SC.9 CONFLICTS BETWEEN SPECIFICATIONS AND PROPOSAL:

In the event of conflicts between methods of measurement and payments for the various items of work between the Proposal and the Specifications, the Specifications shall prevail.

SC.10 DISPOSAL OF SURPLUS MATERIALS:

Surplus material not required for other parts of the work and not otherwise specifically covered by the drawings or specifications shall become the property of the Contractor for disposal by him unless otherwise directed by the Owner. The cost of disposal of surplus material is not a pay item. It shall be subsidiary to all other bid items.

SC.11 CLEAN-UP:

During Construction - The Contractor shall, at all times, keep the site free from accumulation of waste material, debris, or rubbish caused by his employees or work and shall remove same from any portion of the job site, when it becomes objectionable or interferes with the progress of the project in the opinion of the Engineer and/or Owner.

Final - Upon completion of the work, the Contractor shall remove from the site, all plant, materials, tools, and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer and/or Owner. The Contractor shall thoroughly clean all equipment and material installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition.

SC.12 WORK IN EASEMENTS AND RIGHT OF WAY:

The Owner will provide all rights-of-way or easements required for this project without cost to the Contractor. It shall be the responsibility of the Contractor, prior to the initiation of construction in easements on private property, to inform the property owner of his intent to begin construction. It shall be the Contractor's responsibility to confine all his operations within the easements and right-of-ways as shown on the plans.

The Contractor shall replace, repair and restore any improvements on or along the right- of-way or easements which may have been removed or damaged in or due to his operations. This will include ruts or other damage to grassed areas in the right-of-

way. All rights-of-way shall be restored and graded so that a residential riding mower can easily operate over the ground.

All private property along and adjacent to the Contractor's field of operation and especially, but not limited to lawns, yards, shrubs, lawn sprinkler systems, and trees, shall be adequately protected and when damaged or removed shall be repaired, replaced, renewed or otherwise put in a condition equal to or better than existed before the Contractor caused such damage or removal.

Special Conditions S 6

The working conditions of the Contractor shall at all times be conducted so as to create a minimum of inconvenience to the Owner and the public. Stringing of pipe, stockpiling of materials, etc., will be allowed only where no inconvenience is caused and only in amounts that can be readily used by the Contractor.

SC.13 PRE-CONSTRUCTION MEETING:

A pre-construction meeting will be conducted at the offices of the Town of Bartonville prior to the Contractor beginning work. The Contractor shall provide a work schedule at least 24-hours prior to the pre-construction meeting, showing the anticipated starting date and approximate duration of each individual street or street segment.

SC.14 CONSTRUCTION WATER:

The Contractor shall provide all water necessary for construction.

SC.15 HOLD HARMLESS AGREEMENT:

Prior to any commencing work on or storing materials on private property, the Contractor shall arrange for permission to do the work or storage from each property owner. The Contractor shall be responsible for obtaining a "Hold Harmless Agreement" for the Owner with each property owner. This should be in writing and one copy given to the Owner for their files.

SC.16 EXISTING FENCES:

The Contractor will be responsible, at his sole expense, for replacement or repair of existing fences affected by construction. The contractor shall not remove portions of existing fences that are not in direct conflict with construction areas.

SC.17 PROTECTION OF TREES, PLANTS, AND SOIL:

All property along and adjacent to the Contractor's operation including lawns, yards, walks, planters, pavement, mailboxes, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work.

Except for those trees specifically indicated for removal, any trees or other landscape features scarred or damaged by the Contractor's operations shall be restored or replaced at the Contractor's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner. Pruned limbs of 1" (one inch) diameter or larger, shall be thoroughly treated as soon as possible with a tree wound dressing.

The Contractor shall take all precautions required to prevent soil erosion during construction. If excessive erosion occurs, the Contractor shall take immediate measures to prevent further erosion and restore the disturbed surface with topsoil at completion of the work.

Special Conditions S 7

SC.18 CONSTRUCTION SCHEDULE:

The Contractor shall submit to the Owner a construction schedule based on the portions of the project awarded in accordance with the provisions of the General Conditions. The schedule shall be prepared in a manner to show the schedules for major features of the work as well as the schedule for the overall work, and shall be submitted no less than 24-hours prior to the Pre-Construction Meeting. Revised schedules shall be submitted when significant changes occur or when required by the Engineer. The Contractor shall give the Owner a minimum of one weeks notice before starting work.

The Contractor will be expected to proceed with work on multiple streets simultaneously. However, the Contractor will also be expected to work continuously to completion on any street once it is disturbed and work commences on that street. The Contractor shall determine the sequence of the varuious projects comprising the work under this contract.

SC.19 LIQUIDATED DAMAGES:

Paragraph 108.8 of the North Central Texas Council of Government (NCTCOG) Standard Specifications for Public Works Construction, 4th edition will govern with respect to contract time and liquidated damages.

SC.20 SUBSIDIARY WORK:

Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each item. Watering for dust control, surface restoration and cleanup and temporary relocation and replacement of mailboxes (except where noted otherwise) are general items of which fall in the category of subsidiary work.

SC.21 MISCELLANEOUS PLACEMENT:

Pay items designated for miscellaneous placement are estimated quantities and the locations for such work have not been definitively identified. Actual quantities may vary from the quantities shown in the proposal. Miscellaneous placement will be directed by the Engineer.

SC.22 INSURANCE REQUIREMENTS:

The Contractor will not be issued a Notice to Proceed to commence work on this contract until he has obtained all the insurance required by these Contract Documents as outlined in the General Conditions (NCTCOG Spec Item 1.26) and such insurance has been approved by the Owner or his representative.

Special Conditions S 8

Such insurance includes the following: Worker’s Compensation;

Commercial General Liability insurance;

Comprehensive automobile and truck liability insurance; and Owner’s protective liability insurance.

The Contractor shall procure and shall maintain during the life of this contract insurance coverage as specified, and in case of any work sublet, shall require the subcontractor in like manner to secure and maintain such insurance coverage.

The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall contain substantially the following statement: “The insurance covered by this certificate will not be canceled or materially altered except after thirty days written notice has been received by the Owner.” Each insurance policy shall name the Owner as an additional insured to all applicable coverage.

SC.23 PAY ITEM DESCRIPTIONS

Pay items shown in the Proposal but not listed below shall comply in all respects with the applicable NCTCOG Spec Item.

Pay Item 1 – Mobilization/Demobilization

This item includes mobilization costs such as site equipment and personnel mobilization, up front coordination and other activities to prepare for the start of work. This item also includes the demobilization for the project including general site final clean up, equipment and personal departure from the site, and other project closing activities. The Contractor shall provide sanitary facilities for his workmen in a suitable location as a part of this item. The total amount bid for Mobilization/Demobilization shall not exceed five percent (5%) of the total contract amount, exclusive of this pay item (adjusted contract amount).

Payment shall be at the contract lump sum price for Mobilization/Demobilization. Payment shall be as follows: Seventy-five percent (75%) of the amount bid for this item; less retainage, will be paid on the first pay estimate. The remainder of this item will be paid on the first invoice that includes asphalt paving. Demobilization will not be paid at the final time equipment and personnel are removed from the site and all required demobilization items are satisfactorily provided.

Pay Item No. 2, 3, 4, 5 – 4” Asphalt Spot Repairs

This item shall consist of removing and installing asphalt pavement in the locations identified in the work order.

This item shall consist of removing an isolated portion of pavement and repairing the base. The existing pavement shall be sawcut and removed. Base material shall be excavated to a minimum depth of 4” below the top of existing pavement, further if necessary to remove soft or wet soils. The bottom of the excavation will be smoothed

Special Conditions S 9

and compacted to provide a suitable base for placement of 4” of asphalt. Material removed during this process will be the contractor’s responsibility to remove from the site and will not be paid for separately. After the subgrade has been proofrolled, and a tack coat applied on all exposed asphalt surfaces, a minimum of 4” Type C asphalt shall be placed to match the surface of the adjacent pavement. The edges of the excavation will be coated thoroughly with an approved tack coat material to ensure the repair bonds with the adjacent asphalt.

Measurement and payment shall be per square yard of asphalt removed and installed complete in place and shall be full compensation for all labor equipment and other incidentals necessary to complete the work, including but not limited to all excavation, removal, saw cutting, compaction, asphalt, binder, and tack coat. All necessary traffic control and barricades shall be subsidiary to this item.

Pay Item No. 6, 20 – Flexbase for Base Repair

This item will be combined with spot repairs and will be used when weak or soft areas below the pavement are discovered during spot repairs. This item will include excavating as necessary (below the specified depth of repair) to a point where a solid foundation is found. Flexbase will be used to replace the removed material, to the bottom of the specified pavement depth. Type A, Grade 1 flexbase shall be furnished and placed in accordance with TxDOT Spec Item 247. Subgrade shall be smoothed and proofrolled prior to placing flexbase. The quantity shown is an allowance and will only be used as needed.

Measurement and payment will be at the unit price bid per ton of flexbase, based on delivery tickets, and will include all excavation beyond that specified for the spot repair, and for furnishing and placing the flexbase material, with proper moisture and compaction.

Pay Item 8 – Asphalt Level-Up Course

This item shall consist of an asphalt level-up course, ranging from a depth of 0” to 1”, of Type D asphalt. The pavement surface shall be cleaned and a tack coat applied (and allowed to “break”) prior to placing the level-up course. The intent of the level-up is to fill minor surface irregularities and provide a smoother base for an asphalt overlay. The quantity shown in the proposal is based on an average of ½” of asphalt over the entire surface. The level-up course will be applied with a paving machine.

Payment for this item shall be at the price bid per ton of asphalt placed, and shall include all materials, labor, and equipment necessary to complete the work.

Pay Item 9, 24, 25 – Asphalt Pavement

This item shall be in accordance with NCTCOG Spec Item 302 and as herein described. Asphalt shall be Type D, using a PG 64-22 binder. Asphalt pavement density shall be between 92% and 96% of the maximum theoretical density for the mixture. After completing subgrade preparation, apply an SS-1 or SS-1h prime coat at a rate of 0.25 gallons per square yard to the subgrade surface in accordance with NCTCOG Spec Item 302.7 to seal the surface. Prime coat will not be paid for separately, but will be considered subsidiary to the asphalt pavement. A tack coat of SS-1 emulsion shall be

Special Conditions S 10

applied at a rate of 0.04 to 0.06 gallons per square yard (undiluted) on asphalt surfaces prior to placement of subsequent lifts, except as noted below. Tack coat shall be subsidiary to the unit price bid for asphalt pavement. Deletion of prime and/or tack coat shall require the approval of the inspector. When placing asphalt adjacent to previously laid asphalt (one lane adjacent to another) tack coat shall be applied to the common edge to promote adherence at the longitudinal joint.

Payment for this item shall be the price bid per square yard of asphalt installed, and shall include all materials, labor, and equipment necessary to complete the work as shown in the plans and details.

Pay Item 10 – Thermoplastic Pavement Markings

This item shall consist of placing 4” wide yellow reflectorized thermoplastic pavement markings on West Jeter Road at the location shown on the plans. The markings shall be Type 1 marking materials in accordance with TxDOT Spec item 666 with a minimum thickness of 100 mils. Glass beads shall be applied as outlined in Spec Item 666.

Payment for this item shall be a plans quantity item as outlined in Spec Item 666 and shall include all labor, equipment, and materials necessary to complete the work.

Pay Item 11 - Slip Lining 36” CMP Culvert Pipe

This Item shall govern furnishing, installing, grouting and providing all labor, material and equipment necessary to rehabilitate existing culvert pipe by slip lining an existing culvert pipe with high density polyethylene (HDPE) pipe. The existing culverts are three – 36” CMP pipes and shall include all connections, joints and other appurtenances as required to complete the work. The slip lining process will require the contractor to completely grout the annular void between the host and insert pipe. The grouting process shall be considered subsidiary to this item. Some minor tree clearing may be necessary to facilitate the lining installation. No trees shall be removed without the permission of the Town, and it is the intent of this specification that such clearing and removal be as minimal as possible. Trees and brush to be removed shall be removed from the site. There will be no separate payment for tree or brush clearing and removal.

Materials

The culvert pipe lining shall conform to the following: Spirolite® Culvert Liner as provided by ISCO Industries or approved equal.

The HDPE pipes used for liners in the culverts shall have mechanical end connectors, male and female.

Pipe joints shall comply with ASTM D 3212 Standard Specification for Joint tightness.

Hydraulic flow characteristics for the liner pipe shall provide a Manning’s coefficient of not more than n = 0.01.

Contractor shall fill the annular void between the host pipes and the inserted liner with low density flowable fill or cellular grout. The cellular grout with a density between 60 and 80 lbs. per cubic foot shall be used.

Special Conditions S 11

The existing culvert pipe shall be cleaned by whatever means necessary to remove all obstructions which may be encountered that would prevent insertion of the pipe liner into the host pipe as approved by the engineer. This work will not be paid for directly but shall be considered subsidiary to this item.

Construction

Liner Pipe – Liner pipe shall be inserted and installed in accordance with manufactures recommendations. Slip-liner pipe grade shall be maintained parallel to grade of host pipe. The liner shall be installed as near as is practical to the existing flowline elevation of the culvert.

Grouting – Upon completion or partial completion of the slip lining process grouting will be required to be placed in the annular void between the insertion pipe and the host pipe. Cellular grout with a density between 60 and 80 lbs. per cubic foot may be used.

The contractor shall [provide a plan for keeping the HDPWE liner from floating during the grouting process.

The annular void shall be completely grout filled without deflecting the insertion pipe greater than 1.5 percent.

The contractor shall provide end seals at the open points of each run of pipe to be grouted.

Penetration of the host pipe shall be permitted for host pipe constructed with Corrugated Metal Pipe (CMP) to facilitate grouting of the annular void. Multiple fill pipes will be required.

The annular void shall be grouted solid by injecting grout from one end of the pipe run and allowing it to flow toward the other end. Venting of the annular void shall be performed to assure uniform filling of the void space during the grouting process.

An open ended, high point tap or equivalent vent must be provided and monitored at the bulkhead opposite to the point of grouting.

Pressure on the annular void shall not exceed 2 PSI to avoid damage to the liner pipe. Regardless of the pressure, the contractor shall be solely responsible for any damage or distortion to the insertion pipe due to the grouting process.

Upon acceptance of the installation work and testing, the contractor shall clean-up and restore the project area affected by operations as approved by the engineer.

Payment for this item shall be at the lump sum price bid for Slip Lining Culvert Pipe and shall include cleaning existing pipe; furnishing, hauling, installing liner pipe and placing