that meet the viscosity criteria given in Table 1. Step 1 is designed to eliminate
formulations that might have incompatible quantities of latex rubber and coal tar emulsion, that might flocculate, that have viscosities too low to suspend sand, or that would produce
and unacceptable coating. Visual observations of these conditions are helpful in determining acceptable formulations within the range of viscosity values given as test criteria. Step
2; Brookfield viscosities are next determined on acceptable trial formulations from step 1. The purpose is to identify any new incompatibilities created by the introduction of sand,
to insure that the composite material will not run off the pavement nor clog spray nozzles. This step also uses with viscosity measurements and visual observation to judge the acceptability
of trial mixes. Viscosities between 10 and 90 poises are acceptable. Any mixtures not meeting this requirement will be eliminated from Step 3. Brookfield Viscosity of Total Liquids Identify
incompatibilities between liquid components) Brookfield Viscosity of Composite Mix (Identify incompatibilities between liquid components and sand) Scuff Resistance at 8 and 24 Hours
(Optimize final scuff resistance) Page 41 of 43 Crack Formation Due to Cyclic Freeze-Thaw Conditioning http://www.faa.gov/arp/engineering/briefs/eb46a.htm 
􀁅􀀡􀀧􀁬􀁧􀁩􀁬􀀧􀁊􀁩􀁥􀁾􀁩􀁮􀁧􀀠Brief # 46A Optimize long term crack performance) Adhesion of Sealer to Substrate and Adhesion of Sand to Binder (Insure adequate sealer-substrate bonding
and adequate binder content to retain sand) Fuel Resistance (Insure resistance to fuel and adequate bonding) Figure 1. Determination of Optimum Component Quantities TABLE 1. TEST PROCEDURES
AND TEST CRITER IA Step Test Method Performance Item Criterion 1. Brookfield Incompatibility Viscosity between Viscosity between additive 10 and 90 poises @77F and coal tar 2. Brookfield
Workability Viscosity between Viscosity of mix 10 and 90 poises @77F 3. Scuff Rate of set 8 hour torque Resistance >100 in-lbs Final Scuff 24-hour torque Resistance >8-hour torque 4.
Cyclic Freeze-Cracking Rating <1 @5 cycles Thaw Rating <3 @10 cycles Conditioning 5. Tape Test Adhesion Rating = 5A No sand loss 6. Tile Test Fuel Resist.ance Passes Step 3: The torque
or scuff test is performed on mixes selected in Step 2. A maximum of 8 hours is allowed for setting of seal coat. A high torque value at 24 hours indicates good scuff resistance for
the materials used. Torque values equal to or greater than 100 in-pounds at 8 hours are acceptable. A small variation can be tolerated as long as it is within the realm of repeatability
tolerances. Step 4: This step uses the freeze-thaw test to check on cracking potential. Long term performance can be optimized by limiting the 5 and 10 cycle cracking in the cyclic freeze-thaw
test. A rating of 1 or less at 5 cycles, and 3 or less at 10 cycles, is acceptable. Step 5: Sand must be retained by the seal coat after it is cured, using the adhesion test as a pass-fail
criteria. No sand can adhere to the tape, and no debonding of the seal coat from Page 42 of 43 http://www.faa.gov/arp/engineering/briefs/eb46a.htm 6/10/2004 
􀁅􀁲􀀮􀀲􀁾􀀻􀀮􀀩􀁾􀁾􀁩􀁮􀁧􀀠Brief # 46A Page 43 of 43 the test medium is allowed (adhesion rating SA). Compositions that meet this test also should provide adequate resistance to the
freeze-thaw test. Step 6: Check the fuel resistance of the final mix. If the sealcoat is to be used in an area where high fuel resistance is required, a lIpass ll rating in the fuel
resistance test should be required. Mixes not meeting this criteria should be redesigned, or should be used in areaS where fuel resistance is not 􀁣􀁲􀁩􀁴􀁩􀁣􀁡􀁬􀁾􀀠 o http://www.faa.gov/arp/enginee
ring/briefs/eb46a.htm 6/10/2004 
March 15, 2004 Mr. Steve Chutchian Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Richard Byrd Drive Pavement Replacement Addison Airport Dear Mr. Chutchian: Rebcon, Inc; consulted
with Austin Bridge & Road regarding the pavement raveling on the referenced project, and they suggested we contact Lewisville Paving Co., Inc. for a solution to the problem. We met with
Mr. Walter Holloway, President of Lewisville Paving Co., at the' Airport on ThUrsday, March 11,2004, so he could perform a visual inspection, and he offered the following: • Treat the
area with a heavy 􀁳􀁥􀁡􀁬􀀧􀁣􀁣􀁩􀁡􀁴􀁾􀁳􀁡􀁮􀁤􀀠coat. • Use polytar heavy duty pavement sealer material as manufactured by Gem-Seal of Dallas. ' • Scrub areas which are showing signs
of raveling with a wire broom in order to remove any loose material. Pre-treat rough areas with a heavy seal coat containing 6 to 8 pounds of sand, applied by squeegee, to cover seams
and rough . \ . areas. • Ciean the area with a high pressw'e blower to remove any debris. • Apply a first coat ofmaterial containing 3 to 4 poUnds of silica sand and approximately 7%
of polymers by volwne. The application shall be approximately 0.12 to 0.15 gallons per square yard applied by spray. • Apply a second coat of material containing 2 to 3 pounds of silica
sand and approximately 7% of polymers by volwne, The application 'shall be approximately 0.09 to 0.12 gallons per squareyard'appJied by spray. • Depending on the weather, the second
coat will be applied not later than the day following'ilie first coat. The material will need 24 to 36 hours to properly cure atter 􀁴􀁨􀁾􀁳􀁥􀁣􀁯􀁮􀁤􀀠coat appli'caiion,' The ni-striping
can commence 24 hours after . the second coat is applied.' No rain can be prediCted for 24 hours after the second 'application. 􀁔􀁥􀁩􀁮􀁰􀁥􀁲􀁡􀁴􀁵􀁲􀁾􀀠wise, the 'best tUne for this
procedure is mid to late "Ap' n'I. ' " , 1868 W. NORTHWEST HWY. OALLA8. TEXAS 75220 972/444-8230 
Please let me know if this solution meets your approvil, and we will start coordinating with airport personnel for an April application time. Sincerely, REBCON, INC. 􀁾􀀲􀁙􀀠 enclosure

TO:817 491 4680 PRG:€ 1'11 ,.,11 04 12: 57 FROM:GEMSEfL TX 2143334399 ....-. POLYTARTM HEAVY DUTY PAVEMENT SEALER DETAILED APPUCATION SPECIFICATIONS 1. Scope: This recommended 􀁰􀁲􀁡􀁥􀁜􀁩􀁾􀀠eoVt!lr
v the epplicaUOIl of PolyTarT•• a high petIQrmanee. polymer modified. emul.med coal tor p.vement seolet. Thl. application serv...􀁾􀀠wealher protection. beautification of surf..,.,.
and aliph.Uc-sotvent (petroleum d"tilale. such as gas. oil and dlesol) resislanl ..,al for a'phaltlc 􀁥􀀹􀁾􀁲􀁥􀁬􀁥􀀠paY''''',,"!, nf .irport r;omp. cnd ",.iw.) >, 􀁾􀀢􀀧􀁾􀁾􀀧􀁙􀀠10...
aM dn.aways, 2. References: 2,1 IlSiM Specification 0·3320; Standard Spe:cilication ror Emulsified Coal Tar Pilch (Mineral Colloid Type). 2,2 ASTM Specification 0-400: Standard Speeir.:alion
for /'Ioed Tar, 2,3 IISTM Specification 0-30423; Sland.rd Prectk:e ror Application of Emulsilied C""I TIlf Pilch, 2,4 ASTM SpedflClltlon 0·2939; Slandard Methods of T eeting Emulair.,,;
eilumens U ..a as Protective Coating>, 2.5 IISTM $peoificaUon 0.4866; F'lItlQrmance standard forC.al T.rPitch EmulSIon P:;ntQment Sealer Foundations Containing Mineral Aggregal!lS and
OpUonal Polymeric Admixtures, 2,6 MSHTO specmeaUon TPS·S?; Provioional Standard Test Method for Determining Ihe Rheological Properties of Atphalt Binder U.ing a Dynamic Shear Rheame!er,
3, Materia Is: 3,1, Th• .;ontraaar shall ule PolyTar '" polymer modifi.,; CQaltar emulsion, No 􀁾􀁉􀀡􀁥􀁭􀀮􀁩􀁪􀁶􀁥􀀠will be accepted, P.oIyTa....... Will confonm to !he fOD""'in!! req.....menlS:
.. 3.1.1, ASTM SpoclfioaUon ()'SS20; Non yolatll9c ,."lids) "hall be 􀀴􀁾􀁴 ±1 %. 3,1.2, The refined lal prior to polymer modifi<:a1ion shen <:onfolTl1 10 IISTM D-49O. 9lade RT-12, Th.
refined (Sf shall b. derived (rom high lemp$t;I!lI,. coke O\len lor" Oil and water glls tars !hall not be us.d wen though tf\ey might comply with ASTM 0-490. gradeRT·1:!. 3,1,3, Polymet to ""fined tar ratiO .hilil be 7% by yolumo of refined lar (ASTM D-490. grad.. RT.1Z), and will oon(o"" \0 ' the following Cliteria: ' Dynamic Shear Rh@Oloo\f,
roSR) Tut !\".uK Tan Dena (G'/G'). 6O'C Le•• than 4,5 10 radian/second. 10% &train. raUo AASHTOiP5·!1? ' 3,1,4, The emul.lon Shalt bQ produce<! using a coDaid mill to insure homOgeneity
and appropriete $i.e of the partldas I. ",spenslon, 3,1,5. The conlractor and/or his suppUer win provld<!. callifiCIIlion with eaeh bulk emulsion dellvety indicating compliance wilh
the above reQUirements. Further, t',e alrtilicato willlndicale !he 11On-\IOIaliles (solids) contenland as.. c<>nlenl of that particular l.ansport lola. Cletelmined by moults of 10$1.
perl'crmed on materiat toaded, Sl1e1t certifications .hall be subject 10 Verification b)'lesting sample. of !he emulo;ion received fer US" on the projec!. Costa of 􀁶􀀮􀁲􀁩􀁾􀁃􀁩􀁴􀁩􀁯􀁮􀀠testing
will be bOrne by Projeot Administrator. • 3,2 Dilution ",.lor shall be potable and free of e.cf/ltive min...t. and contaminant., Waler will be provided by Plojeol Admlnistr.tor and available
wilhin " r...""nabl. di.tance from the job .It., 3,3, Ssno wlU be w3llhed andllraded aifico lland, orcru.hed, washed. and graded stag. fr"" 01 all contaminant •• and Cl)olormlng to Ihe
toftowlng gradation: Note: Gradations oU!$ide lhes .. ranges may be used prolil<fed peet history 􀀮􀁨􀁯􀁷􀁾􀀠 􀁾􀁶􀁩􀁤􀁥􀀢􀀢􀀢􀀬􀀠of a durabte .urface, 'f. Ill! #16 􀁾􀁾 AU 1-' #100
1-, i-' #200 14. Equipment: All 1001. and equipment neceH81)' to perfolm the contrac1in accordance 􀁷􀁩􀁴􀁾􀀠tha specified terms end conditions. 9Uelt M 􀁢􀁲􀁶􀁾􀁨􀁥􀀮􀀬􀀠hand squeegees.
pumps and hOse equipment. $tOrllg4l tanks. mi,."slenlts....t., distribulors, power :sweepers, blowers. barricade. and applicator eqUipnlentshall be provided as required by tho contraclcr.
All melhods employed In performing the wOllr and aU equipment """",ssar)! tor &l<o<:Uting any part of the work or,ali be .ubjeC! to approval by Proj.ct , Admir1ietrilor before work i.
started. and when IQlJnd una.li.raclo/Y will b. carrIIcjed, All eqUipment will be in good working cond,tion, 
2143334399 TO:817 491 4600 PAGE: 02 1-11 04 12: 57 FROM: GEMSER-TX 4.1. .",ay equipmenl u.co 00 1he job .haD ha"" mech;nic:al mixing deMcea in"",po,ate<! in Iheir construction to aUU'e
homogooe",,& mil<ing ofthe emul.IOil and re.....ired 􀁡􀁾􀁤􀁩􀁴􀁩􀁶... The pumping 􀀢􀁙􀁾􀁴􀁯􀁭􀀠must be adequate to apply" uniform coating at tho specified niles of application. Equipm.nl
....quiring pressurization of the mlldng tank for ditlr1bbllon will no! be u ••d. 4.2. Motorized 8QUeegee application equipment used 00 tho jot> WI! have Iw¢ or more devices such os
sQu""gee. anolor dr.g broom anemotics to allure evan di.!libutlon of the tal emulol.n .yalem. Mechanical mixing devices WIll nelocorporaied into the construc!jon of the applicator to
....ur. homogeneous mhong of Ihe emulsloo and required addilive •. 4.3. MlXlng or agitating equipmenl may bo ellhet portable powered or a lan!:-Iype power mixer. In any case, mixers
shall be of $urflCleol capacity 10 e$eure homogeneous mixing of the emulsion and required additivea 􀁾􀁾􀁮􀁤􀀠to maintain complet.. 6uspention 9r min-:,ai RQrooa'e unlil ihlt ROIII",'nn
􀁾􀁹􀁳􀁴􀁡􀁭􀀺􀀠it. :lPPllod to ihc ,aIlC"'4"t, All .b.lfdijt: (¥Ilks or amp tankers Sh;JI ba ;quipped wi1h mechanical agitato... Gufficient to ....p U1. coaIlar .muloion homo;)enous
during storage. 5. Preparation of Surfaces: 5.1. AllOW new asphalt 10 cure. Cure time varies with type of 􀁡􀁳􀁰􀁨􀁡􀁾􀀬􀀠"9srogato, weath.r condition., and conSfruclion procedures.
Hoi mix ••"".It Will ","uany cUte In 30 -90 day •. Cold mix pa""ment. '''ould ha... allea.1 90 da)ljl to cure. Requirt:d cu,e lime should b. aelermlned by Project Admlni.tralor, and
a Wl'iUen order 10 proceed will be furniShed to tho contractor. 5.2. Wide cracl<s, exleosivo altigalct otaoking peltemo, 60ft Or <unken .pot. indicate that the pavement andlor base .hould
be repaired or ,oplaced. Exlen5ive patching .haP be atlOWlld to cure prior 10 ... aleoaling in accordance with 5.1. $.3. Thoroughly inspect the pavement for minor <:niCks and ./her imperfe<:\lons,
Ignon;! hairline cracks. Crack$ of approximately 114 • 314 Inch wide should be daared of debris Bnd filled wilh • Gem Seal apprOlo'ed crzcl< sealant In accordane<> with manufactur.....
op&oificallon. (OPTIONAL) 5.4. Remove oU and grease ,pots thllt have nOI J)IItmanen\ly damaged or softened the pavemenl by scrubbing with. detargent and fluohing 􀁷􀁾􀁨 water unlH" wat&T-oreakofr••
sulfaee i. obtIiined, Oilond gre ••e spols with deeper pen.lration WlU be trealed by burning with hand held propane 10""', and th8f1 coating lOe spo! with an approved 011 'pol primer
sucll 0$ Tar·Prime, If Ihe oil.pol is so severe 0$10 cause permanent 􀁤􀁥􀁴􀁥􀁲􀁩􀁯􀁲􀀶􀁾􀁯􀁮􀀠c1lhe pavement, or !fIne pavemenl has failed due to other ceoses. lhe pavement .nail o.fIImovad
\0 Ihe full dep\!! of lhe damal1" anti repleced W1tI\ new asphalt pavement in accordance 􀁷􀁾􀁨􀀠paragrap" 5.1. 5,5, Old Iraffic controllinG may be blaGken"d willi blsGk epoxy or bloc!<
ac;ryllc cootings. E.ces.lve build up of lines should be abraded before any prima C04!s of aophak ar wr 􀁾􀁭􀁩􀁊􀁬􀀻􀀬􀁩􀀬􀀬􀀢􀀠are appliod. (OPTIONAL) 6,6 Highly oxidi.t.d or weall1ensd
asphalt IlMfaoei shali be primed with. eoa! of PolyTar'· diluted 1 to 1 with water. The prime coat .hall be allowed to dry tllotlluQhly before 􀁰􀁲􀀢􀀢􀀢􀀮􀁾􀁩􀁮􀁧􀀠wilh additional applicallons.
ApplicaUon rate thall b. 0.09 -0.10 9allon per square yard of dilUted PolyT,,"', (OPTIONAL) S.7. 􀁉􀁭􀁭􀁥􀁤􀁬􀁾􀁴􀁥􀀯􀁹􀀠before epplicatlon orsealer. dean !ho sul'l3ee ohl! loose duol,
din, leave., and any other foreign motorials by sweeping, blOWing. fluehil'lO wit" wal...., or any ecmbinaUon of /he Ihree. 6. Mix Design and Application RItes: 61.. PolyTar'" Water··
Sartd·.. Applicaiion Use Coats Gallon GaD.... (>.100 lb•.) Mix Gal/Sq. Yd Low 1 100 0-5 W 010·0.12 TraffIC z 100 1).5 ().3 0.06 -0, 12 Medium 􀀬􀁾􀀠 100 0.5 2·3 0.10·0.15 TrofflC 2'M
100 0-5 a.3 0.10-0,12 Hioh I"" 100 0.5 2·3 0, lQ· 0.15 Traffic 2 100 0.5 2·3 O.1D·O.12 3 100 0-5 ()'3 0,08-0.12 '101 Coat is upplied to enlran=. exits. high traffic lanes IIIld luming
radii. HAddilional water need only b. added when using sand in the mix design. -Sand shoUld be added to Ihe final coat when 1!I<id reoi."'nce is needed. WARNING: Mill/ion of 'at$x polymers
or !$lot drying addit/\/Il$ of any typal0 PolyTar'" is not n"""'.sry and wilt bt harmrul to tha emul.ion, NOTE: 1. These waler dUution ratlO$ are volumeltlc and 􀁡􀁾 ba6ed on receilling
PolyTar'" WIth a solids conlenl of 40 +1· 1 percent. 2, Approximately 20 􀁰􀁯􀁵􀁮􀁤􀁾􀀠of sand 􀁤􀁩􀁳􀁬􀀾􀁬􀁯􀁾 1 ga/lll1l of liquid. I , I 
􀁾􀀭􀁩􀀱􀀠 fl4 12::;8 FROM:GEMSERL TX 21433343';39 TO:817 491 4600 􀁐􀁾􀀺􀀰􀀳􀀠 3. PloJed A<!mini$ttator may require to. 􀀧􀀧􀀧􀀧􀀧􀁮􀁴􀁲􀁾􀁤􀁯􀁲􀀠to .ubmit ono or more .amples, at random,
thr.ugOout Ihe cour.e 01 Ih. job for mile desien \/finn""llon. WARNING: Seillcoat&, When 􀁉􀁭􀁰􀁲􀁯􀁾􀁍􀁲􀀠appUed and/or undercer1aln envlromnenlal conditions, may become sllppoery,
As with ..ny palnl-lik. coating, repealed applications reduce lel<tUre, Skid ,esiOt.ne. ean be Improved with additions of 310 4 pounds of sand per gallon. CAUTION MUST BE EXERCISED,
partleular1y ,""en skid resistance IS a l\\IIjor safety faclor. 6.2. 􀁾􀁡􀁴􀀮􀁸􀀠addlliv,,: PolyTar'" ."nlein. a high moleculer weight polymer ltJat Is crOSS-linked wHh renned lar (RT-12).
111$ not Inlended 10 b. used Wilh any additive •. latex or oth......... Any additive <:IlI\or than sillea sand 􀁾􀀮􀁮􀀠be d.trim"Mlal to the emulsion and ;$ not r.commended by Gem S...I
COl1lorallon. 6,3. 􀁓􀁾􀁮􀁤􀀠will be $lowly added Into the PoIyTar"" with the mixer engaged during lhe addition of the sand \0 SIIGUf1i uniform diSpersion and to prevent ovef1ollding
of the miXing device. Water may be added, if necessary, should the tar emullion system \Jeoome too thick 10 b .. uniformly eppfied. 􀁁􀁤􀁤􀁾􀁩􀁯􀁮􀁡􀁬􀀠water wiU be added only after
approval by the Project Adminl$trator, and addiUons will nQ! exceed 5% by volume of undiluted F'oly'rar"" or those amounts ellpressly stipulated by tho Project Admlnisltalor. GA, SlOW
mixing ohall be continuous from the lim. all materials are 􀁾􀀢􀀢􀁥􀁤􀀠into the mixer until th.. pavemenl'eal.r mix 1$ applied bY the appfioallon equipment. Ounng Ihe entire mixing proc<>$S,
no breaking, oeg'egating, or hardening of the emulsion. and no balling Of lumping of the 8sgreg.t. $Il.1I be permitted. B.5. The coating shall be applied uniformly over Ihe entire pavement
surface and 􀁦􀁾 01 voids and pinl1<ll••. Wilen pavement lemperatuM' are in $'ee$S of 120"1". foll.praylng of pavemon! with cl...n "",Ier 1$ recommetlded to achieve beller bond and even
spreedlng of material. Fog 􀀤􀁾􀁲􀁬􀁬􀁩􀀧􀀠shall dampen pavement ,,"lhout leaving puddles. (OPTIONAL) 6.6, Subsequent coals will be 􀀸􀁾􀁰􀁬􀁛􀁥􀁤􀀠only afler 1he previous coat Is dried.
pl'll!arably 􀀲􀁾􀀠houn loler, but no loss than 􀁾􀀠hours undel ideal eondillons. Ideal condiUons are temp.ratures In eJCoeGS 01 TO'F, aunshine, and less then 60% rel.till"humidlty.
Marglnsl condition. can require curing timet greater than 24 hours. Sub.""u.nt coat. should be app.ed Ilt righlangles 10 the previous wat' if possible. 6.7, Sealer will no! be applied
􀁵􀁮􀁬􀁾􀀮 the temperature Is e minimunl50'F .nd rising end pavemell1 temp.relurol1;eO"F and rising. Wall< will b. <lO!f1p1eled .0 that the"" is • minimum of two houra of .unlighl remaining
aft.r completing the day's \VOrl<. Sealer will not be aP!llied under rainy Of wet conditions such as an O'IIfm::a.t sky with high humidity. UNDER NO CIRCUMS'rANCeS win Work be performed
under cold andlorwet condition •• nor wlillar emulsion be used that has been subJ..,cteCf to fre.fre.zing "",ather, 7. Incidentals: 7.1. The contractor and Pcojeol Administrator will
coordinate 􀁴􀁬􀁜􀁥􀁾􀀠aolil/ilies with each ether tQ In.ure the avililabBity of the work erea", a. not 10 delay the execution of the projt;\Ol, 10 maintsin traffic flow, and to minimize
􀁥􀁃􀁬􀁩􀁙􀁩􀁾􀁥􀀮􀀠thaI mil;ht be detrimental 10 the work in p<opre5S such a. automatic .prlnkler oyale..... other ..... tomer or ""n.!ructlon traffIC. etc, 7,2. The eonltador will
nottfy tile Project Admlnis!lall>r 01 pavemenl are•• lhat 0' 1••ls hav" SO deteriorated or have other OIJ!.ide faeto" such as POOl dr3i""S", 􀁩􀁭􀁾􀁲􀁯􀁰􀁥􀁦􀀠eonslruclion, ele., thaI
wiD render the 􀁥􀁰􀁰􀁬􀁾􀁴􀁩􀁯􀁮􀀠of ••ealeoal ineffectille. 7.3. Striping wHI b. don. with a lot •• or acrylic painlOlpprO\'1jd by the manufaclutl!r. No st'iping will commence untillhe
seal coat 10 be .trlpoed has cured for at least 24 hours. 1.4. The c.nWOIol .hall &ubmft with hi. proposal alle..t three ref.rence. 01 prevl.usty completed projects. pt<lof of workers
􀁣􀁯􀁭􀁰􀁥􀁾􀀮􀁡􀁴􀁩􀁯􀁮􀀠and Hability insurance coverase, and all local business tiven"s and perrrtH. ". required by local authoriUe$, 7,1:> The contracto, ";11 plovide a 􀁰􀁥􀁲􀁦􀁯􀁬􀁭􀁡􀁮􀁾
and payment bond to the Project Administrator -OR -waiver. ofllen from suppliers wil he providM with 1!I\ICh IlMlic.!t of 􀁰􀀢􀁹􀁭􀁥􀁮􀁉􀀮􀁉􀁏􀁰􀁴􀁩􀁯􀁮􀁾􀁉􀀧􀀮􀀠 8_ Job Site Location
and Scope of Project: See E.hlb" 'A.' (To bf> drawn and altsched by property o.mer. manager, or archilecllengineer). 9. Basis of Payment: 1l1eoa prlees shall be full compensation for
fumlahin9 malerial., ptl!p.",Uon. mixing, ""d applying malerials In eompliance "'th this sp..,eifooatlon. and for al Ihe teols, 􀁇􀁱􀁾􀁩􀁰􀁭􀁥􀁮􀁬􀀬􀀠labor, and incidental. nece...ty
10 complete this 􀁾􀁦􀁯􀁬􀁥􀁣􀁬􀀮􀀠 The proposal shall Indloate by ine 110m: 1, The ow",,""'ate square yards and <>ost of jr.>tchlng to bEl performe<i, 2. Th, approximate lineat feet
and cost of craCk sealing to be perfotme<i 3. Th. approximate square yards and cos! of toe sealcoaUng to be parfOlmed. <I. Theappl'O)(jlTUlte fineal feet and cosl ofll!e traffle striping
tD be pemme<l. ·OR· A lump $um cost when performed In accordance with painting diaaram. prov!<le<j by the Project Administrator. 
􀀱􀀢􀁁􀁾􀀭􀀺􀀱􀀱􀀠 04 12: 58 FROM: GEMSEA... TX 2143334399 TO:817 491 4680 Pf'K'iE: 04 5. Total co.! of plojecf. (Applioable taxes. pe!lT1itlin9 fees end/Of miscellaneous charges shall
be identified by type and amount) 10. WARNINGS and Miscellanll'ous Notes: to.l. Skid R..iotllnee: Sealcceto, wl'ten improperly applie<:! and/or under _in environmental conditions. may
become slippery. As with any pIlInt·like coaUng.l't'Ipealed applcaUons flId""" 1_". Skid ",.islance can be improved wl!h addillon. of 3 104 pounds of ,and per gallon. CAUTION MUST liE
EXERCISED, particularly when skid r""lstance Is a major safely factor. Gam Seal Corpoflllion don not rt<:Ommand cealoollling ",phil pavoments Wilh the following oha",clefiGtics; main
thoroughf.r••, runways, steep Inclines, poor drainage, and vehiCleslravefing at ""eeds III _eSt 0125 mph thai are subject 10 rapid slops or hydroplaning. Gem Seal COfllOration recommends
applying coal tar eroolsion to asphallilavement surfllces only. 10.2. container warning: Containers, regardless 01 beil'19 empty, haW lull, or lull Of product. may relain $ 􀁲􀁥􀁡􀁩􀁤􀁵􀁾􀀠of
liquid end/or vapor 􀁾􀁮􀁤􀀠_ be 􀁤􀁥􀁮􀁧􀁾􀁲􀁯􀁕􀀸􀀮􀀠00 NOT PRESSURIZE, OUT, WELD, ElRAZE. SOLDER, DRILL. GRIND. OR EXPOSE SUCH CONTAINERS TO HEAT. Fl.AMe. SPARKS. OR OTHER SOUROeS
OF IGNITION; THEY MAY EXPLODE AND CAUSE rNJURY OR DEATH. Do not attempt to ely. sines residue Is dllllcult!o remove. "EmPlY' drums should be oomplelely drainod. properly b""lI<!d, and
promptly fe_to a dNm ",conditioner. Empty pails should have 8 hole puncl'l4ld in lila pail 􀁢􀁯􀁾􀁯􀁭􀀠10 prevent drowning of ,mail child",n. AD contain.", should be dlopoee<l in 311
environmentally tafe manner and in accordanco with govemmelllllf l'9gulalions. ForWOlk on tanks. refer 10 OSHA regulatlonl, ANSI 49.1, and other govemmenlslsnd indus!Ii.! ",f.,.,n"""
perlllining to cleaning, repairing, welding, or other _temp"'ted operation•. 􀁾􀁃􀁯􀁮􀁴􀁡􀁩􀁮􀁥􀁲 refers to any vessel. can. drum. !linker, 􀁤􀁬􀁳􀁕􀁦􀁢􀁵􀁴􀁯􀁲􀁴􀁡􀁮􀁾􀀬􀀠etc.• Ihal
mav be used for handling andJor storing any of the produCl$ C<lVered by this guideline specltlcatJon or any pnodUd ct unknown origin. 10.3 􀁈􀀮􀁾􀁬􀁴􀁨􀀠and Environmelll.l: PolyTa,'"
i. not CQI1&idored a h_rdous wasle and meets ail curren' Federal requirements for Induslri.1 walt•. A1!l AN APPUCATOR you should be 􀁦􀁡􀁭􀁬􀁾􀁡􀁲􀀠Wi1II ail potential h82ards prior
to entering the IYOrkpts.,.. 'Tox,city ChOllilcte<iz.aflon I.eIIching Procedure inlbflnlllion alKf Mllliri81 Safety Oalll ShaMS win be provided upon request In case 01 􀁾􀁥􀁥􀁬􀁤􀁍􀁉􀁡􀁉􀀠,pm,
contain With IIbaorbant malOll1a1, IIlow tl'> diy, and dispose of according to local, s"'le .nd federal regulallons P....-llon••houll! bolaken to prevent lud_ nmoff and PolyTar'" from
enlering stonn d ... lnage iystem or pond•. 10.4. MaIntenance 01 coaUng can jlrolong Hsllfe and attractIVe appeamnce. Sand. gravel and othar debris should be removed as lheyecr:umulale.
OU dripping., anlifreez •• 9IC. """ b. sCNbbed With mild detargenla and fluehed Wilt. Clean watet. 10.5. Technic.Ii assi.tance 􀁡􀁾..ilable from Gem $e81 Carperai!cn upon requeol 10.6.
00 not allow to fr"le. LIMITED WARRANTY PoIyT"r'" polymer modlfiO<! """I IIIr emulsion " wa......nted to meet or _d..U requl",,,,ent. of ASTM 0 3320 and conform to all maten.1 requi",.,ento
in Seelion 3.1 ofihi. specifICation. Gem Seal Corporation wiD provide detailed lpec1llcatlon. and cer1lr.cations upon rsquos!. The manufadurerwarranlsillese mallHl.ls to be merchantable
quality, when $lorad, used. and applied In accordance with these 􀁇􀁐􀀮􀁣􀁩􀁾􀁯􀁡􀁕􀁑􀀢􀀤􀀮􀀠Whll. the manufacturer ",commends uses for these material. based on les!. believed reii;lble,
!he manufacturer In no way guanmte.s particular method:!. of use. /IIlpllCllIion$. or performance under ceoain condition.. The manumdurer does not warrant thase pto<fucl. to be suitable
for anv \1$8 or method of application other than the generat purpose and method of application as indlcatO<! In tha.. speelfieatlons. Uablbly under Illis warranly is "miled!O tile ""pI....m.nt
of the product pro1/$n dar.elive or to Ihe purchaso priCE>. at Ihe manulac:turefs option, upon relll'll of111$ UflUl)ed pO!lfon. This warranly is made in lieu of 81 ather o><pres!led
or implied warranlle. and exclud.,liabllily for oonoequen.al dam!l\l"'. In lh. evont 01 .. claim under this warranly. written notice of 111. complaint must be given to tile manufaclJJrer.
5201 Causeway Blvd.. 4765 i"llIderick Or.. S.W. 2290 O/llInnel Av•• 3111 W. Saner Ave. 139 S. Walnut Circle TAMPA. FL 33619 ATlANTA, GA 30336 MEMPHIS, TN 313113 OALIAS, TX 􀀷􀁾􀀲􀀳􀀳􀀠
GREENSBORO, NC 27409 (813) 6.2l1-3941 (4114)S96-7aso (901) 􀁮􀁾􀀲􀀵􀁥􀀵􀀠 (214) 333-4343 (336) 854-8200 GEM SEALThl poiytllr,spec VER.2 
PUBLIC WORKS DEPARTMENT 50 YEARS OF FUNI (972) 450-2871 FAX (972)450-2837 16801 We.tgro•• April 28, 2004 REBCON, INC. 1868 WEST NORTHWEST HIGHWAY DALLAS TEXAS 75220 Attention: Mr. Robert
Bibby Re: Town ofAddison, Texas Richard Byrd Drive Pavement Replacement Final Acceptance ofNew Asphalt Pavement Dear Mr. Bibby, Please refer to Rebcon, Inc.'s correspondence of March
15,2004 to Mr. Steve Chutchian, Town of Addison, in which a procedure is outlined for the repair of asphalt pavement in a taxiway area at the Addison Airport. The pavement had been previously
rejected by the Town of Addison as defective and failing to conform to contract requirements. The correspondence outlined a method of repair which was subsequently verbally accepted
by the Town ofAddison on March 17, 2004 with a mutually agreed upon completion date of mid to late April, 2004. The fuilure of Rebcon, Inc. to perform the agreed upon repair in an expedient
manner has resulted in an increase in asphalt pavement deterioration such that the seal coat treatment is no longer an acceptable solution. The Town ofAddison will require removal and
replacement of the defective area in a manner acceptable to the Town. Rebcon, Inc. must submit a plan method of removal and replacement for approval by the Town prior to the work. Please
further consider this letter as formal notice of the intent of the Town ofAddison to exercise their authority if necessary under Standard Specification 1.42.1 Removal of Defective and
Unauthorized Work. Rebcon, Inc. will be allowed fourteen (14) calendar days from the receipt of this notice to submit a plan, obtain approval of the plan from the Town, and complete
the removal and replacement of the asphalt pavement to the complete satisfaction ofthe Town. The Town will remedy the defective work and deduct the cost of such from the monies due Rebcon,
Inc. should Rebcon, Inc. fuil to replace the defective work within this allotted time. 
Do not hesitate to contact us if you have any questions. Yours truly, Town ofAddison #' L,./, 􀁾􀁊􀁾􀀠 Steven Z. Chutchian, P.E. Assistant City Engineer Via Certified U.S. Mail, Return
Receipt Requested Ce: Michael E. Murphy, P.E. Jerry Holder, P.E. Jim Pierce, P.R. 
March 15,2004 Mr. Steve Chutchian Town of Addison P.O. Box 9010 Addison, TX75001-9010 RE: Richard Byrd Drive Pavement Replacement Addison Airport Dear Mr. Chutchian: Rebcon, Inc. consulted
with Austin Bridge & Road regarding the pavement raveling on the referenced project, and they suggested we contact Lewisville Paving Co., Inc. for a solution to the problem. We met with
Mr. Walter Holloway, President of Lewisville Paving Co., at the Airport on Thursday, March 11, 2004, so he could perform a visual inspection, and he offered the following: • Treat the
area with a heavy seal coat-sand coat. • Use polytar heavy duty pavement sealer material as manufactured by Gem-Seal of Dallas. • Scrub areas which are showing signs of raveling with
a wire broom in order to remove any loose materiaL Pre-n'eat rough areas with a heavy seal coat containing 6 to 8 pounds of sand, applied by squeegee, to cover seams and rough areas.
• Clean the area with a high pressure blower to remove any debris. • Apply a frrst coat of material containing 3 to 4 pounds of silica sand and approximately 7% of polymers by volume.
The application shall be approximately 0.12 to 0.15 gallons per square yard applied by spray. • Apply a second coat of material containing 2 to 3 pounds of silica sand and approximately
7% of polymers by volume. The application shall be approximately 0.09 to 0.12 gallons per square yard applied by spray. • Depending on the weather, the second coat will be applied not
later than the day following the first coat. The material will need 24 to 36 hours to properly cure after the second coat application, The re-striping can commence 24 hours after the
seCond coat is applied .. :No rain can be predicted for 24 hours after the second . application. Temperature wise, the best time for this procedure is mid to late ApriL 1868 W. NORTHWEST
HWY. DALLAS. TEXAS 75220 972/444-8230 
Please let me know ifthls solution meets your approval, and we will start coordinating with airport personnel for an April application time. Sincerely, REBCON, INC. :3: enclosure 
PAGE:01 t"AR-,u 134 12:57 FROM:GEMSEl"L TX 2143334399 "..POLYTARTM HEAVY DUTY PAVEMENT SEALER DETAILED APPUCATION SPECIFICATIONS 1. Scope: Thi. recommended praeUce ""VO", the ..pplicaUQfI
of Fol:ITer.... a high pertbnnanee. polymer modified. emUlsified coel tar pavement sealet Th.. appliQalion serve. as weather prote<:llOn. lMIauli/ioaiion of.urfeco:. aM aliphallc-oolYGnl
(petroleum dioiRlatOJ suell.5 gas. oil and dieMl) resiSlanl seal tnr asphalUe o;orn;rela paVr.tMlll. nf .lrpor! r.1ml"' ond 􀀢􀀧􀀢􀁩􀁷􀀮􀁾•. 􀁖􀁤􀀬􀁾􀁉􀀢􀁹􀀠low. and <llweways, 2. Refer'noes:
2,1 ASTM Specification 0-3320; Standard Spe<;ification for emulSified Coal Tar Pitcl1 (Mineral Colloid Type), 2.2 ASTM l'ipeeJficalion 0-490; Slantiard SpedrlOBllon fer Road Tar . •.3
ASTM SpeClTtealion 0·3423: 5tandard PracUce for Applieation of Emul.;rred Coal Tsr Pilch. 2.4 ASTM Spedf"",lion 0·2939: Staooa,d MethOda orTeolifl9 EmulBir... 6i1umens U••d as Protective
Coalings. 2.5 ASTIii Speelflcatlon 0-4866: Performan"" Standard for Coal Tar Pitch emulSlQII Pav"menl Sealor Foundation. Containing Mineral Aggr"llale& and OpUonaf Polymeric Admixture•.
2.6 AASHTO Specification TP5·Q7; Pr01li.ionel Standard Test Mefhod for Determining the Rileologlcal ",operti •• 01 A$phall Binder Using a Dynamic ShearRheQme!er. 3. Materials: 3.1. The
_Inletor shall use PolyTar '" polymer modified <>:W1.r emulsion. No altema.ve will be a<C<!p!6<I. P<lIyTar'M will conform to the (dRowing requir,men",: " 3.1.1. ASTM SpeoR<alIIQn [)'3S20;
Non volatlkt. (aolldl) ,,!\el/be 40% ±1%. 3.1.2. The r.flOOd tar prior to polymer modification shen COlIform 10 ASThI 0.490. 9,.4, RT·12. Tne relined tor shall be derived from high lemper;Wr.
coke oven tar .. OiI.nd water gas tars thall not be us<ttl oven Ihough they might ""mply with ASTM D-490. 9r6<l. RT·12. 3.1.3. PolymerIa refined tar ratio .hall be 7% by 􀀮􀁯􀁬􀁵􀁭􀁾􀀠of
refined lar(ASTM D-490. grade RT.12). and will conform 10 . lhe following crilerle: ' Dynamic SMar Rh..,lcgy (DSRl Test Result Tan Oe"a (G"IG'). 60'C lee. then 4.5 10 radianlsecond.
10% wain. ralio AASHTO 11"5·97 ' 3.1.4. The emulsion sheil be produced using a colloid mill to insure homogeneity and appropriate isl.. of the partlcl•• in 'SUspenSion. 3.1.5. The ""nlractor
Mdtor his $upp'er wI§ 􀁬􀀢􀁯􀁖􀁬􀁾􀀠a ""rilficalion wilh eacl1 bulk emulsion dO/illary indicating compliance wilh Ihe above reQUirement•. Furtl1er, lIIe certificalQ will indicalelhe
non-V<lIatile. (solids) ecntent and ash c:onieMI of thai partlcular transport lot •• determined by ",,,,,113 of test. performed on mawialloaded. Such certifications .hall be suojeCI
10 verlflcallon by teslifl9 sampl•• of \he emulsion receNod for u •• on the pft1ject. Costs of verificalion t""ling win be borne by Prajeol Adminislra\or. • 3.2 Dilullon wal., .haI!
be potable and free of e..:....I"" minerai. end conl.mlnanls· Walef will be provided by ProjllCl Mminislralor and .vallable wilhin " reasonable di.tOl\Ce !tom the job slle. 3,3. 􀁓􀀮􀁮􀁾􀀠wlU
be washed and lI1l1ded siliCII .and. or crushed. W\1$hed. and graded s"'g. fre. 01 all contaminants. and conrorming 10 the following 9redolion; Note: GradaUon. oUl$id. the•• ranges may
be used provtded past hiitory show$ GVidence of e durable !wf..:e. 4. Equipment; All tools and equipment !1eQfl..,,1'l' to pe!1orm the conlraclln accoroahce with Ihe $pecified lerm.
and condltions.!ueh as 􀁢􀁮􀁬􀁾􀁨􀀧􀁇􀀮􀀠hand squeegees, pumps and hOlle eQuip.ment. $IOIlIge tank •• mixing 'anks. WlIior diilribulOf•. 􀁰􀁣􀁷􀁾􀁲􀀠 swcepers. blowers. b.nicades and
applicator eqUipment ahall be p'Q'lided as {eqUlred by lIIe c;onkactor. All methodS emplOyed on performing the wO<1< and all equipment nece••ary fer "'ocullng any part of the work shall
be .ub)eCllo approval by Prol'lCl . Adminislralor 􀁾􀁥􀁦􀁯􀁲􀁥􀀠work is slarled, and when Iwnd unsall.faaQI'/Will be corrected. All eqUipmenl will be In good worlcifl9 condition. 
MAR-ii 04 12:57 FROM:GEMSEAL TX 2143334399 T01817 491 4600 PRGS:02 4.1. Sptay equipment used on lila job shall haw mO!Chanicat miXing dlMcti incorp.tllled in their conslruolioo 10 "ssure
homogoneous mixing of tht!! emul.lon and required additiwo. Tho PUMping &y$tem musl be aaequatato apply" unil""" coating at the spodfied lilt .. 01 application. Equipment requiring pressurization
of the mlidng tank for distribution will not be uoed. 4.2. Motorized squeegee application equipment used on the JOb wi! have I.wo or more devi"". such as squ""gees and/or drag bt<lom
....emb6... to anure evan di.tnbutlon or lilt!! !ar QmulGlon 8ystem. Mechanical mixing device. will be tnco!JlOrated 11110 the conslru<:1ion 011l1li applicator 10 """"'" h.M09eneoUG
miJeing 01 !be emUlsion and lequlred 􀁡􀁤􀁤􀁬􀁾􀁶􀁥􀁳􀀮􀀠 4.3. MOOtIg Or agllallng equlpmenl may be either portable powered or a tank.tl'l'e power mixer. "' .ny caSt. mi••rs shall b.
of &Uff,,:i.nt capa<ity to "lillIe homogeneous mixing of the """ulllion and tequlred additivM 􀁾􀁮􀁤􀀠10 maintain ""mplelft sUspension of minerai ooorcoate: untillhft fI!fTmltinn '!Ivtaft1
􀁾􀀠3Ppliod 10 U\c 􀁾􀁡􀁶􀁥􀁦􀁑􀀢􀁴􀀮􀀠AJlllJlYfdyt:: l¥llks ot OfOP lankem shaU be fiiquipped with rneehlllliealagillltoro .ufficienlto keep 111& coall.r emulSion hcmGQenou. during
61orage. 5. Preparation of Surfaces: 5.1. AllOW flew 􀁡􀁳􀁰􀁨􀁡􀁾􀀠to cute. Cure time vunes ..nth Iype of al/llhall, aggregate. weather QQflditiofl$, and conslnJetl!)n pro""dures. Hot
mix asphalt will uouolly cure In 30 -90 dllY", Cold mix pavements "ould ha"", at le ..100 days 10 cum. Required cure lime should b. determinea by ptoject Adminiulralot. and a wriUen
order 10 proceed will be furnished to the canlractor, 􀁾 .Z. Wide crael<s. el<t"".ive alligator otacking palter"". soft or ;unken 'potslndic.ste that the pavement and/or base ."ould
he repaired or ... placed extensive pitching .haU be allowed to cure prior 10 "",",coating in l!ICCQrdance ..􀁾􀁨􀀠5.1. 0.3. Thoroughly inspect the pavement for minor cracki and other
impe!feelion •. Ignore halnlne cracks. Craek. of approximalely 1/4 -31410011 wide should be cleared of debris and filled with. Gem Seal apprDlled crack sealant in eccoroance With manufadurere
opacification. (CPTIONAL) 6.4. Remoye oil and gl'&." .polS lila! nave Mt J.lOIfIT18I\8Ill!y damaged or softened the pav_t by scrubbing wllh a oetargenl and flushing with ",eter until
8 ","1..-bneaMr" GIlrface Is ebtainea. Oil.nO grease spots with deeper ""netnelian wiQ be hated by buming with hana Mid propane lorch, lind than coaling lIIe tpol wit" an approved oil
spot prilner ;ue/l a$ Tar-Prime, If the oil.pot i. so st!\Iere eslo cause permanent deterioration 0( Ill!> pavement. or ff the pavemant h.$ failed du& to oilier causes. the pavemenl
'hall be removed \Q Ihe tlllI depth of the damagt!! and repiaclld wItl'I naw 􀁡􀁾􀁨􀁡􀁬􀁴􀀠pavemenl in 8eeordanee with paragraph 5.1. 5.5. Old Iraffic conlrQ! 􀁾􀁮•• may b. blackened
willi hlaell epOXy or blacl< aaylic COIItingS. E""ellsive build up of linea should be abtaded before any prime prime coalS oraephall or wr emulsion are applied. (OPTIONAl) 0.6 Hlghly
Qx",ized or weathentd aSPh.lt sLlfIlMS shatl "" primed with a CQal of !>QlyTaf'· diluted 110 1 with water. Th. prime coat.hall "" allowed to dl)' lhoroughly I16fo,," proceeding wilh
addillonal allllticetions. Application rote .h211 be 0.09 -0.10 gallon per square yard of diluted PclyTor1V, (OPTIONAL) 􀁾􀀮􀀷􀀮􀀠 Immediately before eppHcalion of sealer. dean 111.
Gurfac:o 01 all lOOse dU81. dirt. I••v"•• and any other foreign motoriala by sweeping, blowing. 􀁾􀁵􀀦􀁨􀁬􀁮􀁧 with water. or any oombinaliOn of the Ill"",. 6. Mix Design and Application
Rates: 6.1. Use Coati .􀁇􀀸􀁴􀁩􀀰􀁾􀀠 􀁾􀀺􀀺􀀻􀀭 􀀢􀀧􀁾􀁾􀁾􀀺􀀮􀀠, MilcGaI/&J. Yo Low 1100 0-5 􀀲􀁾􀀠 11.10· 1.12 TraffIC r 100 >5 ().3 (l,na -0.12 Medium 􀀬􀁾􀀠 100 0.5 Z-3 0.10'.15
Trallic 2'· 100 1).5 O·J 0.10 -0.12 ! Hioh -I· U! Traffic I'.1: ).C I-1.1: '1.1 􀁃􀁯􀁡􀁵􀁾􀁒􀁡􀀡􀀺􀁦􀁲􀁾􀁥􀁤􀀠to I : 􀁾􀁴􀁲􀀻􀁩􀀺􀁾􀀺; 􀀱􀀱􀁗􀁾􀁾􀁾􀁾􀁊􀁡􀁤􀁍􀀮􀀠 I water need only b.
􀀢􀀢􀁾􀀢􀁮􀀢􀁾􀀠 sand in the t dA'k.:: .,.nu Sl\ould added \0 Ihe final coat wh"n skid teol$l.nce i. n.eded. WARNING: Adailion lal,,' polym... or fait df\'ing addllive& of any type I.
PoIyTa"";" nol n""",.sal)' and will be harmful to til" emul.lon. NOTE: 1. These waler diution ratlos are VOlumetric and am based 00 reeeiving PofyTa.'" wllh a sa6d. conionl of 40 +1-1
perc:ent. Z, AppfO)<imatelV 20 pounds of sand dis))Iace. 1 gallon of liquid. 
i"I'iR-.11 0q 12:58 FROM:GEMSEFL TX 2143334399 TO:817 491 4600 PAGE: 03 3. Project Adminislralor may require Ihe 'r:ontractor 10 submil 0"" or more samples, al random, Ihroughout Ihe
r:oU1•• of Iho job for mix design verification. WARNING: Sealcoats, when Improperly appned and/or under certain environmental conditions, may become slippery. A. with 􀁾􀁮􀁹􀀠 palnl-like
r:oallng, repealed applications reduce le""'re. Skid resistance cen be improved wilh additions of 3 10 4 pounds of .""d per g;,llon. CAUTION MUST ae EXERCISeO, particularly ""'on skid
resistance is a major Bafety factor. 6.2. Latex addiliv.,.: PolyTar'" ""ntains a high molecular weighl polymer lIlat is "'o.... linked with refined tar (RT-12). II i. nol Inlended to
b. used wilh any additives. lat .. or othe""'e. Any additive other than sillea ••nd cln bo dotrimantal to the emulsion and is not recommended by Gem Seal Corporallon. 6.3. Sand will
be slowly added Into the PoIyTa'" wtlh the mixer engaged during Ihe addition of tho ..nd 10 ••sur. uniform dispersion and 10 prevenl ovel1oading of tne mbCing deviOEl. Waler may be added,
if necessary, should Ihe lar emulsion system become 100 Ihid< to be uniformly appned, Additional waler wtU be added only 8ner approval by Ihe Froject Admlnlstrat .... and additions will
not ..eeed 5% by volume of undiluted Poly,ar'" or those amounls expressly slipul.wd by Ihe Project Administrator. S.4. Slew mixing shall be continuous from the time all malenals are
placed into the mixer until the pavement 􀁳􀁥􀁾􀁬􀁥􀁲􀀠mix is applied by the appli""Uon equipment. During the entire mixing process, no breaking, segregaling, or hardening of the emulsion.
and no balling or lumping of the oggreg.t. shIll be pelT11itted. 􀀶􀀮􀁾􀀮􀀠 The coating shall be appUed unIformly over the entire pavement surfaee and free 0' voids and pjnholes. When
pavement temperature$ are in Q)(C8SS of 12()9F. fog 6praylng of pavement with clean water is recommended to achieve better bond 8r1d even 􀁾􀁰􀁲􀁥􀁡􀁤􀁩􀁮􀁧􀀠of malerial. Fog spray shall
dampen pavement wilhout leaving 􀁰􀁵􀁤􀁤􀁬􀀮􀀦􀀮􀁉􀁏􀁐􀁔􀁉􀁏􀁎􀁁􀁾􀀱􀀠 6.6. Subsequenl coals will be applied orily after lhe previous coat i. dried, preferably 24 hours 1.ler, bul no
I... than 4 hour. under ideal conditions. Ideal conditions ere lemperatureoln excess of 70'F, aun.hine, and les91hen 60% 􀁲􀁥􀁬􀁡􀁬􀁩􀁶􀁡􀁨􀁵􀁭􀁩􀁤􀁾􀁹􀀮􀀠 Marginal conditions can require
curing times grealer Ihan 􀀲􀁾􀀠hours. Subsequent coal••hould be apptied 8t rlghl angles 10 Ihe previous coat. Wpossible. 6.7. Sealer will not be applied unless the temperalure Is a
minimum 50'F and rising and pavemenllempe,.lure is 60"F and rising. War!< will b. completed 00 Ihel there is 8 minimum "'two houre of sunlighl remaining after completing lhe day's wer!<.
S••ler will nol be applied under rainy or wel.:ondilions such as an ovarcasl sky wilh high humidity. UNDER NO CIRCUMS,ANCES win work be performed under cold and/or wet coodition5, nor
will tar emulsion be used that has been subjected 10 freezing YJE!ather. 7. Incidentals: 7.1. The conlractor and Project Adminislrator wi!! coordinate their activi6es with each other
to in.ure Ihe avallabnity 01 the war!< .rea "" as nol 10 delay the execution of the prvject, 10 mainwin !ra/fie flow, end to minimize activities thai might be delrimentallO Ihe work.
in progress such as automatic Sprinkler sY5tem5, other QJsttlrner Qr CfJn:strudion traffiC. etc. 7.2. The contractor ",II nolify the Project Adminisuafor of pavemenl are•• that he fe.ls
have .0 deteriorated or have olher oulside f,clors such ,s poor drainage, improper con.truotion, etc., that will render the application of ••e.1 coal inelfective. 7.3. Striping will
be done with a late. or acrylic painl approved by tho manufaclurer. Ne striping will commence unllilhe se.1 coal 10 be slrlped has cured for alleast 24 hours. 7.4. The contractor ahall
submit with hi6 propoGslat least three rilferenca& of previously completed projects, proof of workers compensation and liability insurence coverage, and ellloc81 bu.ine.slieenseo and
􀁰􀁥􀁲􀁲􀁮􀁾􀀮􀀠􀁾􀁳􀀠required required by local aulhortli ••. 􀀷􀀮􀁾􀀠 The tontrac;lor "';11 provide a performance and paymenl bond to the Project Admlnlstralor -OR -waive,. of lien
Itom suppliers wtll he providod wilh ".ch invoi"" of p"yment. {Optionall. 8_ Job Site Location and Scope of Project: See Exhibit "A." (To be drawn and attached by property owner. manager,
or .rchilecVengineer). 9. Basis of Payment: The$e prlees shall be full compensation lor lurnishing malerials, prep.ration, mixing. and applying malerials in compliance with this specification,
and 􀁦􀁯􀁲􀁡􀁾􀀠the tools, equipment, labor. and incidenlals necessary 10 complete this project. The proposal shallll1dlcale by in8 118m: 1. The appI'Ol<imale square yard. and ""Bt 01
patching to be performed. 2. The approximate lineal feet and cost of c:r'Bck sealing to be performed. 3. The app!O)(imale square yards and ""Bt of Ihe sealcoating 10 be performed. 4.
The approximate tineal feet and cost of the traffic striping to be performed. -OR-A lump sum cost when performed in accordance with painting 􀁤􀁬􀁡􀁧􀁲􀁾􀁭􀁬􀀠provided by the Projecl
Administrator. poIytar.$pec VER.2 
􀁴􀀱􀀧􀁜􀁒􀁾􀀱􀀱􀀠 04 12:56 FROM:GEMSEPL TX 2143334399 TO:817 491 4600 PI'GE:04 5. Tolar cost or ploject. (Allillicable taxes. pomnilling tees andlor miscellaneous charges shall be Identified
by 1ype and amount) 10. WARNINGS and Miscellaneous Notas: 10.1. Sl!id R""i\llonce, SeslcccllJ, when imprcpel\y epj>1Ied anellor under _in el11limnmcn!ar <XIndlUons. may become Illippery.
AS with .ny palnt.like coating. mpt18ted applcalion$ naOucelmdut'e. Skid rHi,lance am be itrf'l'IWed wilt! a<ldlUon. or 3 to 4 pounds of IaIld per 1I"11on. CAUTION MUST iii: EXERCISEO,
pllriieulatly when .kld ,"ISlance Is a majOr safelV raclor. Gem Seal COlJlOration dOli nOl ,ecomm,nd ualOOllllin9 ••phaR pave_nil willt the fi)lIOwing cl\anaderietics; main thoroughfares.
runways. steep inclines, poor drainall", and vehicles lravefing at $!leeds In _ •• of 2S mph thot .re subject to rapid slops or hydroplaning. eem Seal COlPOration recommends applying
coaIllIr O!WIsion 10 alphal\ pavement surfaces only. 10.2. Container warning: Conlllners, r.glrdles$ or beir19 empty, 􀁨􀀮􀁾 full, or lull of product, may retain I residue of liquid
andlor YBjIOr and 08Il be dangelllU8. 00 NOT PRESSURIZE, CUT. WELD, llRAZE. SOLDER. ORIll. GRIND. OR exPOSE SUCH CONTAINERS TO HEAT. FLAME. SPARKS. OR OTHER SOURCES OF leNITION; THEY
MAY EXPLOOe AND CAliSE INJURY OR OEATH. 00 not attempt te dean Iince resldue 10 dlfllcult to remove. "empty" drum. ShOUld be completely dr.ina<!. properly bung<!(l. Ind prompUy re\Ul'll8d
Ie • dtum recondllioner. 􀁅􀁭􀁾 plilllihoutd h ...... !II Itole punched in the poil bOttom 10 prevent drowning or sm.11 chidn!ln. AI containers allould be di""",," In an emironmen!ally
􀀬􀀮􀁦􀁾􀀠manner and in .CCCln:ronce with governmenlal legUlafions. For werle on tanks, reler 10 OSHA regulation., ANSI 49.1. snd ether ;ovemmenlal and indu.lria! reference. perlAining
10 cleaning. repairing, welding, or other _"'mplala<! operatiOns. -Container refers 10 Bny vessel. can. drum. lanker, dlstributor tank, e!C.• thai may be used for Mndllng andlor sioring
any of the products cowreo by Ihls guideline speciftcatlon or any produel of unknown Origin. 10.3 Ht!iO!!h and Environmental: PoIyTa,.,.' • ..ot conoider.d a hazardous wasle and meets
all currenl FedOfellllqulremenls ror industrial walt.. M AN APPUCAlOR you sho!Jld be familNlr wiIh III potenUal hezatds prior to 􀁥􀁮􀁴􀁥􀁾􀁮􀁧􀀠the Wl:>rI<plac;e. 'TOXicity Ch"",cterizaliOn
l .... ching Procedure inl'olmllt/on 1111(1 Malilial5ll191y DIIa SI'IGIlI& will be provldeo upon requesl In ""•• of acddtnlal spill, contain wilt! ablorDen! mataIIaI, IIlow 10 d.y, and
dispote ofa-.:ling to local, state and federal regulalion•. 􀁐􀁲􀁥􀁃􀁬􀁬􀁵􀁬􀁩􀁯􀁮􀁾􀀠should be taken to prevent 􀀮􀁾􀁲􀁦􀀮􀁣􀁥􀀠nmo« and PolYTar'" from entering .torm gr;Jlnage ""stem
()( POll"'. 10.4. Maintenance Of eoaung can prolong ItS lifo and iIIIrae1i1/e appearance. Sand, gravel and OIhar debris should ba removed a. IMy""""mulal&. Oil drippillgS. anlifroeze,
.ne. can be SCNbbed with mild detersenla and fluahed with clean watet. 10.5. Technicol e..􀁾􀁮􀁃􀁃􀁬􀁩􀁬􀀠"vailable frt>m Gem SfIII COfllOl'aOon uPOn request 10,6, 00 not allow to tra.....
LlMIlED WARRANTY PoIyTar"'!>C1Ymer modmed coal tar emullion 1$ warrenled Ie meel or _ all requirement. of ASTM 0 3320 and conform 10 ali 􀁭􀁡􀁴􀁥􀁾􀁡􀁬􀁬􀁥􀁱􀁵􀁩􀀢􀀢􀀢􀀢􀀢􀁉􀀧􀀠in Seclioo
3.1 orIhl. opecir_ion. Gem Seal Corporation will provide detailed spec:lficetlons aM eortifieotion. 􀁾􀁰􀁯􀁮􀀠requo.t. The mlll'lufac:turer warrants these materials to be mtm:hantable
quality, wilen sloted, used, and applied in ateomance with these opeciIicaUon•. While the manufaolurer """""mencl$ uua 1Or1h_ materials based on test. believed le1iiJble. the manufacturer
In no way gu....ntau particular methods of use. applications. or pe!fomlilnce under certain conditions. The manufacturer do•• not Warran\ !!lese products to be suitable for any use or
1Ilfl1/10<l of applicatIOn O\ll8rlhan IN! general purpooe and method Of eppl""t/on a. indICated In tnese specmcallons, Uabiliiy under lilis warranty i$ nmited 10 !he ",placement of the
product proven def"ctive or to the purchQSG pri.... at the manufacturers oplion, opon reIlnl or tIIa unused portion. This warranty it made in lieu 0181 O\her axprenod or implied warranties
and excludes liabilily for eonuquential damages. In the .... en! of a claim under this warranty. written notice of Ihe complaint must be 􀁾􀁩􀁶􀁥􀁮􀀠to lIIe manufacturer. 5201 Causeway
61\1<1.. TAMPA, FL 33619 (SI3) 523-3941 4765 FNderic:k Or" $.W. ATLANTA, GA 30336 (404lB98-7tleO 2290 Ohannel Ave. MEMPHIS, TN 38113 (1101) 77a-2tiSe 3111 W. Sa""r Av•• CALLAS, TX 75233
(214) 333-4343 139 S. Walnu! Circle GREENSBORO. NC 􀀲􀀷􀁾􀀰􀀹􀀠 (336j 864-8200 GEM SEALThf polj\.r.spec VER.2 
Message Page 1 of2 Steve Chutchian From: Bill Dyer [BilI.Dyer@Staubach.com] Sent: Thursday, Aprt115, 20041:48 PM To: Mecca Howard Cc: Lisa Pyles; Steve Chutchian; Lou Elguezabal Subject:
FW: REBCON Final Invoice Per Steve's instructions below, Until we receive documentation from the City that the Rebcon work is completed to the City's satisfaction, we are not to make
final payment. Should REBCON make a second inquiry, please refer them to either Lou E. or Steve Chutchian. If and when the invoice is received, there should be approval for payment evidenced
by the City and Lou or Lisa from the Airport. Any questions, please let me know. Bill Dyer "..""Original Message---From: Steve Chutchian [mailto:schutchian@)ci.addison.tx.us] Sent: Thursday,
April 15, 2004 10:14 AM To: Bill Dyer Subject: RE: REBCON Finallnvoice Bill: We are holding the final payment to REBCON until they finish the "punch lisf' item that is still outstanding.
SpeCifically, they are supposed to apply a seal coat finish over the new pavement during the month of April. To date, they have not performed this work. Consequently, we need to hold
off on paying them until they complete this work. We also have written correspondence from REBCON stating that they will finish the work this month. Thanks. Steve C. -----Original Message----From:
Bill Dyer [mailto:BiII.Dyer@Staubach.com] Sent: Wednesday, April 14, 2004 2:12 PM To: Steve Chutchian Cc:: Jim Pierce; Mark Acevedo; lou Eiguezabal; Lisa Pyles Subject: REBCON Final
Invoice Steve; We received a call from Robert Bibby with REBCON looking for their final payment. He faxed our office an invoice in the amount of $27,462.25. He indicated that you were
going to process the pay request on or about 3/17104. Is it okay for us to pay this invoice? Do you need me to fax a copy ofthe invoice for your approval? Are their any final waivers
REBCON needs to execute with this final payment? Thanks, Bill Dyer 4/19/2004 
REBCON,'NC. March I, 2004 :Mr. Jim Pierce Texas Department of Transportation p.o. Box 9010 Addison, TX 75001 Dear Mr. Pierce: In connection with the annual examination of our accounts
by Stefancik &:: Co., CPA's, please confirm directly to them the correctness of the following amounts receivable from you as of 12t;.t;!;.mk!!I" 3.l._:£QO.:J: Amounts due Rebcon, Inc.,
as of December 31, 2003 from i'fi0316 -Richard Byrd project. Contract Amount $ 222,740.50 Current: $133,008.36 Retainage: $ 22,462.25 If the above amounts are correct, please indicate
by signing below. If you do not agree :IN'ftli me:abeve'date", pleasefuCficatetIieCletail of any"ruscrepancies. In either case, please rerotii this letter"andariyexplanatl6i:is -cllreciNt6
Si:e£ancik &; Co., 1041 CR 3314 Greenville, TX 75402. A stamped, self-addressed envelope is included for your 􀁣􀁯􀁮􀁾􀁾􀁾􀁾􀁣􀁥􀀮􀀠􀁙􀀰􀀮􀁅􀁲􀀮􀁰􀁲􀀨􀀩􀁲􀁮􀁐􀀮􀁴􀁲􀀮􀁾􀁳􀁬􀀿􀀿􀁊􀀿􀀺􀁓􀁥􀁽􀁳􀀠ap12rec
iated. Sincerely, Stefancik &: Co.: _-----.:V=_____'The above information is correct. ___ The above information is not correct; discrepancies are noted as follows: .., .. r; :.. "'..
1888 W, NORTHWEST HWY. DALLAS, TEXAS 75220 972/444-8230 
103 104 105 106 107 108 109 110 111 112 DESCRIPTION Mobilization Maintenance of Traffic UncI. Pvmt ExcavatiOn S" Lima Slab. Subgmda Hvdrated Lime 3'" Cement Treated Base 3'" Bituminous
Pvmt Tack Coat (0.15 GallSYj 6" Sol Val Ta><iway 􀁓􀁴􀁲􀁩􀁾􀀠 6'" Doublo Sol Vel Stripe Silt Fence SW3P Inlet Protection Bonus CONTRACT QUANTITY 1 1 2820 7240 180 7240 1225 1100 1075
65 1120 1 20 UNIT PREV QTYTHIS QTY UNIT PAY THIS MEAS QTY ESTIMATE TO DATE PRICE ESTIMATE LS 1 0 1 $11.000,00 $0,00 LS 0.33 0.67 1 $29,000.00 $19,430,00 CY 2820 0 2820 $8,00 $0,00 SY
7240 211 7451 $2,20 $464,20 TON 180.2 0 180.2 567,00 $000 SY 0 7451 7451 $8.00 $59,608,00 TON 0 1223.91 1223.91 $52,00 $63,64332 GAL 0 1117.7 1117.7 $1,50 $1,676.55 LF 0 1108 1108 $2,SO
$2,770.00 LF 0 65 65 $3.00 $195,00 LFfffi: 1050 $2,00 $000 EA 0 0 $200.00 $0,00 o 0 0 $0,00 $0.00 DAY I o I 0 a $2SO.o0 $0.00 WORKCOMP TO DATE $11,000.00 $29,000.00 $22,560.00 $16,392.20
$15,677.40 $59,608,00 $63,643.32 $1,676.55 $2,770.00 $195.00 $2,100.00 $0.00 $0.00 $0.00 $224,622,47 22,462.25 $202,160.22 $0.00 $69,151.66 $133,008.36 Contractor: Rebcon, Inc. 1868
W. Northwest Hwy. Dallas, TX 75220 Work Completed This Month: 147,787.07 Less 10% Retainage: 14778.71 Total Due This Month: 133008.36 David Wilde, Town of Addison Approved: 􀀭􀀭􀀧􀁾􀀺_􀀮'-􀀺-􀁊'􀀴=􀁟
􀀮'􀀠--:.;;.eL_t._=􀀮􀂥􀀧􀀭􀀧􀁾􀀢􀀧􀀭􀁟􀀮􀀺􀀮􀀺􀀮􀁛__ Steve Chutchian, Town of Addison Pay Estimate No.: 2 Project Name: Richard Byrd Drive Pavement Reconstruction Addison Airport -Addison,
Texas Estimate Period: 12-1-03 to 12-19-03 RI Job #0316 Work Completed to Date: Less, 10% Retainage: Less Previous Payments: Less Previous Billings: Total Due This Estimate: Date: __.:1:.;;.2.--,1_2.
_3:.;;.·􀁾􀀬􀀭􀀨􀀷􀁟􀀡􀁊􀀻___ Page 1 
FINANCE DEPARIMENTfpIIRCHASING QIVISIQN 535Q Belt (JDe Road (972) 45Q=799J E-mail m.suh@d addison tv US . Facsimile (972) 450-7096 P.O. Box 9010 Addison, Texas 75001 October 28, 2003
Rebcon, Inc. Robert C. Bibby 1868 W. Northwest Hwy Dallas, TX 75220 NOTICE OF AWARD: Richard Byrd Drive Pavement Reconstruction Dear Mr. Bibby: Receipt ofthis document authorizes your
company to provide all labor and materials as outlined in the specifications, and under the terms and conditions ofthe contract documents fur Bid No: 03-32. Enclosed please find fuur
completed copies of the contract to be signed by an authorized officer or principal ofyour firm. Please send the signed contracts along with the necessary insurance certificates and
bonds as soon as possible, but no later than November 7, 2003. Once we receive these items these items a Notice to Proceed will be issued_ Ifyou have any questions or ifI can be ofassistance
to you, please contact me at 972-450-7091. Sincerely,! 􀀯􀁊􀁾􀀠 MinokSuh Purchasing Coordinator Enclosures Copy: Steve Cbutcbian 'Luke Jalbert , 
IN WITNESS TIIEREOF, the parties ofthese presents have executed this AGREEMENT in the year and day first above written. TOWN OF ADDISON ATTEST: (OWNER) City Secretary Party of the Second
Part (CONTRACTOR) ATTEST: By:___________ The following to be executed ifthe CONTRACTOR is a corporation: I, , certifY that I am the secretary ofthe corporation named as CONTRACTOR herein;
that who signed this Contract on behalf of the CONTRACTOR is the of said corporation; that said Richard Byrd Drive Pavement Replacement Contract was duly signed for and in behalf of
said corporation by authority of its governing body, and is within the scope ofits corporate powers. Corporate Seal CA-2 
REBCON,'NC. February 2, 2004 Mr. Jim Pierce, P .E. Assistant Public Works Director Town of Addison P.O. Box 9010 Addison, TX 75001·9010 RE: Richard Byrd Drive Pavement Replacement Addison
Airport Dear Mr. Pierce: This letter is in response to your letter dated January 28, 2004 regarding the HMAC for the refurenced project. The HMAC was placed according to TxDOT specifications
because of the reference to these specifications on Plan Sheet p.1. The work was inspected by the Town of Addison and an employee of Engineering Consulting Services, L TO. A "punch list"
to complete the work was created by the Town's Inspector, Mr. Dave Wilde, and was completed by Rebcon, Inc. Final acceptance ofthe work was accomplished on December 19,2003. Upon final
acceptance ofthe work, the Project entered into the maintenance period. The problems you specified in your letter may be a materials and workmanship issue and will be addressed according
to the maintenance bond. Time charges should not be resumed, because the project was was completed and accepted by the Town of Addison. Rebcon is very concerned about the quality ofour
work and our client's satisfaction, and we have already begun our investig,ation ofthese problems. Please call me if you have any questions regarding our response to this issue. Sincerely,
REB CON, INC. /'< RObertJ.Bibby 1868 W. NORTHWEST HWY. DALLAS, TEXAS 75220 972/444-8230 
50 YEARS OF FUNI January 28, 2004 CERTIFIED MAIL -RETURN RECEIPT REQUESTED Rebcon, Inc. 1868 West Northwest Highway Dallas, Texas 75220 Attn: Mr. Robert Biddy RICHARD BIRD DRIVE PAVEMENT
REPLACEMENT Mr. Biddy: The Town of Addison has performed an inspection of the Hot Mix Asphalt Cement (HMAC) pavement installed by Rebcon, Inc. on the Richard Byrd Dri ife Pavement Replacement
project, and has found that the pavement is raveling, particularly at longitudinal joints and at the edge joint abutting the hangar slab. On December 9, 2003, HNTB Corporation consented
to your request to place. the HJvIAC pavement using TxDOT specification item 340 in place of the originally specified NCTCOG item 5.7. TxDOT item 340.6.(8) states the following: If the
surface ravels, flushes, ruts or deteriorates in any manner prior to final acceptance of the work, it will be the Contractor's responsibility to correct this ." condition at his expense,
to the satisfaction of the Engineer and in conformance with the requirements of this specification. Therefore, we hereby notify you that the HMAC pavement is not acceptable according
to the specifications, and request that you submit to the Town a proposed method of correcting this situation. Upon Receipt of this letter, the Town will resume time charges on the contract
until the surface course is considered in compliance with the specifications. Thank you for your prompt attention to this matter. If you have any questions, I may be reached at 972-450-2879.
Sincerely, Jim Pierce, P .E. Assistant Public Works Director 39131 
Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
and the COLONlAL AMERICAN CASUALTY AND SURETY COMPANY. corporations of the 􀁓􀁜􀁬􀁬􀀢􀀢􀀬􀁾􀀮􀁲􀁹􀁬􀁡􀁮􀁤􀀮􀀠by PAUL C. ROGERS, Vice President, and T. E. SMITH. Assistant Secretary,
in pursuance 􀀹􀁻􀀨􀁜􀁾􀁉􀁬􀁬􀀧􀀡􀁯􀀢􀁾􀁩􀀩􀁍􀁩􀁩􀀮􀀮􀁴􀁈􀀮􀁹􀀠Article VI, Section 2, ofthe By-Laws of said Companies, which are set fonh on the reverse 􀁾􀁾􀁾􀀱􀁶􀁉􀀠􀀧􀁾􀁾􀁥􀁾􀀠 .
led to be in full force and effect on the date hereof, does hereby nominate, constit,lJl<i!lI'II11{:um<tq,1J " S _ n W. NEWBY, R. Don HURST, Patricia BARTLETT, Ray 􀁗􀁁􀀺􀁲􀁳􀀮􀀮􀁾􀁾􀁩􀁩􀀡􀀠􀁇􀁻􀀧􀁪�
�􀀻􀀠 .\. 1-. TORM and Krystal L. WEBER, all or Dallas, Texa., 􀁅􀁁􀁃􀀡􀀡􀁲􀁜􀁴􀁾􀁾 􀁡􀁴􀁾􀀭􀀱􀁜􀀺􀀮􀀮􀁍􀁜􀀺􀁲􀁲􀁾􀁾􀁾􀀧􀀱􀁮􀀠 #.\hl>Y1i/f.:Pact. to make, execute, seal and deliver,
for, and on its behalf as 􀁳􀁵􀁲􀁾 :I(ltl76(}i!,Wi.,i'ni:! 􀁤􀀺􀁔􀁾􀀻􀀻􀀺􀀺􀁴􀁻􀁉􀀡􀁾􀁾􀁴􀀴􀀧􀁾􀀱􀁬􀀠 􀁯􀁾􀁤􀁳􀀠and undertakings EXCEPT bonds on behalf of Independent 􀁅􀁸􀁥􀁣􀀱􀁦􀁾􀁾􀁩􀀧􀁵􀁜􀁾􀁾􀁾􀁩
􀁬􀀱􀀾􀁲􀁲􀁬􀁕􀁪􀁬􀁬􀁪􀁃􀁩􀀢􀁬􀁲􀁩􀁭􀁮􀁮􀁩􀁴􀁹􀀠Guardians, and the execution of such bonds or undenakings in 􀁰􀁵􀁲􀁳􀁜􀁩􀁩􀁩􀀧􀁾􀁯􀀧􀁴􀁴􀀴􀁥􀁾􀁾􀁾􀁷􀀻􀀬􀁳􀁦􀁵􀁴􀁩􀁦􀀶􀁥􀀠as binding
upon said Comparues, as fully and amply, to all intents and purposes, as if they 􀁾􀀱􀀵􀁩􀁩􀁩􀁬􀀧􀀡􀁩􀁊􀂮􀁙 blc!i.:ned and acknowledged by the regularly elected officers of the Company
at its office in Baltimore, Md" in\!ll.liM:(ivn proper persons. This power of attomey revokes that issued on behalf of Sam J. MULLIS, JR.• John W. NEWBY. R. Don HURST. Patricia BARTLETT.
Julie HOGUE, Ray WATSON. Carol GOODENOUGH, Debbie SMITH, dated February 21. 2003. The said Assistant Secretary does bereby certify that the extract set forth on the reverse side hereof
is a true copy of Article VJ, Section 2, ofthe By-Laws ofsaid Companies. and is now in force. IN WITNESS WHEREOF. the said Vice·President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERJCAN CASUALTY AND SURETY COMPANY. this 7th day of October, A.D.
2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: T. E. Smith Assistant Secretary Paul C. Rogers Vice Presidem State of Maryland
}ss. City of Baltimore . On this 7th day of October. A.D. 2003. before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS,
Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONlAL AMERJCAN CASUALTY AND SURETY COMPANY, to me personally known to
be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said
Comparues, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year ftrst ahove written. Dennis R. Hayden Notary Public My Commission Expires:
February 1,2005 POA-F 168-0016A 
.' EXTRACT FROM BY-LAWS OF FIDEUTY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2, The Chairman of the Board, or the President, Or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Comutinee, shall have power, by and with the concurrence of the
Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the busjness of the Company may require, or
to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments
of judgements, decrees, mortgages and instruments in the nature of mortgages,....nd to affix the seal of the Company thereto." EXTRACT FROM BY·LAWS OF COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY "Article VI. Section 2. The Chairman of the Board, or the President. Or .ny Executive Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents
specially .uthorized so to do by the Board of Directors Or by the Executive Comutinee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries,
to appoint Resident Vice-Presidents. Assistant Vice-Presidents and 􀁁􀁴􀁴􀁯􀁲􀁮􀁥􀁹􀁳􀁾􀁩􀁮􀀭􀁆􀁡􀁣􀁴􀀠as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakingt recognizances, stipulations, policies, contracts. agreements, deeds, and releases and assignments of judgements! 􀁤􀁥􀁣􀁲􀁥􀁥􀁳􀁾􀀠mongages
and instruments in the nature of mortgnges, ... and to affix the seal of the Company thereto," CERTIFICATE 1, the undersigned, Assistant Secret.ry of the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:
and I do further certify that the Vice-President who executed the said Power of Attorney was one of the addit'onal Vice-Presidents specially authorized by the Board of Directors to appoint
any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,
This Power of Attorney and Certificate may be signed by facsiutile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and
held on the 5th day of May, 1994, RESOLVED: "That the facsiutiIe or mecharticaUy reproduced seal of the company and facsjutile or mechanically reproduced signature of any Vice-President,
Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall
be valid and binding Upoo the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals
of the said Companies, this 􀁟􀀭􀀲􀀹􀀢􀀬􀁴􀀢􀀬􀁨􀁾􀁟day of__-'J"'a"'n"u"'a"r-'y'--____, 2004 AssiS{(IfIJ Secretory 
􀁃􀀰􀀱􀁾􀁓􀁅􀁎􀁔􀁏􀁆􀀠 OWNER 0 SURETY COMPANY ARCHITECI' 0 TO FINAL PAYMENT CONTRACTOR 0 SURETY 0 AlA DOCUMENT G707 OTHER Bond No. PRF8719833 PROJECT: Richard Byrd Drive Pavement Reconstruction
(name, address) Addison, Texas TO(Owner) [ Town of Addison ] ARCHITECT'S PROJECT NO: 5350 Belt Line Road Addison, TX 75001 CONTRACT FOR: Construction [ ] CONTRACT DATE: October 28, 2003
CONTRACTOR: Rebcon, Inc. 1868 W. Northwest Hwy. Dallas, TX 75220 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here
insert name and address of Surety Company) Colonial American Casualty and Surety Company 12222 Merit Drive #700 Dallas, TX 75251 ,SURETY COMPANY, on bond of (here insert name and address
ofContractor) Rebcon, Inc. 1868 W. Northwest Hwy. Dallas, TX 75220 , CONTRACTOR, hereby approves ofthe final payment to the Contractors, and agrees that final payment to the Contractor
shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) Town of Addison 5350 Belt Line Road Addison, TX 75001 ,O WNER, as set forth
in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 9'h day of January ,2004 Colonial American Casualty and Surety Company Surety
Company Sign.rture of Authorized RepresentativeAttest: 􀁾•. 􀁾􀁩􀁴􀁊􀀩􀁲􀀺􀀬􀁊􀀠 v.J. j •• (Seal): I 'f'-'1J \J . 􀁾􀀠 Patricia Bartlett Attorney-In-Fact Title NOTE: This fmm is to be ",ed as a companion document '0 AlA DOCUMENT
G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AlA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION. AlA® ONE PAGE @1970.
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave" NW, WASHINGTON, D.C. 20006 
FINANCE DEPARTMENTIPURCHASING DMSION 5350 Bolt Un. Road (972)450-7091 E-mail purchasing@ci.l1ddison.tx.us Facsimile (972) 450-70% P.O. Box 9010 Addison. TeJalS7S001 November 11, 2003
Rebcon, Inc. Robert C. Bibby 1868 W. Northwest Hwy Dallas, TX 75220 Re: NOTICE TO PROCEED-Richard Byrd Drive Pavement Reconstruction Dear Mr. Bibby: This document shall serve as your
Notice to Proceed for the above referenced Project, and is issued and effective November 12, 2003 to provide all labor and materials as outlined in the specifications, and under the
terms and conditions of the contract documents. Enclosed is your copy ofthe signed contract. The proposed improvements and work shall be completed within (60) sixty calendar days, with
the original contract price of$222, 740.50. Please include Bid No. and Name: 03-32 Richard Byrd Dr Pavement Reconstruction, on all monthly invoices or other correspondence to the Town
ofAddison. Should you have any questions, please contact my office at 972-450-7091. Sincerely, MinokSuh Purchasing Coordinator Enclosure Cc: Steve Chutchian Luke Jalbert 
FINANCE DEPARTMENTIPURCHASING DIVISION 5350 Belt Line Road (972)450·7091 􀁅􀁾􀁭􀁡􀁮􀀠purchasing@cLaddison.tx.us Facsimile (972) 450·7096 P.O. Box 9010 Addison, roxas 75001 November 11,
2003 Rebcon, Inc, Robert C. Bibby 1868 W. Northwest Hwy Dallas, TX 75220 Re: NOTICE TO PROCEED-Richard Byrd Drive Pavement Reconstruction Dear Mr. Bibby: This document shall serve as
your Notice to Proceed for the above referenced Project, and is issued and effective November 12, 2003 to provide all labor and materials as outlined in the specifications, and under
the terms and conditions of the contract documents. Enclosed is your copy ofthe signed contract. The proposed improvements and work shall be completed within (60) sixty calendar days,
with the original contract price of $222,740.50. Please include Bid No. and Name: 03-32 Richard Byrd Dr Pavement Reconstruction, on all monthly invoices or other correspondence to the
Town of Addison. Should you have any questions, please contact my office at 972-450-7091. Sincerely, 􀁾􀀠 MinokSuh Purchasing Coordinator Enelosure Cc: 
DATE SUBMITTED:_____ FOR COUNCIL MEETING:_____ Council Agenda Item: ___ SUMMARY: This item is for the award of contractto Rebcon, in the amount of $222,740.50, for the Richard Byrd Drive
Pavement Reconstruction Project. FINANCIAL IMPACT: Budgeted Amount: $400,750 Cost: $222,740.50 Funding Source: Airport Operating Fund BACKGROUND: Washington-Staubach determined that-the
pavement on Richard Byrd Drive was severely deteriorated and in need of immediate reconstruction. Currently, there are several large failures in the pavement that are being temporarily
covered by metal plates for access and safety. The firm ofHNTB Corporation prepared engineering plans and specifications for construction ofthese improvements. The project was programmed
by the Addison Airport and will be funded from the operating fund account. Attached is a bid tabulation for this project. The bid proposal for construction was structured to provide
an incentive/disincentive method ofbidding the improvements. Specifically, each bid submitted was required to consist oftwo parts whereby: a. The Contractor submits a standard bid (A),
which is the summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices. b. In addition, the Contractor submits a time bid (B),
which is the product of the number of calendar days required to construct the project, determined by the Contractor, and Daily Value established by the Town. The Daily Value was established
in the contract at $250.00. The number of calendar days is intended to include inclement weather, holidays, etc. The lowest bid (Total) for award of the contract was determined as the
lowest sum of the standard bid (A) plus time bid (B). The contract establishes the actual contract amount for payment to the successful contractor to be the value indicated in the standard
bid (A). Also included in the bidding process was a provision whereby the Contractor is awarded in incentive payment if construction is completed prior to the number of calendar days
he submitted. The total amount of the incentive is the product of the Daily Value ($250) and number of days the Contractor completes the project prior to the established contract time.
Accordingly, the contract provides for a disincentive amount to be established 
based on the product of the Daily Value ($250) and amount oftime that the Contractor exceeds the established contract time. The total incentive payment cannot exceed $5,000.00) However,
there is no limit to the amount of disincentive reduction from the Contractor's final payment that the Town will impose for going over the contract time limit. Twenty-one contractors
picked up the plans for the project, but only three attended the mandatory pre-bid meeting, and only two bids were received. The two bids were within 7% ofeach other. Rebcon submitted
the lowest Total bid (A + B), in the amount of $237,740.50 and 60 calendar days. The actual amount ofthe standard bid (A) recommended for award is $222,740.50. This amount is within
the engineering estimate of$473,890.00. The Engineer performed a necessary reference check on Rebcon, and received excellent recommendations for work performed on similar construction
improvements. RECOMMENDATION: Staff recommends that Council authorize the City Manager to enter into a contract with Rebcon, for the Richard Byrd Drive Pavement Reconstruction Project,
in the amount of $222,740.00 
DATE SUBMITTED:_____ FOR COUNCIL MEETING:_____ Council Agenda Item: __ SUMMARY: This item is fur the award of contract to Rebcon, in the amount of $222,740.50, for the Richard Byrd Drive
Pavement Reconstruction Project. FINANCIAL IMPACT: Budgeted Amount: $400,750 Cost: $222,740.50 Funding Source: Airport Operating Fund BACKGROUND: Washington-Staubach determined that
the pavement on Richard Byrd Drive was severely deteriorated and in need of immediate reconstruction. Currently, there are several large failures in the pavement that are being temporarily
covered by metal plates for access and safety. The firm ofHNTB Corporation prepared engineering plans and specifications for construction ofthese improvements. The project was programmed
by the Addison Airport and will be funded from the operating fund account. Attached is a bid tabulation for this project. The bid proposal for construction was structured to provide
an incentive/disincentive method ofbidding the improvements. Specifically, each bid submitted was required to consist oftwo parts whereby: a. The Contractor submits a standard bid (A),
which is the summation ofthe products ofthe estimated quantities shown in the proposal, multiplied by their bid unit prices. b. In addition, the Contractor submits a time bid (B), which
is the product of the number of calendar days required to construct the project, determined by the Contractor, and Daily Value established by the Town. The Daily Value was established
in the contract at $250.00. The number of calendar days is intended to include inclement weather, holidays, etc. The lowest bid (Total) for award ofthe contract was determined as the
lowest sum ofthe standard bid (A) plus time bid (B). The contract establishes the actual contract amount for payment to the successful contractor to be the value indicated in the standard
bid (A). Also included in the bidding process was a provision whereby the Contractor is awarded in incentive payment ifconstruction is completed prior to the number ofcalendar days he
submitted. The total amount ofthe incentive is the product ofthe Daily Value ($250) and number of days the Contractor completes the project prior to the established contract time. Accordingly,
the contract provides fur a disincentive amount to be established 
based on the product ofthe Daily Value ($250) and amount oftime that the Contractor exceeds the established contract time. The total incentive payment cannot exceed $5,000.00) However,
there is no limit to the amount of disincentive reduction from the Contractor's final payment that the Town will impose for going over the contract time limit. Twenty-one contractors
picked up the plans for the project, but only three attended the mandatory pre-bid meeting, and only two bids were received. The two bids were within 7% of each other. Rebcon submitted
the lowest Total bid (A + B), in the amount of $237,740.50 and 60 calendar days. The actual amount ofthe standard bid (A) recommended for award is $222,740.50. This amount is within
the engineering estimate of $473,890.00. The Engineer performed a necessary reference check on Rebcon, and received excellent recommendations for work performed on similar construction
improvements. RECOMMENDATION: Staff recommends that Council authorize the City Manager to enter into a a contract with Rebcon, for the Richard Byrd Drive Pavement Reconstruction Project,
in the amount of $222,740.00 
FINANCE !)EpARIMENTlPllRCHASING DIVIS{QN 􀁾􀀳􀁾􀁑􀀠Belt I ine Road (972) 450-7091 E-mail Dlsuh@ci 􀁡􀁤􀁤􀁾􀁓􀁑􀁮􀀠tx 115 Facsimile (972) 450-7096 P.O. Box 9010 Addison, Texas 75001 October
28, 2003 Rebcon, Inc. Robert C. Bibby 1868 W. Northwest Hwy Dallas, TX 75220 NOTICE OF AWARD: Richard Byrd Drive Pavement Reconstruction Dear Mr. Bibby: Receipt of this document authorizes
your company to provide all labor and materials as outlined in the specifications, and under the terms and conditions ofthe contract documents for Bid No: 03-32. Enclosed please fmd
four completed copies of the contract to be signed by an authorized officer or principal ofyour firm. Please send the signed contracts along with the necessary insurance certificates
and bonds as soon as possible, but no later than November 7, 2003. Once we receive these items these items a Notice to Proceed will be issued. Ifyou have any questions or ifI can be
of assistance to you, please contact me at 972-450-7091. 􀀧􀀱􀁾􀀠 MinokSuh Purchasing Coordinator Coordinator Enclosures Copy: SIeveChutchia!4 Luke Jalbert . 
SECTIONCA CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DALLAS TIns AGREEMENT is made and entered into this _28_ day of_October_, 􀀲􀀰􀀰􀀳􀁾􀀬􀀠by and between the Town of Addison, of the
County of Dallas and State of Texas, acting. through its Mayor or City Manager, thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and __Rebcon,
Inc. , of the City of __Dallas , County of __Dallas , State of _Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payment
and agreement hereinafter mentioned, to be made and performed by the OWNER, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete construction of certain improvements
as follows: Removal, Grading and Paving Richard Byrd Drive Pavement Replacement and all extra work in connection therewith, under the terms as stated in the General and Specific Provisions
of the AGREEMENT; and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto and in accordance with the Advertisement
for Bids. Instructions to Bidders, General Provisions. Special Provisions. Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications
and Addenda thereto, as prepared by the OWNER, each of which has been identified by the endorsement of the CONTRACTOR and the OWNER thereon, together with the CONTRACTOR's written Proposal
and the General Provisions, all of which are made a part hereof and collectively evidence and constitute the entire AGREEMENT. The CONTRACTOR hereby agrees to commence work within ten
(10) calendar days after the date of written notice shall have been given to him, and to complete all work within the number of days submitted in the proposal form after he. commences
work, ·subject to such extensions oftime as are provided by the General Provisions. The OWNER agrees to pay the CONTRACTOR $ 222,740.50 in current funds for the performance of the Contract
in accordance with the Proposal submitted thereof, subject to additions and deductions, as provided in the General Provisions, and to make payments ofaccount thereof as provided therein.
CA-I 
" ." IN WITNESS TIIEREOF, the parties ofthese presents have executed this AGREEMENT in the year and day first above written. TOWN OF ADDISON ATTEST: (OWNER) City Secretary Party of the
Second Part (CONTRACTOR) ATTEST: By:___________ The following to be executed if the CONTRACTOR is a corporation: I, , certify that I am the secretary ofthe corporation named as CONTRACTOR
herein; that who signed this Contract on behalf of the CONTRACTOR of said corporation; that said Richard Byrd Drive Pavement Replacement Contract was duly signed for and in behalf of
said corporation by authority of its governing body, and is within the scope of its corporate powers. Signed:____________ Corporate Seal CA-2 
59](1 If:PilmfJ 􀁐􀁴􀀻􀁲􀁫􀁗􀁴􀁾􀀡􀂷 I : I 􀁾 i i =JARCHITECTS ENGINEERS PL\NNERS ,t;ulu: 2M 75m3 (972) 661-5626 hlX f!J7.!j 6(,J-)6N October 13, 2003 Town of Addison 16801 Westgrove
Drive P.O. Box 9010 Addison, Texas 75001-9010 Attn: Mr. Jim Pierce, P.E. RICHARD BIRD APRON RECONSTRUCTION Dear Jim: We have reviewed the bids for the referenced project. Both of the
bidders attended the required pre-bid conference. The low bidder for the project is Rebcon, Incorporated. Attached are three copies of the bid tab. We have received positive references
for the Contractor and based on each of these being positive, we recommend the Town award the contract to Rebcon, Incorporated. As a reminder, Item 20 of the Special Provisions in the
specifications requires a preconstruction conference to be held. Prior to the meeting the contractor has to deliver a schedule to you that we can discuss at the meeting. Let us know
when you schedule this meeting and we will be glad to attend. Thank you for letting us work on this project with you and your staff. Very truly yours, HNTB CORPORATION Je D. Holder,
Jr., P.E. Director of Capital Projects IDHlnnh Ibc lINTB Cffmputlil!s UFflCES..H.£X\i\fIlC\, \I 􀀮􀁜􀀬􀁜􀀢􀀮􀁜􀁉􀀧􀁏􀁉􀁬􀁾􀀮􀀠 \If> ,\1TY\T'<, ".\, \!"\nv, TX. !tAT",;: Ron;L L\, llO:>!O;<O;.
'1\ 􀁕􀁕􀀮􀁬􀁬􀁌􀁴􀁾􀁔􀀬􀀭􀀺􀀺􀁜􀁟􀀻􀂣􀀻􀀠CE.\!tlESTOK »,'\'; C;,!C\GO IL· CLnTI.\;:p OK. COlt .\!ill 􀁾􀀠 011 lULU>', :", .'L"nl( CO,Il!:TRnn.l>Il. 􀁮􀀮􀁋􀁉􀁜􀀮􀁾􀀮􀀠\\\' b\lIiI'IHIl.
"J. IT \\-URTH DC IHfl11 OR!), cr. HOI ;'TO'.:. rx l:-:;)lA:».IJ'OUS. ,:-', m\'L\I ...... , K.\:\,.\S dTl. 􀁾􀁉􀁏􀀮􀀠 􀀢􀁜􀀺􀁏􀁾􀀬􀀧􀁅􀁉􀀡􀀠 !-.:. L\;,">:-';H, \1:, 1.1), ,\;'(,1-:1-:>,
('>,. UWI;WILlL, 1{'. MAHt'>0\. \\1, \/i.\YL I-I., \HI.\\AI'KH. \\1, \l1,\""L\I'OU,, W';' :-';""Il\'11l1: 1:-':, :,\1'1. YDIl:"', \.Y, lHM.\:'\Il, < \, 'lit! \,\no, n, D\'FliL-WP "I::r;,
􀁾􀁾􀀺􀀠1'1\'\lOI,1l 􀁜􀀱􀀺􀀧􀀺􀀭􀁬􀀧􀁜􀁾􀀮􀀬􀀠I'A. l'OllT1,-\\.1), \it, l'OltfL,,'\1) Oil, It,HE!(,lI,:>C. ST. l,OlS>, ),10, 5,\lT 1.\"1' CITI', HT, 1\-'; >,\.TO-':IO, TX 􀁾􀁜􀀧􀁜􀀠'1r1l\:-\lurxU,
(;'\, 􀁾􀁜􀀧􀁜􀀠111,\'\U'\..() C\ ',\,\ 􀁉􀁏􀁾􀁛􀀠CA 􀁾􀁦􀀭􀁜􀁔􀀡􀁌􀁌􀀠\\',\, 􀁾􀀠􀁜􀁾􀁉􀁬􀀧􀀭􀀻􀀬􀀠n, ,"1"110, fiR. w",w,<,,To\., hi 39131 
, . DATE SUBMmED:_____ FOR COUNCIL MEETlNG:_____ Council Agenda Item:___ SUMMARY: This item is forthe award ofcontractto Rebcon, in the amount 0[$222,740.50, for the Richard Byrd Drive
Pavement Reconstruction Project. FINANCIAL IMPACT: Budgeted Amount: $413,000 Cost: $222,740.50 Funding Source: Airport Operating Fund BACKGROUND: The Public Works Department determined
that the street pavement on Richard Byrd Drive was severely deteriorated and in need ofimmediate reconstruction. Currently, there are several large fuilures in the pavement that are
being temporarily covered by metal plates for vehicle and pedestrian access and safety. The firm ofHNTB Corporation prepared engineering plans and specifications fur construction ofthese
improvements. The project was programmed by the Addison Airport and funded from the current operating fund account. Attached is a bid tabulation for this project. The bid proposal for
construction was structured to provide an incentive/disincentive method of bidding the improvements. Specifically, each bid submitted was required to consist oftwo parts whereby: a.
The Contractor submits a standard bid (A), which is the summation ofthe products of the estimated quantities shown in the proposal, multiplied by their bid unit prices. b. In addition,
the Contractor submits a time bid (B), which is the product of the number of calendar days required to construct the project, determined by the Contractor, and Daily Value established
by the Town. The Daily Value was established in the contract at $250.00. The number of calendar days is intended to include inclement weather, holidays, etc. The lowest bid (Total) for
award ofthe contract was determined as the lowest sum of the standard bid (A) plus time bid (B). The contract establishes the actual contract amount for payment to the successful contractor
to be the value indicated in the standard bid (A). Also included in the bidding process was a provision whereby the Contractor is awarded in incentive payment if construction is completed
prior to to the number of calendar days he submitted. The total amount of the incentive is the product ofthe Daily Value ($250) and number ofdays the Contractor completes the project
prior to the established contract 
l c timec Accordingly, the contract provides for a disincentive amount to be established based on the product of the Daily Value ($250) and amount oftime that the Contractor exceeds
the established contract time. The total incentive payment cannot exceed $5,000.00) However, there is no limit to the amount of disincentive reduction from the Contractor's final payment
that the Town will impose for going over the contract time limit. Twenty-one contractors picked up the plans for the project, but only three attended the mandatory pre-bid meeting, and
only two bids were received. The two bids were within 7"/0 of each other. Rebcon submitted the lowest Total bid (A + B), in the amount of $237,740.50 and 60 calendar days. The actual
amount ofthe standard bid (A) recommended for award is $222,740.50. This amount is within the engineering estimate of$473,890.00. The Engineer performed a necessary rererence check on
Rebcon, and received excellent recommendations for work performed on similar construction improvements. RECOMMENDATION: Staff recommends that Council authorize the City Manager to enter
into a contract with Rebcon., for the Richard Byrd Drive Pavement Reconstruction Project, in the amount of $222,740.00 
BID SCtlEOUUi I RICHARD IMID DRIVE PAVEMENT REPLACEMENT ENGINr;eRS ESTIMATE InletPrnloetlon TOTAL AMOUNT BID I10R MATERlALS AND SERVICES, SCHEDULE I, ITEMS 101 TIIROUGH 112, INCLUSIVE
$ $ 473,890.00 $ 222,740.50 $ 238,014.50 BID SCHEDULE SUMMARY RICHARD BYRD DRIVE PAVEMENT REPLACEMENT ENGINIlIlRS ESTlMATll BID 1 Bid 2 Bid Sdredule & Description Total Amount Materials
& Services R.boon JlmBowrnan L Pavement Replacement $4'/3,890.00 $ 222,740.50 $ 238,014.50 TOTAL BID FOR SCIIEIlULE 1 = TOTAL OF STANDARD BID (A): S $473,890.00 I$ 222,740.50 I I$ 238,014.50
TOTAL OF TIME BID: o (Calondar Ila)'ll) 60I [ 751 TOTAL OF CALENDAll DAYS s $lSO.OO (0): 􀀱􀁾􀀱􀀠 r nnmuui87501 BASIS FOR COMPARISON OF BIDS: (A) + 􀀨􀁏􀀩􀁾 TOTAL BID: $4'/3,890.00 I
:I 237:14C1.50 I I$ 256.784.50 I PF· 1 <17 
FINANCE DEPARTMENTIPURCHASING DIVISION 5350 Belt Line Road (972) 450-7091 􀁅􀁾􀁭􀁡􀁩􀁬􀀠􀁰􀁵􀁲􀁣􀁨􀁡􀁳􀁪􀁮􀁧􀁀􀁃􀁩􀀮􀁡􀁤􀁾􀁬􀀤􀁾􀀠 F""simile (972) 450·7096 P.O.Box9010 Addison, Texas
75001 November 11,2003 Rebcon, Inc. Robert C. Bibby 1868 W. NorthwestHwy Dallas, TX 75220 Re: NOTICE TO PROCEED-Richard Byrd Drive Pavement Reconstruction Dear Mr. Bibby: This document
shall serve as your Notice to Proceed for the above referenced Project, and is issued and effective November 12, 2003 to provide all labor and materials as outlined in the specifications,
and under the terms and conditions of the contract documents. Enclosed is your copy ofthe signed contract. The proposed improvements and work shall be completed within (60) sixty calendar
days, with the original contract price of $222,740.50. Please include Bid No. and Name: 03-32 Richard Byrd Dr Pavement Reconstruction, on all monthly invoices or other correspondence
to the Town of Addison. Should you have any questions, please contact my office at 972-450-7091. Sincerely, MinokSuh Purchasing Coordinator Enclosure Cc: Steve Chutchian Luke Jalbert

Sign in Sheet Richard Byrd Drive Pre Construction Meeting 10-Nov-03 17 18 30 
REBCON,'NC. Richard Byrd Drive Pavement Replacement Addillon Airport REBCON PERSONNEL Superintendent Luis Almendarez Mobile 972)965-9266 ! Home 214)350-4080 Safety Officer Dan Brodaski
Mobile (972)978-3750 Administrator Robert Bibby Office (972)444-8230 SUBCONTRACTOR IStriping IMe1rop1ex Pavement Markings I (972)263-7798 ! SUPPLIERS Cement Treated Base Texas Industries
(972)409-3240 Type D Asphalt APAC-Texas (972)248-2492 Hydrated Lime . Texas Stabilization (817)430-6369 1868 W. NORTHWEST HWY. DALLAS. TEXAS 75220 972/444-8230