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Resolution - 2007-R0554 - Contract - LD Kemp Excavating Inc.- Caliche Canyon Cell VI Phase II - 12_06_2007 (3)
Resolution No. 2007—RO554 December 6, 2007 Item No. 5.16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and L.D. Kemp Excavating, Inc., of Fort Worth, Texas, for development of Caliche Canyon Cell VI Phase II per RFP #07-732-DD, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 6th day of December , 2007. DAVID A. MILLER, MAYOR ATTEST: P ta--4-4� Retiecca Garza, City Secretakyj DVED AS TO CNT: Loomis City Manager/Transportation & Public Works APPROVED AS ver, Attorney of DDres/KempExe-Cal icheCanyonCel lCon07Res November 26, 2007 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: RFP# 07-732-DD, Addendum # 1 ADDENDUM # I RFP # 07-732-DD Develop Caliche Canyon Cell VI Phase II November 6, 2007 November 15, 2007 @ 8:00 A.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the -= original requirements, not affected by this addendum, shall remain in effect. 1. In the SPECIFICATIONS: Section 01019 (CONTRACT CONSIDERATIONS); Part I - General; 1.3 Project Duration, Item B, CHANGE to read as follows: Substantial Completion - Work associated with the project shall be substantially complete within 120 days of Notice - to - Proceed for the liner system. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to ddoss<ulnylUbbock.us. THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Buyer if any language. reauirements. etc.. or anv combinations thereof. inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Buyer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP# 07-732-DDadI CITY OF LUBBOCK SPECIFICATIONS FOR DEVELOP CALICH#, CANYON CELL VI - PHASE II RFP #07-732-DD Contract #8137 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://-Dr.thereproductioncomany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK REQUEST FOR PROPOSALS FOR TITLE: DEVELOP CALICHE CANYON CELL VI - PHASE II ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 07-732-DD PROJECT NUMBER: 241-91015 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE City of Lubbock, TX Public Works Contracting Office Contractor Checklist for RFP # 07-732-DD Before submitting your proposal, please ensure you have completed and included the following: Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL form. Proposal Submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. Carefully read the BASIS OF PROPOSALS and SELECTION CRITERIA in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in your submittal. 2. Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety WILL result in automatic rejection of your proposal. 3. Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. DOCUMENTS REOUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING: I . Complete and submit the "Contractor's Statement of Qualifications". 2. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 3. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with the questionnaire. 4. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 5. Complete and submit the List of Sub -Contractors. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. (Type or Print Company Name) City of Lubbock Public Works Contracting Office In an effort to better serve our suppliers, the City of Lubbock Public Works Contracting Office is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2163. City of Lubbock RFP# 07-732-DD µ HOW DID YOURECEIVE NOTICE OF THIS REQUEST FOR PROPOSALS? Lubbock Avalanche Journal? Yes No The Daily Commercial Record? Yes No From Plan Room or other type of service? Yes No Did you access the City of Lubbock website to search for bids? Yes No Facsimile or email from RFP Depot.com? Yes No Did you download from your home computer? Yes No " Did you download from your company computer? Yes No Requested a copy from Lubbock Public Works Contracting Office? Yes No Are you a member of RFP Depot? Yes No Other: THANK YOU. (Type or Print Company Name) INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS LOCAL GOVERNMENT CODE § 271.116 4. PROPOSAL SUBMITTAL — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. PROPOSAL BOND WITH POWER OF ATTORNEY OR CERTIFIED/CASHIER'S CHECK 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when proposals are due) 5-1. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 5-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 5-3. SAFETY RECORD QUESTIONNAIRE 5-4. SUSPENSION AND DEBARMENT CERTIFICATION 5-5. LIST OF SUBCONTRACTORS & MANUFACTURERS 6. PAYMENT BOND 7. PERFORMANCE BOND S. CERTIFICATE OF INSURANCE 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. CURRENT WAGE DETERMINATIONS 12. SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP #07-732-DD Sealed proposals addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 8:00 A.M. on November 15, 2007, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "DEVELOP CALICHE CANYON CELL VI - PHASE II" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 8:00 A.M. on November 15, 2007, and the City of Lubbock City Council will consider the proposals on December 6, 2007, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre - proposal conference on November 1, 2007 at 1:00 P.M., in the Municipal Building. Committee Room 103, 1625-13th Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at ht :// r.there roductioncom an .com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, ROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made payable to The City of Lubbock, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner insaid wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK FWW MWO& z BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish DEVELOP CALICHE CANYON CELL VI - PHASE II per the attached specifications and contract documents. Sealed proposals will be received no later than 8:00 A.M. CST, November 15, 2007 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP#07-732-DD, DEVELOP CALICHE CANYON CELL VI - PHASE II "and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works _ Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- mandatory pre-Dronosal meetinE will be held at 1:00 P.M.. November 1. 2007 in the Municipal Building, Committee Room 103, 1625-13`h Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most -public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works i Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. a 2 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror = has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents 12 13 14 15 and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL , INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 or 806-767-2275 Email: ddossAmylubbock.us RFPDepot: http://www.RFPdepot.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID _ The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the 4 improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 20 21 22 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 6 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated -, by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting J from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. a 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the 27 28 schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. _ 5 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal _a price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past 9 history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service - required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. j (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as the Texas Legislature and further defined by Texas Local Government Code Section selection criteria used to evaluate each proposal will include the following: 32.1 40% Price. authorized by 271.116. The 32.2 30% Contractor qualifications. Complete and submit the "Contractor's Statement of Qualifications". City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 10% Safety Record Questionnaire. 32.4 20% Construction time. The estimated budget for the construction phase of this project is 494 982. Proposals shall be made using the enclosed Proposal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR 10 PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or wd all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind " 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 11 TEXAS LOCAL GOVERNMENT CODE & 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS No Text § 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL PROPOSAL SUBMITTAL UNIT PRICE PROPOSAL CONTRACT DATE: km/ PROJECT NUMBER: # RFP-07-732-DD - DEVELOP CALICHE CANYON CELL Proposal of L L eg-A4 ' OF VI - PHASE II (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Develop Calich6 Canyon Cell VI - Phase II having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to coverall expenses incurred in performing the % ork required under the contract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount I . 1 LS MOBILIZATION/DEMOBILIZATION - Mobilization/Demobilization including insurance, pqi5brmance bond, payment bond and move-in/move-out related costs. TOTAL ITEM #1: X_)I 40-w 1-"SA1 g 11 244& $ / 040 /LS IN90 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sha overn.) 50,000 CY EXCAVATION - Provide all labor, superintendence, equipment, supplies, etc. as necessary to construct the finished grades and prepare the surface to receive the lining system as shown on the plans per cubic yard. . 1 ) /? /i ., J, 17, � 11 _ — 1,11 TOTAL ITEM #2:la_-m1b 4,0LWIS 4100 /Ui/—'(t1 kaje YS $ /— /CY( / (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall a 3. 5,000 CY BERM CONSTRUCTION - Provide all labor, superintendence, equipment, supplies etc., as necessary to construct the berm and fill areas on slopes to finished grade as shown on the plans per cubic yard. 'll / � TOTAL ITEM #3:s� _ C�he9yL-,4--,r.�- A� � $ 1,�n /C (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sh govern.) I 10 —Bidder's Initials Item Estimated No. Quantity & Unit Description of Item Total Amount 4. 75,000 SF SUBGRADE PREPARATION (FLOOR) --Provide all labor, equipment, materials, supplies, etc. necessary to prepare the floor areas to receive the lining system including c ll excavation and all fills associated with re-establishins the grades on areas with existing erosion rills as shown on the plans at the unit price per square foot. TOTAL ITEM #4: �Z%>�1 (2,/NJ37 $ • /0 /SF( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy. the amount shown in words shal govern.) 5. 102,000 SF SUBGRADE PREPARATION (SLOPES) - Provide all labor, equipment, materials, supplies.etc. necessary to prepare the slope areas to receive the lining system and related appurtenances, including all excavation, and all fills associated with re-establishing the grades on areas with existing erosion rills as shown on the plans at the unit price per square foot.-aA e TOTAL ITEM #5: � t 7e- $ �//S2� ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6. 71,000 SF GEOMEMBRANE LINER (SMOOTH) - Provide and install a 60 mil thick high density polyethylene liner including all labor, equipment, materials. supplies, etc., for complete installation, including cost of anchor trench construction and compaction of backf ll in anchor tr rich after liner installation as shown on the plans at the unit price per square foot. TOTAL ITEM #6: $4M ISF e ,11baD (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall g ern.) 7. 98,000 SF GEOMEMBRANE LINER (TEXTURED) -Provide and install a 60 mil thick high density polyethylene liner including all labor, equipment, materials, supplies, etc., for complete installation including cost of anchor trench construction and compaction of backfill in anchor trench after liner installation as shown on the plans at the unit price per square foot. TOTAL ITEM 47: ��--i;W7 �� CIAA 5 $ /SF YO (Unit Price Amounts shalt be shown in both words and numerals. in case of discrepancy, the amount shown in words shall ern.) 8. 74,000 SF PROTECTIVE SOIL COVER (FLOOR) - Place all protective soil on top of the liner system and construct berm along the edge of liner from soil cover material that is availab' l on site, including all labor, material, equipment and superintendence as necessary to insta the soil and construct berm along the edge of liner as shown on the plans at the unit price per square foot. 1+ 1 � ,r/� i TOTAL ITEM #8: ttA� 4/ It� VC, at^'A $ ���� /SF /94 _ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in w rds s ovem.) Bidder's Initials 2 Item Estimated No. Quantity & Unit Description of Item Total Amount 9. 100,000 SF PROTECTIVE SOIL COVER (SLOPE) - Place all protective soil on top of the liner system from soil cover material that is available on site, including all labor, material equipment and superintendence as necessary to install the soil as shown on the plans at the unit price per square foot. f� TOTAL ITEM #9: l/ l" 1 1I '�' (?� $ ��/ (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sha ovemJ 10. 1 LS EROSION CONTROL - Provide all labor, material, equipment, and superintendence as necessary to implement the Storm Water Pollution Prevention Plan required under National Pollution Discharge Elimination System regulations described on the plans and quired by the specifications at the lump sum price. TOTAL ITEM # 10: /G4Jt;1 Z oA"A /LS( "o ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amelfit shown in words s govern.) TOTAL PROPOSAL, ITTEMS #J1- ,#1 MATERIALS: ./6 FiiG/iu LABOR: �-9�-w TOTAL ZS P(9ta✓ ITEMS # 1 - # 10: -,-.) lG[AW 1f04AlX-1ZV* 'Z- /6 D rs t— LA- nl $ 5 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words 1 D D10--l- Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the wner and to sub tantially complete he project within (/ 2. O ) # Days Completed by Contractor Written Days Completed by Contractor CONSECUTIVE CALENDAR DAYS thereaftef as stipulated in the ecifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the su)fi of $600.00 (SIX HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for corn r ion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. Bidder's Initials The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed this proposal is a Cashier's Check or Certified Check for 1VTn Dollars ($ ) or a Proposal Bond in the sum of E Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails " to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. � Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. r Pursuant to Texas Local Government Code 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) IN �! 1 e I 1 15 �: I I ml.! Offeror acknowledges receipt of the following addenda: Addenda No. Datpo V 0-7 Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Date: 1 1t(1 4 / 0 7 Signature Mike Brackney (Printed or Typed Name) L.D. KEMP EXCAVATING, INC. Company 5409 denton hwy Address FORT WORTH _TARRANT City. County TEXAS 76148 State Telephone: 817 Fax: 817 Zip Code 281-4470 281-1 332 FEDERAL TAX ID or SOCIAL SECURITY No. 75-26722-41 POST -CLOSING DOCUMENT REQUIREMENTS The below -listed documents must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when proposals are due. CONTRACTOR'S STATEMENT OF QUALIFICATIONS CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT SAFETY RECORD QUESTIONNAIRE SUSPENSION AND DEBARMENT CERTIFICATION LIST OF SUBCONTRACTORS & MANUFACTURES 1 No Text CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED 6. LIST 5 MAJOR PROJECTS WITHIN THE PAST THREE YEARS THAT ILLUSTRATE YOUR EXPERIENCE WITH PROJECTS SIMILAR TO THE CITY'S. PROJECT OWNER YEAR COST a. CSC Disposal & Landfill Republic 2006 6.6Mi b Abilene Landfill Abilene Environmental 2006 1,600. C. Lamesa Landfill City of Lamesa 2006 509,772.56 d Clint Landfill _ City of El Paso 2006 6,336, 722. e. Maloy Landfill' Republic 2006 865,000. 7. REFERENCES: (INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR WHICH YOU ARE COMPETING) a. b. C. Signature: NAME RELATIONSHIP PHONE NUMBER Lanny eaffpy Maloy Landfill Roy Knowles Abline Landfill Dennis Delesandri CSt Landfill Date: Printed Name: Mike Brackney Title • v I P r-- Firm Name: L.D. Kemp Excavating, Inc. ,Tel #: 817-281-4470 ",.`A 903-886-7832 325-668-8327 Address: 5409 Denton Hwy City: Fort Worth State: TX Zip. 76148 972-627-3413 2 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted within TWO BUSINESS DAYS after Proposals are due. I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Contractor (Signature) CONTRACTOR'S FIRM NAME: CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: AGENT / BROKER (SIGNATURE) Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( _ Date: Contractor (Print) (Print or Type) NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Office for the City of Lubbock at (806) 775-2168. PROPOSAL # 07-732-DD - DEVELOP CALICHE CANYON CELL VI - PHASE II 3 SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment. both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to oktain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received ' tions for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Bidder's Initials LJ 2 UESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO 1/ R_ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or 'nstitution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been co tcted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certifythat I have made no willful misrepresentations in this y p Questionnaire nor have I withheld information in m statements and answers to questions. I am aware that the information given by m in this questionnaire will be investigated, with my full permission, and that any misrepresentatio or omissi ma cause my bid to be rejected. Signature I V Title i i 3 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY FEDERAL TAX ID or SOCIAL SE URITN No. S— Signature of Company Official: Printed name of company official signing above: l^ Date Signed: a n W LIST OF SUBCONTRACTORS & MANUFACTUERS 1. 2. 3. 4. 5. 6. 7. RFP- 7-732-DD Company Name and City MANUFACTURER & INSTALLER The following must be completed and will be a condition of this Bid: Minority Owned Yes No 0 r ❑ 0 0 ❑ 0 ❑ J 1. Geomembrane Liner: Manufacturer:' Installer: / akAr 2. Geosynthetic Clay Liner: Manufacturer: Installer: 3. Geotextiles and Geocomposites: Manufacturer: Installer: 4 Leachate Collection Piping: Manufacturer: to # Installer: Date: Auttionzea signature PAYMENT BOND >_J First National Insurance Company of America STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (Contracts More Than $25,000) KNOW ALL MEN BY THESE PRESENTS: Bond No. 6536150 That, LD Kemp Excavating, Inc. 5409 Denton Hwy, Fort Worth, Texas 76148 (hereinafter called the Principal), as Principal, and First National Insurance Company of America, a corporation organized and existing under the laws of the Washington , with its principal office in the City of Seattle hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock P.O. Box 2000, Lubbock, TX 79401 (hereinafter called the Obligee) in the amount of Three Hundred Eighty Nine Thousand Seven Hundred Eighty and 00/100th Dollars ( $ $389,780.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of December , 2007 , for Proposal #07-731-DD-Develop Caliche Canyon Cell VI- Phase II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this inst ment this 12th day of December , 2007 PRINCIPAL WITNESS: ), (IF INDIVIDUAL OR FIRM) ATTEST: (IF CORPORATION) BY: / " ' — v" (SEAL) BY: (SEAL) First National Insurance Companv ofAmenca SURETY (SEAL) By: John . Sc uler, Attorney -In -Fact The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates J.E. Murfee & Son an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. First National Insurance Company of America Surety tTi > Jo n W. Schuler, Attorney -in -Fact Approved as to Form City of Lubbock r Ot5r sy: Atto * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation, If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 PERFORMANCE BOND 1 First National Insurance Company of America L..' STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (Contracts More Than $100,000) (PUBLIC WORKS) r KNOW ALL MEN BY THESE PRESENTS: Bond NO.6536150 That, LD Kemp Excavating, Inc. 5409 Denton Hwy, Fort Worth, Texas 76148 (hereinafter called the Principal), as principal, and First National Insurance Company of America , a corporation organized and existing under the laws of the Washington , with its principal office in the City of Seattle (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock P.O. Box 2000, Lubbock, TX 79401 (hereinafter called the Obligee) in the amount of Three Hundred Eighty Nine Thousand Seven Hundred Eighty and 00/100th Dollars ($ $389,780.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of December 1 2007 for Proposal #07-731-DD-Develop Caliche Canyon Cell VI- Phase II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of December , 2007 ` WITNESS: BY: /V\.+/�1.� (SEAL) (IF INDIVIDUAL OR FIRM) %,� ATTEST: LIY } _,, BY: (SEAL) �r (IF CORPORATION) First National Insdranc&Cbmpany of America SURETY BY: C - (SEAL) John I. Schuler, ATTORNEY -IN -FACT The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates J.E. Murfee & Son an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. First National Insurance Company of America Surety (T i e) IJ n W. Schuler, Attorney -in -Fact Approved as to Form M '11■ * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. I I gSafeca KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No. 10595 Bond Number: 6536150 First Nabonal Insurance Company of America Safeco Plaza Seattle, WA 98165 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint w........ ,"N"""ur"►.ra"ar.."r"..."LANNY LAND; JOHN W. SCHULER; Austin, Texas""""""""""".. r.."".".............w.. its true and lawful atomey(s)in-fad, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as it such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 5th day of March 2007 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as allomeys•in-fact"under other appropriate fitles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing such appointmerithe signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity, of any such Instrument or undertaking' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company selling out, (1) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power-of-atfomey appointment, executed pursuant thereto, and (bi) Certifying that said power-of-altomey appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' 1. Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S, *049/DF 4/05 this 12th day of December 2007 STEPHANIE DALEY-WATSON, SECRETARY SafeeoO and the Sataco toga are rag Wered trademarks of Safeco Corporation, WEB PDF State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376-6535 Fax: (425) 376-6533 www.SAFECO.com C CERTIFICATE OF INSURANCE INSURED �'�'�''� :;::::i:::::::: �::';;F:j:::i:.+:::i::i<.::::i::::.:::i::.�:i:{:::iii::i::.:i:::::: �::::i::i::::::::::i::i:.:.......:::....r:::...:......;'.•..•..::::i::::i::::::i::::i::::::i::::::i::::::i:::v::'r:::•:+}::::::i:i::.:::::::::. _ n..................... ..................... �rrF. rr, ,,�`���,*E y� ::•:.�::: DATE (MM/DD/YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION (817 - 4 2 8 - 2 2 9 5) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ( FAX 4 2 8 - 5 8 3 4) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L.D.KEMP EXCAVATING,INC. 5409 DENTON HIGHWAY FORT WORTH, TX 76148 COMPANY A EVEREST INDEMNITY INSURACE COMPANY COMPANY BTEXAS MUTUAL INSURANCE COMPANY COMPANY C PRAETORIAN SPECIALTY INSURACE CO. COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE I DATE (MM/DD//YY) I POLICY DA E (MM/DD/YY)" I LIMITS A ' GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE FTI OCCUR OWNERS & CONTRACTOR'S PROT COMPLETED O P' S 4 0 0 0 0 0 4 2 8 0— 0 71 0 8/ 1 1/ 0 7 0 8/ 11 / 0 8 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) $ 100,000 X CONTRACTUAL MED EXP (Any one person) $ 5000 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PSITX0002155 07/22/07 07/22/08 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE 1 $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM / / / / EACH OCCURRENCE $ AGGREGATE $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL TSF-20070405 04/05/07 04/05/08 X WC - OTH TORY OMITS R EL EACH ACCIDENT $ 1 000 00 EL DISEASE - POLICY LIMIT $ 1 0 0 O 000 EL DISEASE - EA EMPLOYEE $ 1 0 0 O 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE:RFP #07-732—DD CONTRACT#8137—DEVELOP CALICHE CANYON CELL VI —PHASE 2 **WAIVER OF SUBROGATION APPLIES WHEN REQUIRED BY CONTRACT**CITY OF -/ LUBBOCK IS NAMED AS PRIMARY ADDITIONAL INSURED.*SEE ATTACHED ENDORSEMENT* CITY OF LUBBOCK C/O PUBLIC WORKS CONTRACTING OFFICE 1625 13TH STREET STE 204 LUBBOCK, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL IQ_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPOlk THE ACOMPANO. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES COMMERCIAL GENERAL LIABILITY ECG 24 512 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY PROVISION - YOUR OPERATIONS FOR NAMED PERSON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If insurance similar to this insurance is held by a person or organization named below, this insurance is primary to that other insurance for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not apply if you did not receive a specific written request from the person or organization named below: a. That this insurance be primary insurance; or b. If that request was not received by you prior to the date that your operations for that person or organization commenced. SCHEDULE Name of Person or Organization: City of Lubbock, its officers, agents and employees c/o City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 Lubbock, TX. 79401 ECG 24 512 05 00 Copyright, Everest Reinsurance Company 2000 PAGE 1 OF 1 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1997 �.. _. �. i - - _.,,,� ��,...�sn' a�..,w��,....��w m,,..�.m.�� ..,,.,...,._...� �.,...,...� "+ . INSURED DATE (MM/DD/YY) (817 - 4 2 8 - 2 2 9 5) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ( FAX 4 2 8 - 5 8 3 4) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE L.D.KEMP EXCAVATING,INC. 5409 DENTON HIGHWAY FORT WORTH, TX 76148 COMPANY A EVEREST IND COMPANY B TEXAS MUTUA COMPANY C PRAETORIAN COMPANY D IN SPECIALTY E COMPANY CO. _ . _........................................................................... _........................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................ ;E+CVTA .....:.:..:..:..........:.........................:;;;:;.... ;...::::::::::::.:::::::::::::..i.............:.::_ . . :,.::.::,::.......::::::.>:.>:,.:. . 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS _ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, } EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --� CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR I DATE (MM/DD/YY) I DATE (MM/DD/YY) A( A _ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE IF —XI OCCUR OWNER'S & CONTRACTOR'S PROT COMPLETED OP' S 4 0 0 0 0 0 4 2 8 0— 0 71 0 8/ 1 1/ 0 7 0 8/ 1 1/ 0 8 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one tire) $ 100,00 X CONTRACTUAL MED EXP (Any one person) $ 5000 C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PSITX0002155 07/22/07 07/22/08 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE 1 $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM / / / / EACH OCCURRENCE $ AGGREGATE $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ �{ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL TSF-20070405 04/05/07 04/05/08 X C STATU- OTH TORY I MITS ER .. < . EL EACH ACCIDENT $ 1 000 00 EL DISEASE- POLICY LIMIT $ 1 0 0 O 000 EL DISEASE - EA EMPLOYEE ,$ 1 0 0 O 0001 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - RE:RFP #07-732-DD CONTRACT#8137-DEVELOP CALICHE CANYON CELL VI -PHASE 2 **WAIVER OF SUBROGATION APPLIES WHEN REQUIRED BY CONTRACT**CITY OF LUBBOCK IS NAMED AS PRIMARY ADDITIONAL INSURED.*SEE ATTACHED ENDORSEMENT* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF LUBBOCK C/O PUBLIC I_Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WORKS CONTRACTING OFFICE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1625 13 TH STREET STE 204 OF ANY KIN E $UltNY, ITS AGENTS OR REPRESENTATIVES. LUBBOCK, TX 79401 AUTHORIZED REP T A No Text COMMERCIAL GENERAL LIABILITY --; ECG 24 512 05 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY PROVISION - YOUR OPERATIONS FOR NAMED PERSON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If insurance similar to this insurance is held by a person or organization named below, this insurance is primary to that other insurance for liability arising out of your ongoing operations performed for that person or organization under a written contract. However, this does not apply if you did not receive a specific written request from the person or organization named below: a. That this insurance be primary insurance; or b. If that request was not received by you prior to the date that your operations for that person or organization commenced. SCHEDULE Name of Person or Organization: City of Lubbock, its officers, agents and employees c/o City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 Lubbock, TX. 79401 ECG 24 512 05 00 Copyright, Everest Reinsurance Company 2000 PAGE 1 OF 1 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1997 � �{�� qA �, �` � ., i.- qg L COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and " b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that -- person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERYAGAINSTOTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Lubbock, its officers, agents and employees c/o City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 Lubbock, TX. 79401 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY • AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 No Text From: sae An910, CISR At: utM insurance FaXIL7: 113-67Zl-'LUo:i I o: MIKe tsnsoDe --a 1 J LMM: 1 V 13ALUu / i T :45 AM rage: z oT is ACORD. CERTIFICATE OF LIABILITY INSURANCE ( DATE M13 W) T$OPPIID 2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GEM Insurance Agencies, L.P. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 27469 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77227-7469 Phone:713-622-2330 Fax:713-622-2053 INSURERS AFFORDING COVERAGE NAIL4 INSURED Texas Environmental Plastics Ltd.;TEP Management, LLC;2500 INSURER American Intl Specialty 26883 Farrell Rd Management LLC;2500 INSURERS: Commerce 6 Industry F rrell Rd Development Ltd c o Steve Danton INSURERC: rizo 's FMd Inauen" Co. 2 00 Farrell Road INSURER D: Houston TX 77073 INSURER E: COVERAGES -...1 THE POLICIES OF INSUR A14CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEIJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE (NTNDD/YY) DATE (MM/DD/YY) LOM GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 00 0 A X LIABILITY X COMMERCIAL GENERAL LIABa PROP2445899 06/01/07 06/Ol/08 pMISES(EeG'E-TURE'RTE RE occlxence) $ 200 ,000 CLAIMS MADE "OCCUR NED EXP (Any one person) $ 5 , 000 PERSONAL BADV INJURY $ 1, 000 , 000 X Pollution Liab GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2 , 0 00 , 0 0 0 X POLICY JEC LOC B AUTOMOBILE X LIABILITY ANY AUTO 9343659 06/01/07 06/02/08 COMBINED SINGLE LIMIT (Eeeocldert) $ 1 , 000 , 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILYIN,URY (Perecctl(rt) $ X X HIREDAUTOS NON•OWNEDAUTOS PROPERTY DAMAGE (Per socident) $ GARAGE LIAB0.ITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: ASS $ ANY AUTO $ EXCESSIUMBRELL.A LIABILITY EACH OCCURRENCE $ 8 , 000 , 00 0 A X OCCUR I—]OLfUMsMADE PROU2445908 06/01/07 06/02/08 AGGREGATE $8,000,000 $ DEDUCTIBLE $ X RETENTION $ 10 , 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECLIrIVE OFFICER&EMIBER EXCLUDED? _ TORYUMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE $ If yes descnlle radar SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER C Installation Fltr XZI97802643 06/01/07 06/02/08 Limit (1) $200,000 C Leased/Rented MZI97802643 06/01/07 1 06/01/08 1 Limit(max $200,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: RFP #07-732-DD Contract #8237 - Develop Caliche Canyon Cell VI -Phase 2 City of Lubbock, its officers, agents and employees is named as primary additional insured on the general liability policy per form 90667 with a waiver of subrogation on the general liability per form 77793 and auto per form 62897 if required by written contract executed prior to a loss L.CIC I IrmmI C nvLUCR b�— I NI. CITLU01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Lubbock NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL c/o City of Lubbock Public IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND, UPON THE INSURER, ITS AGENTS OR Works Contracting Office 1625 13th Street, Ste 204 REPRESENTATIVES. Lubbock TX 79401 �D ` ACORD 25 (2DOVO) 0 ACORD CORPORATION 1988 No Text From: Sue Angio, CISR At: GEM Insuranoe FaxIQ 713-622-2053 To: Mike Briscoe Orate: 12113=07 11:45 AM Page: 3 of 8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative of producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 4CORD 25 (2001l06) rrom: Que irngio, a.ic)rc m; ucM insurance raxiu. i i ro[[- vas 1 o: MIKe unscoe Date: 1 Zf13207 11:45 AM Page: 8 of 8 ENDORSEMENT NO. 1 This endorsement, effective 12:01 AM, June 1, 2007 Forms a part of Policy No: PROP 2445899 Issued to: TEXAS ENVIRONMENTAL PLASTICS INC. By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED] PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND r. PROFESSIONAL LIABILITY POLICY In consideration of an additional premium of $INCLUDED it is hereby agreed that the following is included as an _ Additional Insured as respects Coverage A and B but only as respects liability arising out of your work for the Additional ;. Insured by or for you. Additional Insured: w ALL ENTITIES WHERE REQUIRED BY WRITTEN CONTRACT 'This does not apply to bodily Injury or prop" damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by, the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. AUTH D REPRESENTATIVE or countersignature (in states where applicable) 90667 (04106) CI2791 PAGE 1 OF 1 From: Sue Angio, CISR At: GEM Insuranoe FaxID: 713-622-2053 To: Mike Briscoe Date: 12/13/2007 11:45 AM Page: 7 of 8 C. We have issued this Policy in reliance upon your representations. S. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought 9. Subrogation If there is a payment made by the Company under this Policy, the Company shall be subrogated to all the insured's rights of recovery against any person or organization. The insured shall cooperate with the Company and do whatever is necessary to secure these rights. The insured shall do nothing after a claim or occurrence to waive or prejudice such rights. Any recovery as a result of subrogation proceedings arising out of payment under this Policy (net of expenses incurred in making such recovery) shall accrue first to you to the extent of any payment in excess of the firnit of coverage of the Policy, then pro-rata to you and us in proportion to the amount each actually paid as a result of judgment, settlement or defense of a claim. We agree to waive this right of subrogation against your client to the extent that the you had, prior to a claim or occurrence, a written agreement to waive such rights. 10. Service of Suit It is agreed that in the event of our fal ure to pay any amount claimed to be due hereunder, we, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. ft is further agreed that service of process in such suit may be made upon General Counsel, Legal Department, American International Specialty Lines Insurance Company, 70 Pine Street, New York, NY 10270, or his or her representative, and that in any suit instituted against us upon this contract, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, we herebydesignate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on your behalf or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the above named I General Counsel as the person to whom the said officer is authorized to mail such process or a true copy st thereof. 11, When We Do Not Renew w_} If we decide not to renew this Policy, we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -EXTENDED REPORTING PERIOD - COVERAGE D 1. You may purchase an optional sixty (60) month Extended Reporting Period as described in paragraph 3 below, only if: 77M (08104) Copyright, Arrorkmn Intmadoral Gmtm, Inc. 2001 C12446 Includes oopyrightd material of Wawarx* Services Offices, Inc. with its permission. Copyright Insrxa m Services bfk% Inc. 1997. Page 22 Lv.J I . .." I =. IL/IJ/LVVr 1I.-OP^M r490: / OTC C. We have issued this Policy in reliance upon your representations. & Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought a Subrogation If there is a payment made by the Company under this Policy, the Company shag be subrogatod to all the insured's rights of recovery against any person or organization. The insured shag cooperate with the Company and do whatever is necessary to secure these rights. The insured shall do nothing after a claim or occurrence to waive or prejudice such rights. Any recovery as a result of subrogation proceedings arising out of payment under this Policy (net of expenses incurred in making such recovery) shag accrue first to you to the extent of any payment in excess of the limit of coverage of the Policy. then pro -rats to you and us in proportion to the amount each actually paid as a result of judgment, settlement or defense of a claim. We agree to waive this right of subrogation against your client to the extent that the you had, prior to a claim or occurrence, a written agreement to waive such rights. 10. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, we, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any r court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon General Counsel, Legal Department, American International Specialty Lines Insurance Company, 70 Pine Street, New York, NY 10270, or his or her representative, and that in any suit instituted against us upon this contract, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, we herebydesignate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney --, upon whore may be served any lawful process in any action, suit or procceedng instituted by or on your behalf or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the above named General Counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. 11. When We Do Not Renew If we decide not to renew this Policy, we will mail or deliver to the fast Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -EXTENDED REPORTING PERIOD - COVERAGE D 1. You may purchase an optional sixty (60) month Extended Reporting Period as described in paragraph 3 below, only if: 77793 (08/04) Copyright, Anwrkm Interrradonat Oroupr Inm 2001 CI2446 Irckides copyrighted materiel of Ntsura" Servioes Offices, Inc. with is permisaon. Copyright Inarxarwe services Office, Inc. 1997. Page 22 No Text CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 _ LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. r\ TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE MIT DATE DATE GENERAL LIABILITY 1=i Commercial General Liability General Aggrega $ Claims Made Products -Comp/ G Occurrence rsonal & Adv. j ❑ Owner's & Contractors Protective h Occurrenc ❑ it Da e ( Fire) $ e Exp one erson) $ AUTOMOTIVE LIABILITY Any Auto jc."Mbined Single it $ Ej All Owned Autos ily Injury r Person $ Scheduled Autos Bodily Inju Per Acci nt) $ Hired Autos Property amage $ ul Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ El BUILDER'S RISK 100% of the Total Contract Price $ Pi INSTALLATIONFLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation on all policies in favor of the City of Lubbock. 1 CONTRACTOR CHECKLIST A 7NTR.ACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entit%- prior to beginning work on the project; -= (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) 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 the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year - I thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of Jcoverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSj&.TION COVERAGE FOR EACH SUBCONTRACTOR. CONTRACT CONTRACT # 8137 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 6`h day of December, 2007 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and L.D. KEMP EXCAVATING INC. of the City of FORT WORTH , County of TARRANT and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: PROPOSAL #07-731-DD - DEVELOP CALICHk CANYON CELL VI - PHASE II - $389,780 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. L.D. KEMP EXCAVATING. INC's proposal dated November 14, 2007 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, E S (OWNER) MAYOR ATTEST: C12jk_�� .- City S retary COMPLETE ADDRESS: Compan Address City, State, Z' ;2 ATTEST: APPROVED AS TP FORM: Corporate Secretary �" _ "'. Re 17 5ZOT y Attorney GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR __.. Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit L.D. KEMP EXCAVATING, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative JOHN COBB LANDFILL MANAGER so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications _without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the E y work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. I Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (150/6) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. -' If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to 3 the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. a PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF - LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO 7 THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the general aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With Heavy Equipment Endorsement & XTU Endorsement B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 50$ 0,000 Combined Single Limit, to include (ANY AUTO) all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, 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. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, 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 of whether 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 provide 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 food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) 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 the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity 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 the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) 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 of the person providing services on the project, for the duration of the project; (c) 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 of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing b certified mail or personal delivery, within 10 (fl fY g tY g Y p rY� days after the person knew or should have known, of any change that materially affects - the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the 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 of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. i._ 10 (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) 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 the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity 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 the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law 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 at 800-372-7713 or 512-804- 4000 (www tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: 11 29 (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) 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 of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. - 12 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 13 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES+ It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $600 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 14 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein -. fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. --- Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and - 3 according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's - Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there 15 are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said j partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative_ on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 16 e Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed --- that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, 17 equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent t- permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies__ available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 18 -' 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, - Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a 19 Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-PipingBoiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Track Driver -Heavy 8.00 Track Driver -Light 7.00 oil EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS Proj ict Manual City of Lubbock, Texas Caliche Canyon Landfill Cell VI TCEQ MSW Permit No. 69 October 2007 PSC Project #: 01274707 •_� 1i111[Bif4AII4tlEilY#lf ®i�iYlEtiitl4f i1t.Ef YtfiiFli.fYOR.MtYYN. Parkhill, Smith & Cooper, Inc. 'HHi1tE.•YE.pB...p ■. Y.iWEEEYYiHON Engineers a Architects a Planners Project Manual City of Lubbock, Texas Caliche Canyon Landrill Cell VI TCEQ MSW Permit No. 69 October 2007 PSC Project 01274707 1 Dom= t Parkhill, Smith & Co.o. er, Inc. p ias. S- Enginews a Archltecft v, Mannem 1 TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS CALICHE CANYON LANDFILL TCEQ MSW PERMIT NO. 69 CELL VI CONSTRUCTION DIVISION AND SECTION CONDITIONS OF THE CONTRACT NO. OF PAGES SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS ............................................ 6 DIVISION 1 GENERAL REQUIREMENTS SECTION 01010 SUMMARY OF WORK................................................................................... 2 SECTION 01019 CONTRACT CONSIDERATIONS.................................................................. 2 SECTION 01025 MEASUREMENT AND PAYMENT............................................................... 3 SECTION 01039 COORDINATION AND MEETINGS.............................................................. 2 SECTION 01090 REFERENCE STANDARDS........................................................................... 2 SECTION 01300 SUBMITTALS..................................................................................................3 SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES ....................... 2 SECTION 01400 QUALITY CONTROL..................................................................................... 2 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS.............4 SECTION 01600 MATERIAL AND EQUIPMENT.....................................................................2 SECTION 01700 CONTRACT CLOSEOUT................................................................................4 DIVISION 2 SITE WORK SECTION 02200 EXCAVATION AND EARTHWORK............................................................. 7 SECTION 02245 GEOMEMBRANE LINER.............................................................................15 SECTION 02260 PROTECTIVE SOIL COVER..........................................................................3 DIVISIONS 3 -16 NOT USED APPENDIX APPENDIX A SOIL AND LINER QUALITY CONTROL PLAN 01274707 TABLE OF CONTENTS PAGE 1 10/07 SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS PART 1- GENERAL The following paragraphs identify and describe changes to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "13. LINES AND GRADES", add a second paragraph as follows: All lines and grades (field surveys) furnished by the Owner's Representative are for initial construction layout and final construction verification. If a portion of the work fails and requires additional work by the Contractor, additional surveys will be provided by the Owner's Representative at Contractor's expense. The Contractor shall be billed directly for additional surveys by the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for additional surveys will result in a reduction of that amount from the final payment. 1.1.2 General Conditions "21. OBSERVATION AND TESTING", add a fourth paragraph as follows: _ The Contractor shall pay all costs for pre -construction testing called for in the Technical Specifications and for all failing tests during construction. The Owner shall pay for all construction testing expect for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for failed tests will result in a reduction of that amount from final payment. 1.1.3 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT", delete the first paragraph of this section. 1.1.4 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: Delete the fourth sentence of the first paragraph, i.e., "The Contractor, his sureties... including attorney's fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents, including Engineer, and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and project which is the subject matter of this contract, on account of the failure of the Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, including Engineer, or employees including attorney's fees." 01274707 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 1 _ . 10/07 1.1.5 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first paragraph: "All insurance, as hereafter specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C. The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.6 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", modify as follows Delete the last sentence of the paragraph, i.e., "without limiting, in any way, manner and form, the indemnity provided ... out of the performance of this contract." and replace it with the following: "The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any adjacent or adjoining property arising or growing out ofthe performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work." 1.1.7 General Conditions "51. SPECIAL CONDITIONS", modify as follows: Delete the paragraph and replace it with the following: "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.2 ADDITIONAL PARAGRAPHS 1.2.1 General Conditions 58. CONSTRUCTION PROCEDURES AND SAFETY:" Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage, control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parties on the project and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor for precautions or programs. All of these matters shall be responsibility of the Contractor. Owner's Representative's and Engineer's monitoring or review of portions of the work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against all claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attorney's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, 01274707 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 2 10/07 t_ i suppliers, their employees and agents, or any other person, arising out of or resulting from Contractor's responsibilities under this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity indemnified hereunder. Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or omissions. 1.2.2 General Conditions 59. RESIDENT PROJECT REPRESENTATIVE (RPR): General: RPR is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with Engineer and Contractor keeping Owner advised as necessary. RPWs dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. A. Duties and Responsibilities of RPR: Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. B. Shop Drawings and Samples: 1. Record date of receipt of Shop Drawings and samples. 2. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. 3. Advise Engineer and Contractor ofthe commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. C. Review of Work, Rejection of Defective Work, Inspections and Tests: 01274707 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 3 10/07 E, t 1. Conduct on -site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. 4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. D. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Engineer. Transmit to Contractor decisions as issued by Engineer. E. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer. F. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 2. Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. G. Reports: 01274707 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 4 10/07 t_. 1. Furnish Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 2. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. 3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to Engineer Change Orders, Work Directive Changes, and Field Orders. 4. Report immediately to Engineer and Owner upon the occurrence of any accident. H. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. I. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer. for review and forwarding to Owner prior to final payment for the Work. J. Completion: 1. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Conduct final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. 3. Observe that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. K. Limitations of Authority: Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. 2. Shall not exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. 01274707 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 5 10/07 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize Owner to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01274707 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 6 10/07 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.2 RELATED SECTIONS A. Section 00700 - General Conditions. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas, Caliche Canyon Landfill, "Cell VI Excavation and Liner Construction." B. Location: Lubbock, Texas, Caliche Canyon Landfill, TNRCC MSW Permit No. 69. C. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief description of the Project is as follows: 1. Earthwork excavation, grading and berm construction as shown on plans. 2. Berm construction on north and south sides. 3. Subgrade preparation to the lines and grades shown on the plans. 4. 60 mil high density polyethylene liners, smooth and textured. 5. Construction Testing. 6. Protective Soil Cover placement. 7. Erosion protections. 1.4 CONTRACTOR USE OF SITE A. Limit use of site to allow one Owner occupancy. B. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 1.5 OWNER OCCUPANCY A. The Owner will occupy the site during construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART2-PRODUCTS Not Used 01274707 SUMMARY OF WORK 01010 - 1 10/07 PART 3 - EXECUTION Not Used END OF SECTION 01274707 SUMMARY OF WORK 01010 - 2 10/07 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.2 RELATED SECTIONS A. Section 01300 - Submittals: Schedule of Values. B. Section 01600 - Material and Equipment: Product substitutions. 1.3 PROJECT DURATION A. Definitions 1. Substantial Completion — The point at which the liner system has been satisfactorily installed.and all related work complete, 2. Final Completion — The point at which the Liner Evaluation Report (LER) is accepted as complete by the TCEQ. B. Substantial Completion — Work associated with the project shall be substantially complete within 180 days of Notice -to -Proceed for the liner system. C. Final Completion — The duration of final completion of the base bid is dependent upon the TCEQ's review of the LER. The balance of retainage will be held until the LER is accepted by the TCEQ. 1.4 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.5 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. C. All Change Orders must be approved and signed by Owner. Do not commence with work included in a Change Order until it has been approved and signed by the Owner. PART 2-PRODUCTS Not Used 01274707 CONTRACT CONSIDERATIONS 01019 - 1 r]l 10/07 PART 3 - EXECUTION Not Used END OF SECTION 01274707 CONTRACT CONSIDERATIONS 01019 - 2 10/07 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL The unit price or lump sum price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made such as, but not limited to, mobilization, clean up, and other incidentals, shall be included in the bid prices on the various items. 1.1 MOBILIZATION/DEMOBILIZATION Payment will be made for mobilizing and demobilizing all equipment, tools insurance, bonds and all other job -related items to and from the job site. Price will be on a lump sum basis and shall include all equipment, labor, materials, superintendence and all incidentals necessary to become fully mobilized at the start of the project and demobilized when work is complete. Mobilization related - expenses include Contractor's cost for the following: obtaining a construction staging area; obtaining storage areas for equipment and construction office facilities; obtaining and setting up construction office facilities; obtaining and paying for electric power required for construction; providing sanitary facilities for construction personnel; obtaining and paying for water needed for construction; providing and maintaining dust control over the project working area; and all other incidentals - required for Contractor to complete mobilization. This bid item shall not exceed 3% of the contract price. 1.2 . EXCAVATION Payment will be made for providing all labor, equipment, materials, supplies, etc., necessary to excavate the cell to the elevations and grades shown on the plans, and to prepare the areas to receive the lining system. Payment will be made for the total excavation on a per -cubic yard of excavation. CONTRACTOR must provide survey control and surveyed measurements to verify amount of excavation for payment purposes. 1.3 BERM CONSTRUCTION Payment will be made for providing all labor, equipment, materials, supplies, etc., necessary to construct the berm along the east side of the excavation to the elevations and grades shown on the plans. Berm to be constructed of caliche type fill and covered with 12-inches of topsoil. Payment will be made for the total berm construction on a per -cubic yard basis. CONTRACTOR must provide survey control and surveyed measurements to verify the amount of berm constructed for payment purposes. 01274707 MEASUREMENT AND PAYMENT 01025 - 1 10/07 _ x 1.4 SUBGRADE PREPARATION (FLOOR) Payment will be made for providing all labor, equipment, materials, supplies, etc., necessary to prepare the floor areas to receive the lining system and leachate collection system including all excavation, leachate collection system trenches and sumps, and all fills associated with re- establishing the grades on areas with existing erosion rills as shown on the plans. Payment will be made for total subgrade preparation on a per square foot basis of floor subgrade preparation. 1.5 SUBGRADE PREPARATION (SLOPES) Payment will be made for providing all labor, equipment, materials, supplies, etc., necessary to prepare the slope areas to receive the lining system as shown on the plans. Payment will be made for total subgrade preparation on a per square foot basis of slope subgrade preparation. 1.6 SMOOTH GEOMEMBRANE LINER Payment will be made for providing and installing a 60 mil thick, high density polyethylene liner including plastic for cutoff wall, sacrificial membrane, all labor, equipment, materials, supplies, etc., for complete installation. Price should include cost of anchor trench construction and compaction of backfill in anchor trench after liner installation. Payment will be made for the actual measured square footage of the liner installed and in place up to the front edge of the anchor trench. No additional pay quantity will be made for the sacrificial membrane. 1.7 TEXTURED GEOMEMBRANE LINER Payment will be made for providing and installing a 60 mil thick, high density polyethylene liner including plastic for cutoff wall, sacrificial membrane, all labor, equipment, materials, supplies, etc., for complete installation. Price should include cost of anchor trench construction and compaction of backfill in anchor trench after liner installation. Payment will be made for the actual measured square footage of the liner installed and in place up to the front edge of the anchor trench. No additional pay quantity will be made for the sacrificial membrane. 1.8 PROTECTIVE SOIL COVER (FLOOR) Contractor will place all protective soil on top of the floor liner system. Payment will be made for installation of soil cover material that is available on site. Price will include all labor, material, equipment and superintendence as necessary to install the soil. Payment will be made for actual measured square footage of the 2-foot thick protective floor cover and soil berm. 1.9 PROTECTIVE SOIL COVER (SLOPES) Contractor will place all protective soil on top of the slope liner system including the soil berm along the edge liner as shown on the plans. Payment will include all labor, materials, equipment and superintendence as necessary to install the soil. Payment will be made for actual measured square footage of the 2-foot thick protective slope cover and soil berm. 01274707 MEASUREMENT AND PAYMENT 01025 - 2 10/07 € t__ 1.10 EROSION CONTROL Payment will be made for preparing, implementing and maintaining a Storm Water Pollution Prevention Plan (SW3P) as required under National Pollution Discharge Elimination System regulations. Price includes work related to preparation of all SW3P documentation, filing of the Notice of Intent (NOI) prior to construction, and Notice of Termination (NOT) following establishment of vegetation. Price shall include all labor, materials, equipment, and superintendence necessary to implement and maintain the SW3P. Payment will be made on a lump sum basis for work meeting the regulations. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01274707 MEASUREMENT AND PAYMENT 01025 - 3 10/07 SECTION 01039 COORDINATION AND MEETINGS PART 1-GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Site mobilization conference. 1.2 RELATED SECTIONS A. Section 00700 General Conditions. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy. 1.4 FIELD ENGINEERING A. Control datum for survey is shown on Drawings. B. Provide field engineering services. Establish elevations, lines,. and levels, utilizing recognized engineering survey practices. 1.5 SITE MOBILIZATION CONFERENCE A. Engineer will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer and Contractor's Project Manager and Jobsite Superintendent. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey layout. 6. Security and housekeeping procedures. 7. Schedules and Coordination. 8. Procedures for testing. 9. Procedures for maintaining record documents. D. Record minutes and distribute copies within three days after meeting to participants with two copies to Engineer and those affected by decisions made. 01274707 COORDINATION AND MEETINGS 01039 - 1 10/07 ge... I 1.6 BI-WEEKLY MEETINGS l A. Bi-weekly meetings will be held at the work area on a day agreeable to all parties. At minimum, the meeting will be attended by the Contractor and the Engineer. The purpose of the meeting is to: 1. Review the work activity and location for the week. 2. Discuss the Contractor's personnel assignment for the week. 3. Review the previous week's activity. 4. Review the work schedule. 1- 5. Discuss the possible problem areas and situations. 6. Review of submittals schedule and status of submittals. 7. Maintenance of progress schedule. S. Planned progress during succeeding work period. 9. Coordination of projected progress. 10. Maintenance of quality and work standards. 11. Review status of "as -built" drawings prepared by Contractor to ascertain that Contractor is keeping "as -built" drawings CURRENT. 12. Other business relating to Work. B. Record minutes, and distribute copies within three days to Engineer, participants, and those affected by decisions made. PART2-PRODUCTS t. Not Used PART 3 - EXECUTION Not Used END OF SECTION 01274707 10/07 COORDINATION AND MEETINGS 01039 - 2 SECTION 01090 REFERENCE STANDARDS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids. C. Obtain copies of standards when required by Contract Documents. 1.4 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 N. Capitol St. NW Washington, DC 70001 ACI American Concrete Institute Box 19150, Reford Station Detroit, MI 48219 API American Petroleum Institute 1220 L. St. Northwest Washington, DC 20005 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 CFR Code of Federal Regulations U.S. Government Printing Office Washington, DC 20402 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 01274707 REFERENCE STANDARDS 01090 - 1 10/07 GRI Geosynthetic Research Institution Drivel University West Wing - Rush Bldg. #10 Philadelphia, PA 19104 NSF National Sanitation Foundation 3475 Plymouth Road P.O. Box 130140 Ann Arbor, Michigan 48113-0140 NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC 20036 TCEQ Texas. Commission on Environmental Quality Box 13087 Austin, Texas 78711-3087 USCOE U.S. Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01274707 REFERENCE STANDARDS 01090 - 2 10/07 SECTION 01300 SUBMITTALS PART 1- GENERAL Li SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. D. Proposed products list. E. Proposed Equipment List F. Shop drawings. G. Product data. H. Manufacturers' instructions. I. Manufacturers' certificates. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control: Manufacturers' field services and reports. D. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Applly Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required identifying all changes made since previous submittal and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. 01274707 SUBMITTALS 01300 - 1 10/07 1.5 CONSTRUCTION PROGRESS SCHEDULES t A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Engineer review. B. Revise and resubmit as required. C. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.6 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.7 SHOP DRAWINGS A. Submit in a reproducible form. B. Submit the number of reproductions which Contractor requires, plus three copies which will be retained by Engineer. C. Drawing size shall be minimum 8 V2 x 11 inches and maximum of 24 x 36 inches. 1.8 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. C. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.9 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. 01274707 SUBMITTALS 01300 : 2 10/07 7 i PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01274707 SUBMITTALS 01300 - 3 10/07 SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES PART 1- GENERAL 1.1 SECTION INCLUDES A. Where required, the Contractor shall develop a SWPPP, file a Notice of Intent (NOI) and implement storm water pollution prevention measures shown on the drawings. The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, and/or failure to adequately implement and adjust the storm water pollution prevention measures where a SWP3 is implemented. 1.2 SUBMITTALS A. Inspection Reports. 1.3 EROSION AND SEDIMENT CONTROLS A. General 1. Structural measures shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit run-off and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented in a timely manner during the construction process to minimize erosion and sediment run-off. B. Stabilized Ingress/Egress 1. Stabilized access to and from the construction site shall be installed as soon as practical where a SWP3 is required. 2. In all cases, Contractor shall ensure that any soil tracked off -site is cleaned from existing roads, alleys, and any adjacent properties as soon as possible. The Contractor or other responsible party shall check for any pollutants (mud, silt, sand, cement, construction materials, etc.) tracked or washed off -site and perform necessary clean-up measures at the end of each work day. C. Silt Fences/Diversion Berms 1. Where necessary, the Contractor shall provide silt fences and/or diversion berms as a temporary structural practice to minimize erosion and sediment runoff. Silt fences and/or diversion berms shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading). D. Sand/Gravel Bags 1. The Contractor may provide sand/gravel bags as a temporary structural practice to minimize erosion and sediment runoff. Bags shall be properly placed to effectively retain sediment 'immediately after completing each phase of work (e.g., clearing and grubbing, excavation, embankment, and grading) in each independent runoff area (e.g., after clearing and grubbing in an area between a ridge and drain, bags shall be placed as work progresses, bags shall be removed/replaced/relocated as needed for work to progress in the drainage area). Sand/gravel bags must remain in good condition, or they shall be replaced. 01274707 STORM WATER POLLUTION PREVENTION MEASURES 01356 - 1 10/07 E. Site Stabilization 1. Contractor shall disturb the least amount of site area as possible. 2. Stabilization measures may include any of the following measures: a. temporary or permanent seeding or sodding, b. mulching, C. geotextiles, d. vegetative buffer stips, e. paving. PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN NOTE: The limits of disturbance for this project will exceed 1.0 AC in size. Contractor to prepare and submit bid accordingly. A. A SWP3 is only required if the limits of disturbance exceed 1.0 AC. B. If limits of disturbance exceed 1 AC, the Contractor is responsible for meeting requirements of TPDES. (Contractor shall develop SWPPP, file a NOI and implement SWPPP measures). C. A completed Construction Site Notice form in accordance with the requirements of the State's general permit for storm water discharges from construction sites will be prepared by the Contractor (where a SWP3 is required). D. The SWP3 (where required) shall be continually updated as necessary to reflect current and changing conditions on site. Additional measures not specifically shown in the SWP3 may be used to control erosion from leaving the site. END OF SECTION 01274707 STORM WATER POLLUTION PREVENTION MEASURES 01356 - 2 10/07 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation. B. Inspection and testing laboratory services. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01090 - Reference Standards. D. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. E. Section 01600 - Material and Equipment: Requirements for material and product quality. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Perform work by persons qualified to produce workmanship of specified quality. 1.4 INSPECTION AND TESTING LABORATORY SERVICES A. Contractor will perform all testing services of geomembrane liner. B. Owner will appoint, employ, and pay for services of an independent firm to perform inspection and testing if deemed necessary. C. The Contractor or the independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. D. Reports will be submitted by the Contractor or the independent firm to the Engineer, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Retesting required because of non-conformance to specified requirements shall be performed by the either the Contractor or the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor. PART 2 - PRODUCTS Not Used 01274707 QUALITY CONTROL 01400 - 1 10/07 PART 3 - EXECUTION Not Used END OF SECTION 01274707 QUALITY CONTROL 01400 - 2 10/07 t SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS _ PART 1 - GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. - B. Temporary Controls: Barriers, water control, protection of the Work, and security. C. Construction Facilities: Progress cleaning and removal of utilities. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01700 - Contract Closeout: Final cleaning. 1.3 CONSTRUCTION ENTRANCE A. Use of landfill operations entrance is not permitted during construction. B. Contractor to install construction entrances as directed by Owner. Size of construction entrance is at the contractor's discretion. C. Contractor shall remove gates and return construction entrances to original condition upon completion of the project. 1.4 TEMPORARY ELECTRICITY A. Contractor shall contact electric company to provide service for temporary power. B. Owner will not pay cost of energy used. Exercise measures to conserve energy, C. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.5 TEMPORARY WATER SERVICE A. Contractor shall provide temporary water service for all purposes (potable and nonpotable). B. Owner will not pay cost of water used. Exercise measures to conserve water. C. Contractor must provide a means at Contractor's expense to pump the water from the source and load water transport vehicles. 1.6 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 01274707 CONSTRUCTION FACILITIES 01500 - 1 10/07 AND TEMPORARY CONTROLS 1.7 BARRIERS/TRAFFIC CONTROL A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Furnish all necessary traffic control signs and flag personnel. The Contractor shall establish a parking area in a location approved by the engineer and Owner. 1.8 STORM WATER CONTROL A. Grade site to drain. Maintain excavations free of water. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. C. Protect all lining materials from water before, during, and after installation. 1.9 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. 1.10 SECURITY/WORKING HOURS A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. Cost for security shall be included in bid price. B. The normal hours of operation for the landfill are from 7:00 a.m. to 5:00 p.m. Monday - Saturday. The Contractor will be allowed to work beyond the landfill normal working hours of operation. The Contractor will be responsible for securing the site when doing so. 1.11 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose on existing working face at intervals as required to maintain clean site. 1.12 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART2-PRODUCTS Not Used 01274707 CONSTRUCTION FACILITIES 01500 - 2 10/07 AND TEMPORARY CONTROLS PART 3 - EXECUTION Not Used END OF SECTION 01274707 CONSTRUCTION FACILITIES 01500 - 3 10/07 AND TEMPORARY CONTROLS SECTION 01600 MATERIAL AND EQUIPMENT PART 1- GENERAL 1.1 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control: Product quality monitoring. 1.3 PRODUCTS Products mean new material, components, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 01274707 MATERIAL AND EQUIPMENT 01600 - 1 10/07 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide cover to stockpile to prevent windblown contaminants from mixing with the stockpile. Granular materials shall not be stored on bare ground or asphalt surfaces. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.5 PRODUCT OPTIONS Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. 1.6 EQUIPMENT LIST Submit in accordance with Section 01300 Submittals. 1.7 SUBSTITUTIONS A. Engineer will consider requests for substitutions only within 30 days after date established in Notice to Proceed. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance ofproposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required or the Work to be complete with no additional cost to Owner. 4. Waives claims for additional cost or time extension which may subsequently become apparent. 5. Will reimburse Owner and Engineer for review or redesign services associated with re - approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART 2-PRODUCTS Not Used 01274707 MATERIAL AND EQUIPMENT 01600 - 2 10/07 i_ PART 3 - EXECUTION Not Used END OF SECTION 01274707 MATERIAL AND EQUIPMENT 01600 - 3 10/07 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Hazardous materials affidavit. E. Project record documents. F. Operations and maintenance data. G. Warranties. H. Spare parts and maintenance materials. 1.2 RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to'view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition. D. Replace filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep pave areas, rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. H. Repair, patch and touch-up marred surfaces to match adjacent finishes. I. Clean ducts, blowers and coils if air conditioning units were operated during construction. J. Remove waste and surplus materials, rubbish, and construction facilities as directed by Engineer. 01274707 CONTRACT CLOSEOUT 01700 - 1 10/07 1.5 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 1.6 HAZARDOUS MATERIALS AFFIDAVITS A. Contractor, each subcontractor, and each material/product supplier to provide a notarized affidavit declaring that hazardous materials were not incorporated into construction of nor delivered to the Project. B. Hazardous materials include asbestos, lead polychlorinated biphenyl (PCB), prohibited termite eradication chemicals or any substance of any proportion determined or suspected by an agency of federal or state government to create a health hazard. C. Provide table of contents listing all affidavits in alphabetical order and assemble with metal prong binder in durable plastic presentation cover. D. Prepare binder cover with printed title "AFFIDAVITS OF NON -INCORPORATED HAZARDOUS MATERIALS", Title of Project, Project Address, Owner's Names, Address and Phone and date of Construction Completion. E. Provide two complete, identical binders of the aforementioned information in the prescribed format. F. Submit prior to final Application for Payment. 1.7 PROJECT RECORD DOCUMENTS A. Maintain on site, two sets of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. 6. Changes made by addenda and modification. F. Submit documents to Engineer with claim for final Application for Payment. 01274707 CONTRACT CLOSEOUT 01700 - 2 10/07 I 1.8 OPERATION AND MAINTENANCE DATA A. Submit one copy 15 days prior to final inspection, 8 Va x 11 inch text pages, bound in three D-ring binders with durable plastic covers. B. This copy will be returned after final inspection, with Architect comments. Revise content of documents as required prior to final submittal. C. Submit two final volumes revised within ten days after final inspection. D. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. E. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. F. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, type on 24 pound white paper. G. Part 1: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major equipment suppliers. H. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions necessary for Owner to make full and efficient use of equipment including recommended maintenance and seasonal change -over procedures for HVAC systems. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. I. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports. 3. Certificates. 4. Photocopies of warranties and bonds. 1.9 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.10 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. 01274707 CONTRACT CLOSEOUT 01700 - 3 10/07 PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01274707 CONTRACT CLOSEOUT 01700 - 4 10/07 SECTION 02200 EXCAVATION AND EARTHWORK PART 1- GENERAL 1.1 RELATED DOCUMENTS The following documents apply to the work of this Section A. Project Drawings B. General Conditions of the contract for Construction, and Supplementary Conditions. 1.2 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation, title or are used to establish criteria. The latest publication in use at the time of the executed contract shall be the one used on this project. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM D 698 1991 Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft (600 kN-m/m)) ASTM D 2922 1991 Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth) ASTM D 4318 1984 Liquid Limit, Plastic Limit, and Plasticity Index of Soils TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ Texas Commission on Environmental Quality, Municipal Solid Waste Management Regulation, 30 TAC Chapter 330 1.3 SECTION INCLUDES A. Project site has been excavated to near final grades shown on Project Drawings. Earthwork shall include the following. 1. Miscellaneous grading to repair erosion and proof rolling subgrades for geocomposite clay liner. 2. General excavation and filling for those areas to new contours. 3. Excavating for leachate collection system. 4. Excavating and backfilling anchor trenches. 01274707 EXCAVATION AND EARTHWORK 02200 - 1 10/07 1.4 RELATED SECTIONS A. Section 01090 — Reference Standards. B. Section 01500 — Construction Facilities and Temporary Controls. C. Section 01560 — Environmental Protection. D. Section 02245 - Geomembrane Liner. E. Section 02260 — Protective Soil Cover. 1.5 DEFINITIONS A. Backfill A specified material used in refilling a cut, trench, over excavation or other excavation, placed at a specified degree of compaction. B. Compaction The process of mechanically stabilizing a material by increasing its density at a controlled moisture condition. "Degree of Compaction" is expressed as a percentage of the maximum density obtained by the test procedure described in ASTM D 698 for general soil types abbreviated in this specification as " 95 percent ASTM D 698 maximum density". C. Embankment A "fill" having a top that is higher than adjoining ground. D. Excavation Excavation consists of the removal of material encountered to subgrade elevations and the reuse or disposal of materials removed. E. Fill Specified material placed at a specified degree of compaction to obtain an indicated grade or elevation. F. Hard Material Weathered rock, dense consolidated deposits or conglomerate materials, (excluding manmade materials such as concrete) which are not included in the definition of "rock" but which usually require the use of heavy excavation equipment with ripper teeth or the use of jack hammers for removal. G. In Situ Soil Existing in place soil. H. Lift A layer (or course) of soil placed on top of a previously prepared or placed soil. I. Rock Solid, homogeneous, interlocking crystalline material with firmly cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement, exceeding 1 cubic yard in volume. Removal of "hard material" will not be considered rock excavation because of intermittent drilling and blasting that is performed merely to increase production. J. Soil The surface material of the earth's crust resulting from the chemical and mechanical weathering of rock and organic material. K. Subgrade The material in excavation (cuts) and fills (embankments) immediately below any subbase, base, liner, or other improvement. Also, as a secondary definition, the level below which work above is referenced. 01274707 EXCAVATION AND EARTHWORK 02200 - 2 10/07 L. Subgrade The uppermost surface of an excavation or the top surface of a fill or backfill immediately below geocomposite clay liner. M. Topsoil In natural or undisturbed soil formations, the fine-grained, weathered material on the surface } or directly below any loose or partially decomposed organic matter. Topsoil may be a dark -colored, fine, silty, or sandy material with a high content of well decomposed organic matter, often containing traces of the parent rock material. Gradation and material - requirements specified herein apply to all topsoil references in this contract. The material shall be representative of productive soils in the vicinity. N. Unauthorized excavation consists of removing materials beyond indicated subgrade elevations or dimensions without direction by the Engineer. Unauthorized excavation, as well as remedial work directed by the Engineer, shall be at the Contractor's expense. __. O. Unsatisfactory Material Existing, in situ soil or other material which can be identified as having insufficient strength characteristics or stability to carry intended loads in fill or embankment without excessive consolidation or loss of stability. Unsatisfactory materials also include man-made fills, refuse, frozen material, uncompacted backfills from previous construction, unsound rock or soil lenses, or other deleterious or objectionable material. P. Working Platform -- A layer of compacted crushed rock or natural stone that replaces the in situ soil to provide a stable, uniform bearing foundation for construction equipment to facilitate further site construction. 1.6 DELIVERY AND STORAGE Deliver and store materials as needed in a manner to prevent contamination or segregation. 1.7 _ QUALITY ASSURANCE Codes and Standards: Perform earthwork complying with requirements of authorities having jurisdiction. 1.8 CRITERIA FOR BIDDING Base bids on the following criteria: A. Surface elevations as indicated. B. The character of the material to be excavated or used for subgrade is as indicated. Hard material shall not be considered as rock and removal of such material shall not give cause for a claim for additional compensation regardless of hardness or difficulty in removing. Rock as defined in the paragraph entitled, "Definitions," will not be encountered. C. Suitable backfill and fill material in the quantities required is available at the project site. D. Blasting will not be permitted. Remove material by drilling and use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers, or as approved by the Engineer. 01274707 EXCAVATION AND EARTHWORK 02200 - 3 10/07 PART 2-PRODUCTS 2.1 REQUIRED EQUIPMENT A. Subgrade preparation for areas to receive GM must include rolling with a self-propelled smooth drum roller. B. No equipment will be allowed within the limits of the lining system without prior approval from the Engineer. Submit all equipment to be used within the limits of the liner in accordance with Section 01300, Submittals including equipment weights, ground pressures, required lift thickness, etc. PART 3 - EXECUTION 3.1 PREPARATION A. Protection and Restoration of Surfaces Protect newly graded areas from traffic, erosion, and settlements. Repair and reestablish damaged or eroded slopes, elevations or grades and restore surface construction prior to acceptance. Protect existing streams, ditches and storm drain inlets from water -borne soil by means of straw bale dikes or filter fabric dams as needed. Conduct work in accordance with requirements specified in Section 01356, "Storm Water Pollution Prevention Measures." B. Stockpile of Excavated Material Stockpile excavated material in accordance with Section 01010 "SUMMARY OF WORK" and in such a manner that it will not obstruct the flow of runoff, streams, endanger a partly finished structure, impair the efficiency or appearance of facilities, or be detrimental to the completed work. 3.2 SURFACE PREPARATION A. Clearing Brush, refuse, stumps, roots, and unmerchantable timber shall become the property of the Contractor and be removed as directed by the Engineer. Conduct work in accordance with requirements specified in Section 01356, "Storm Water Pollution Prevention Measures." B. Stockpiling Topsoil Strip approved topsoil from the site where excavation or grading is indicated and stockpile separately from other excavated material. Locate topsoil as shown on plans so that the material can be used readily for the finished grading. Protect and store in segregated piles until needed. C. Unsatisfactory Material Remove organic matter, sod, muck, rubbish, and unsuitable soils under the limits of construction. Typical depth of removal of such unsuitable material will not be less than 12 inches. D. Protect structures, utilities, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. E. Provide erosion control measures to prevent erosion or displacement of soils. 3.3 DEWATERING A. Prevent surface water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. 01274707 10/07 EXCAVATION AND EARTHWORK 02200 - 4 B. Protect subgrades from softening and damage by rain or water accumulation. 3.4 GENERAL EXCAVATION A. Excavate to the indicated slopes, lines, depths and elevations. The Engineer will verify that the excavation has been performed in accordance with the Project Drawings. Stockpile excavated material as directed by Owner and Engineer. Prepare subgrade in accordance with paragraph 3.6, PREPARATION OF SUBGRADE AND COMPACTED BERMS, of this section. B. In the process of excavating over the existing lining system, it is unlikely that waste will be encountered. Ifwaste is encountered, Contractor to dispose of this waste on the active working face, as directed by the Owner, and cover any remaining exposed waste with a minimum of six (6) inches of clean soil of the same type as that used for the protective cover. C. Unclassified Excavation: Excavation is unclassified and includes excavation to required subgrade elevations regardless of the character of materials and obstructions encountered. D. Keep excavations free from water while construction is in progress. Notify the Engineer immediately in writing in the event that it becomes necessary to remove rock, hard material, or other material defined as unsatisfactory to a depth greater than indicated. Refill excavations cut below required subgrade elevations. 3.5 EXCAVATION FOR ANCHOR TRENCHES A. Excavate trenches to indicated slopes, lines, depths, and elevations. The Engineer shall verify that the trench has been constructed according to Project Drawings. B. Excavate anchor trenches to uniform widths as shown on Project Drawings. Excavate trench walls vertically from trench bottom to top, except rounded edges will be provided where liner materials enter anchor trenches so as to avoid sharp bends in the geosynthetic materials. C. If the trench is located in clay susceptible to desiccation, only the amount of trench required for one day of installation shall be excavated to minimize desiccation of trench soils. 3.6 PREPARATION OF SUBGRADE AND COMPACTED BERMS A. Fine -grade subgrade to smooth, uniform and compacted conditions, to elevations shown on Project Drawings. Remove all stones larger than 3/4-inch in diameter and any other objects which could damage overlying geosynthetic materials. B. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by the Engineer. C. Proof roll subgrade with self propelled smooth drum roller or by methods acceptable to the Engineer to remove clods and non -uniform subgrade. D. Construct berms to the grades shown. Use suitable fill materials from on site as directed by the Owner and compact to 95% standard proctor density (ASTM D698). Control the development of rills, repairing any that occur, and maintain the side slopes for the duration of the project. E. The top 12-inches of all berms shall be constructed of topsoil compacted no more than 75% standard proctor density (ASTM D698). 3.7 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavations as directed by the Engineer. 01274707 EXCAVATION AND EARTHWORK 02200 - 5 10/07 l 3.8 ANCHOR TRENCH BACKFILL A. The anchor trench shall be backfilled and compacted in loose lifts not to exceed 8-inches. Compaction shall be achieved using light, rubber -tired equipment or other light compaction equipment. Care shall be taken to prevent damage to the geosynthetic materials. At no time shall construction equipment come into direct contact with the geosynthetic clay liner, geomembrane or geonet. If damage occurs, it shall be repaired by the Contractor, in accordance with the specifications, prior to completion of backfilling. B. The anchor trench shall be compacted to the Maximum Dry Density shown on the plans as determined by ASTM D698. 3.9 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade or backfill layer before compaction to optimum moisture content or higher. 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet to compact to specified density. a. Stockpile or spread and dry removed wet satisfactory soil material. 3.10 GRADING A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. Provide a smooth transition between existing adjacent. grades and new grades. Correct and control wind and water erosion. B. Site Grading Grade to finished grades indicated within 0.10 foot. No rock will protrude above the finished grade elevation. Rock that protrudes will be removed below grade and the void backfilled and compacted to ASTM D698 (95%). Grade areas to drain where possible. Existing grades which are to remain but are disturbed by the Contractor's operations shall be restored to preconstruction condition. C. Protection of Surfaces Protect newly graded areas from traffic, erosion, and settlements that may occur and as required in the Section 01356, "Storm Water Pollution Prevention Measures" and as specified in paragraph 3.1.13 of this Section entitled "Protection and Restoration of Surfaces." Repair or reestablish damaged grades, elevations, or slopes before work will be accepted. 3.11 FIELD QUALITY CONTROL A. The Contractor will allow the Engineer to inspect and test each subgrade and each fill or backfill layer. Do not proceed until test results for previously completed work verify compliance with requirements. 1. Liner Subgrade: Proof roll to smooth surface such that no ruts or other surface indentions exceed one inch in depth. 2. Trench Backfill: In each compacted initial and final backfill layer, perform at least one field in -place density test for each 150 feet or less of trench, but no fewer than two tests. 01274707 EXCAVATION AND EARTHWORK 02200 - 6 10/07 3. Berm Construction: a. Fill materials will be placed in 8-inch loose lift thicknesses and compacted to required densities. Field densities will be performed every 8,000 square feet per l compacted lift for area fill and every 500 linear feet per lift for embankment. b. Cohesive soil having a plasticity index less than 15 shall be compacted to at least 95 percent ASTM D 698 at optimum moisture content (+/- 2 percent). Cohesive soils with a plasticity index of 15 or more shall be compacted to at least 95 percent ASTM D 698 at or above optimum moisture content. B. When test results report that subgrades, fills, or backfills are below specified density, scarify and moisten or aerate, or remove and replace soil to the depth required, recompact and retest until required density is obtained. 3.12 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and re-establish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace material to depth directed by the Engineer; reshape and recompact at optimum moisture content to the required density. C. Settling: Where settling occurs during the Project correction period, remove finished surfacing, backfill with additional approved material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.13 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Transport surplus satisfactory soil to designated storage areas on the Owner's property. Stockpile or spread soil as directed by Engineer. 1. Remove waste material, including unsatisfactory soil, trash, and debris, and dispose of it on the active face as directed by the Engineer. END OF SECTION 01274707 EXCAVATION AND EARTHWORK 02200 - 7 10/07 L..i SECTION 02245 GEOMEMBRANE LINER PART 1 - GENERAL 1.1 RELATED DOCUMENTS The following documents apply to the work of this Section. A. Project Drawings. B. General Conditions of the contract for Construction, and Supplementary Conditions. 1.2 SECTION INCLUDES A. High Density Polyethylene (HDPE) geomembrane liner (GML). B. Installation of HDPE GML. 1.3 REFERENCES Applicable Publications: The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basicdesignation only. The latest publication in use at the time of the executed contract will be the one that governs this project. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) STANDARDS D 413 Rubber Property -Adhesion to Flexible Substrate D 638 Tensile Properties of Plastics D 746 Brittleness Temperature of Plastics and Elastomers by Impact D 751 Standard Test Methods for Coated Fabrics D 792 Standard Test Methods for Density and Specific Gravity (relative density) of Plastics by Displacements D 882 Tensile Properties of Thin Plastic Sheeting D 1004 Initial Tear Resistance of Plastic Film and Sheeting D 1204 Linear Dimensional Changes of Nonrigid Thermoplastic Sheeting or Film at Elevated Temperature D 1238 Flow Rates of Thermoplastic by Extrusion Plastometer D 1505 Standard Test Method for Density of Plastics by the Density -Gradient Technique 01274707 GEOMEMBRANE LINER 02245 - 1 10/07 D 1593 Nonrigid Vinyl Chloride Plastic Sheeting D 1603 Carbon Black in Olefin Plastics D 1693 Environmental Stress Cracking of Ethylene Plastics D 1822 Tensile Impact Energy to Break Plastics and Electrical Insulating Materials D 3015 Standard Practice for Microscopical Examination of Pigment Dispersion in Plastic Compounds D 4437 Standard Practice for Determining the Integrity of Field Seams Used in Joining Flexible Polymeric Sheet Geomembrane. D 4833 Standard Test Method fro Index Puncture Resistance of Geotextiles, Geomembrane, and Related Products. D 5199 Standard Test Method for Measuring Nominal Thickness of Geotextile and Geomembranes D 5321 Standard Test Method for Determining the Coefficient of Soil and Geosynthetic or Geosynthetic and Geosynthetic Friction by the Direct Shear Method D 5397 Standard Test Method for Evlauation of Stress Crack Resistance of Polyolefm Geomembranes using Notched Constant Tensil Load Test. D 6693 Tensile Properties of Plastics NATIONAL SANITATION FOUNDATION GRI GM 13 HDPE Liners TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TCEQ Texas Commission on Environmental Quality, Municipal Solid Waste Management Regulation, 30 TAC Chapter 330 TCEQ, Liner Handbook Liner Construction and Testing Handbook Published in accordance with 30 TAC §330.6, July 1, 1994. OWNER MSW Permit Owner's TCEQ MSW Permit. 01274707 GEOMEMBRANE LINER 02245 - 2 10/07 1.4 QUALITY ASSURANCE A. Manufacturing The Manufacturer shall have at least five (5) years continuous experience in the manufacture of HDPE geomembrane rolls and/or experience totaling 10,000,000 square feet of manufactured HDPE geomembrane. The manufacturer shall permit the owner and the Engineer to visit the manufacturing plant. B. Installation The installation contractor shall be the manufacturer or an approved contractor trained and licensed to install the manufacturer's geomembrane. Installation shall be performed under the constant direction of a single Field Installation Supervisor who shall remain on site and be responsible, throughout the liner installation, for liner layout, seaming, patching, testing, repairs, and all other activities by the Installer. This Installation Supervisor shall have installed or supervised the installation and seaming of a minimum of 2,000,000 square feet of HDPE geomembrane. Actual seaming shall be performed under the direction of a Master Seamer (who may also be the Installation Supervisor) who has seamed a minimum of 2,000,000 square feet of HDPE geomembrane, using the same type of seaming apparatus specified in the current project. This Installation Supervisor and/or Master Seamer shall be present whenever seaming is performed. 1.5 SUBMITTALS A. Manufacturer 1. Quality control program and manual, or descriptive documentation. 2. List of material properties and samples of liner. 3. A list documenting no less than 5 completed facilities totaling a minimum of 2,000,000 square feet. 4. Certification that all resin used in the manufacture of geomembrane for this job meets the specifications. 5. Copy of quality control certificates issued by the HDPE resin supplier. 6. Copy of quality control certificates in conformance with Sections 2.2 and 2.5. 7. Certification that the geomembrane and extrudate produced for this project have the same properties. B. Installation Contractor 1. Certification that both the Installation Supervisor for the installer and the Master Seamer have reviewed the Quality Assurance Plan, the Project Plans, and these specifications. 2. Three (3) samples of factory seams, if applicable. In addition, the Contractor shall submit three field seam samples. The Contractor shall also provide a list of seam properties, minimum values (see section 2.4), and test methods employed. 3. A list of at least 5 completed facilities, totaling a minimum of 2,000,000 square feet for which the Contractor has installed an HDPE geomembrane. 4. Proposed Installation Panel layout identifying seams and details. a. Layout plan must be approved by the Engineer at least 10 days before materials are ordered. The panel layout must provide a numbering scheme to be used in quality control/assurance procedures and shall provide that: 1) Seams run up and down slopes. 2) Field seam lengths are to be minimized. 3) GML shall not have any penetrations. 01274707 GEOMEMBRANE LINER 02245 - 3 10/07 5. Written certification that Installer is capable of performing all necessary construction testing as required by the TNRCC. 6. Any proposed variance or deviation from these documents shall be submitted in writing by the Installer to the Engineer a minimum of seven (7) working days prior to the scheduled start of geomembrane installation and will be accepted/rejected by the Engineer prior to start of installation activities. C. Materials 1. Submit samples as required in the SLQCP. 1.6 WARRANTY A written Warranty shall be obtained from the Manufacturer (for material) and the Installation Contractor (for workmanship). These documents shall warrant the quality of the in -place liner. A. Manufacturer Furnish a written warranty on a prorate basis for a period of 20 years. The warranty shall be against manufacturing defects or workmanship and against deterioration due to ozone, ultraviolet or other normal weather aging. The warranty shall be limited to replacement of material only, and shall not cover installation. B. Installation Contractor Furnish a written warranty that the entire lining installed to be free of defects in material and workmanship and installed pursuant to the City of Lubbock "Soil and Liner Quality Control Plan" (SLQCP) for a period of 2 years following the date of the Certificate of Completion. The Contractor shall agree to make any repairs or replacements made necessary by defects in materials or workmanship which become evident during the 2 year warranty period. 1.7 DELIVERY, STORAGE AND HANDLING A. Transportation The geomembrane rolls or panels shall be packaged and shipped by appropriate means so that no damage is caused. Transportation shall be the responsibility of the Installer. B. Delivery Off-loading and storage. of the geomembrane is the responsibility of the Installer. The Installer shall be responsible for replacing any damaged or unacceptable material at no cost to the Owner. No off-loading shall be done unless the Engineer is present. Damage during off-loading shall be documented by the Engineer and Installer. All damaged rolls must be separated from the undamaged rolls until the proper disposition of that material has been determined by the Owner's Representative. The Owner's Representative will be the final authority on determination of damage. C. On -Site Storage The geomembrane shall be stored so as to be protected from puncture, dirt, grease, water, moisture, mud, mechanical abrasions, excessive heat, or other damage. The rolls shall be stored on a prepared surface (not wooden pallets) and should not be stacked more than two rolls high. 01274707 GEOMEMBRANE LINER 02245 - 4 10/07 PART2-PRODUCTS 2.1 MATERIALS A. The geomembrane shall be High -Density Polyethylene. B. Textured HDPE will have a coefficient of friction of GM to subgrade of not less than 22 degrees. 2.2 GEOMEMBRANE RAW MATERIALS The geomembrane shall be manufactured of new, first -quality resin and shall be compounded and manufactured specifically for the intended purpose. Carbon black shall be added to the resin if the resin is not compounded for ultra -violet resistance. The resin manufacturer shall certify each batch for the properties shown in Tables 1 and 2. 2.3 ROLLS The geomembrane shall be supplied in rolls with a minimum width of 15 feet. Labels on each roll shall identify the thickness of the material, the length and width of the roll, batch and roll numbers, and name of manufacturer. The roll length shall be maximized to provide the largest manageable sheet for the fewest field seams The geomembrane rolls shall meet the properties shown on Table 1 for smooth membrane material, and Table 2 for textured membrane material. - . Prior to use, the material shall be certified in writing by the manufacturer to meet the minimum physical properties shown on Tables 1 and 2. The certificate must include roll identification number, testing procedure and test results. Test results are required for every 100,000 square feet of material shipped to site. 01274707 GEOMEMBRANE LINER 02245 - 5 10/07 TABLE 1 TYPICAL PROPERTIES: 60 mil, Smooth Liner TEST RESULTS Property Test Method Nominal") Minimum(2) Thickness (mils) ASTM D 5199 60 54 Sheet Density (g/cc) ASTM D 1505/792 0.940 Melt Index (g/10 minutes) ASTM D 1238 < 1.0 Carbon Black Content, (%) ASTM D 1603 2.0 Carbon Black Dispersion ASTM D 5596 4 TENSILE PROPERTIES: 1) Tensile strength at yield, ppi ASTM D 638 TY IV 126 2) Elongation at Yield, % (mod. per NSF Std. 54) 12 3) Tensile Strength at Break, ppi 228 4 Elongation at Break, 2.0" G.L. % 700 Tear Strength, lbs. ASTM D 1004 42 Puncture Resistance, lbs. ASTM D 4833 108 Low Temperature Brittleness ASTM D 746 < 940F Environmental Stress Crack ASTM D 1693 2,000 Resistance, hours (Cond. B) Dimensional Stability, % ASTM D 1204 130.5 131.0 SEAM PROPERTIES - Fusion Weld ASTM D 4437 I 1) Shear Strength, ppi (mod. per NSF Std. 54) 121 2 Peel Strength, ppi 98 SEAM PROPERTIES - Extrusion Weld ASTM D 6392 1) Shear Strength, ppi (mod per NSF Std. 54) 121 2 Peel Strength, ppi 78 (1) Nominal values, are average lot property values. (2) Minimum values, unless otherwise specified, are the average roll values as reported by the specified test method. (3) Film Tear Bond (4) 9 of 10 Views in Categories 1 or 2 and 1 of 10 views is Category 3. 01274707 GEOMEMBRANE LINER 02245 - 6 10/07 i i TABLE 2 TYPICAL PROPERTIES: 60 mil, Textured Liner TEST RESULTS Property Test Method Nominal Minimum Thickness, mils ASTM D 5994 60 54 Sheet Density, g/cc ASTM D 1505 / D 792 0.92 Melt Index, g/10 minutes ASTM D 1238 <1.0 Carbon Black Content, % ASTM D 1603 2.0 Carbon Black Dispersion ASTM D 5596 1 TENSILE PROPERTIES ASTM D 638 1) Tensile Strength at Yield, ppi. Type IV 126 2) Tensile Strength at Break, ppi (mod per NSF Std. 54) 90 3) Elongation at Yield, % 13 4 Elongation at Break " 2.0" G.L. % 250 Tear Strength, lbs. ASTM D 1004 33 Puncture Resistance, lbs. ASTM D 4833 66 Low Temperature Brittleness ASTM D 746 <940F Environmental Stress Crack ASTM D 1693 2,000 Resistance, hours (Cond. B) Dimensional Stability, % ASTM D 1204 -1.0 SEAM PROPERTIES - Fusion Weld ASTM D 4437 1) Shear Strength, ppi (mod. per NSF Std. 54) 121 2 Peel Strength, ppi 98 SEAM PROPERTIES - Extrusion Weld ASTM D 4437 1) Shear Strength, ppi (mod per NSF Std. 54) 121 2) Peel Strength, ppi 78 1 9 of 10 Views in Categories 1 or 2 and 1 of 10 Views in Category 3. 2.4 FIELD SEAMS The field seams shall be tested as follows: A. Shear seam specimens are 1 inch wide, with a grip separation of 4 inches plus the width of the seam. The seam is to be centered between the clamps. The grip separation rate is 2 ipm. B. Both shear seam strength and peel tests shall be run on five replicate specimens. A break through the weld or at the weld -sheet interface shall be considered a Non-FTB (failure) in both seam strength (shear) and peel strength tests. C. Approved field seaming processes are hot shoe fusion welding and extrusion welding. D. Welding rods or beads used for extrusion welding shall be HDPE and the physical properties shall be the same as those of the resin used in the manufacture of the HDPE geomembrane. 01274707 GEOMEMBRANE LINER 02245 - 7 10/07 2.5 QUALITY CONTROL SPECIFICATIONS A. Raw Materials 1. Resin a. All resins for use in Geomembrane must pass a candidate pre -approval process before being eligible for use. Each incoming rail car shall be sampled by compartment with the following testing performed and compared to the manufacturer's specifications: 1) Density: ASTM D 1505/D792. 2) Melt Index: ASTM D 1238. 2. Additives a. All additives and concentrates must pass a candidate pre -approval process. All inc/D792oming materials are to be statistically sampled with the following testing performed and compared to the manufacturer's specifications: 1) Density: ASTM D 1505/D792. 2) Melt Index: ASTM D 1238. 3) Carbon Black Content: ASTM D 1603. B. Finished Product: On -Line During Production 1. Coverage A minimum of one person from the Quality Department, independent of the Production Department, shall be present for on-line inspection of every roll for 100% of every run. 2. Inspection a. Performed on each roll. 1) Thickness: A full width sample shall be cut from the end of each roll, and thickness, shall be checked across the entire sample. 2) Appearance: There shall be constant monitoring of the following. (a) Sheet surface appearance. (b) Knife -cut edge. (c) Folds, holes, creases, abrasions, or other damage. 3. Roll Identification a. The Q.C. Engineer controls all paperwork, including roll tags. Four tags per roll shall be used on the following: 1) On the roll sleeve. 2) Inside the core. 3) On the production roll sample. 4) On the roll surface. 4. Out -of -Spec. Material Any roll not meeting the specification for any of the above inspections shall be placed on hold. C. Finished Product: Post Production 1. Sampling a. Test samples shall be obtained from the rolls of material to be delivered to the site for conformance testing. The samples shall be tested for the following requirements at the rates specified. 01274707 GEOMEMBRANE LINER 02245 - 8 10/07 i 2. Testing Requirements - Resin a. Specific Gravity/Density 1) Test Method: ASTM D 1505 / D 792. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. b. Melt Flow Index I) Test Method: ASTM D 1238. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3. Testing Requirements - Finished Product a. Thickness I ) Test Method: ASTM D 5994 (Textured), ASTM D 5199 (Smooth). 2) Test Frequency: 1 per 100,000 ft 2 and 1 test per resin lot. b. Density 1) Test Method: ASTM D 1505 / D 792. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. C. Carbon Black Content 1) Test Method: ASTM D 1603. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. d. Carbon Black Dispersion 1) Test Method: ASTM D 5596. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. e. Tensile Properties 1) Test Method: ASTM D 638 (NSF 54 Modified). 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. f. Puncture Resistance 1) Test Method: D 4833. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than one test per resin lot. 3) Minimum Number of Tests: 4. g. Tear Resistance 1) Test Method: ASTM D 1004. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. h. Dimensioned Stability (Shrinkage) 1) Test Method: ASTM D 1204, NSF 54 Modified. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. 01274707 GEOMEMBRANE LINER 02245 - 9 10/07 4. Reporting a. All results shall be logged into the batch file. Any testing that yields "out -of -spec" results shall be brought to the immediate attention of the Q.C. Manager. All material produced after the last sample meeting all specifications shall be retrieved and placed on hold. D. Finished Product: Laboratory Post -Production 1. Reporting a. All results shall be logged into the batch file. These results shall be the official properties for that batch. Any batch that fails any specification shall be placed on hold for further evaluation. PART 3 - EXECUTION 3.1 ANCHOR TRENCH The anchor trench shall be excavated as specified prior to liner system placement. 3.2 PLACEMENT A. The Installer shall be responsible for the following: 1. No equipment or tools shall damage the geomembrane by handling, trafficking, or other means. 2. No personnel working on the geomembrane shall smoke, wear damaging shoes, or engage in other activities that could damage the geomembrane. 3. The method used to unroll the panels shall not cause scratches or crimps in the geomembrane and shall not cause indentations in the supporting soil greater than one inch deep or damage to the underlying geotextile. 4. The method used to place the panels shall minimize wrinkles. Wrinkles shall be identified as to proper location and compensation shall be identified on the Contractor's and Engineer's drawings. Ballast shall be used to prevent relocation of the compensating wrinkles by wind. 5. Adequate loading (e.g., sand bags or similar items that will not damage the geomembrane) shall be placed to prevent uplift by wind (in case of high winds, continuous loading is recommended along edges of panels to minimize risk of wind flow under the panels). 6. Direct contact with the geomembrane shall be minimized, i.e., the geomembrane in traffic areas is protected by geotextiles, extra geomembrane, or other suitable materials. B. Weather Limitations Geomembrane deployment shall proceed between ambient temperatures of 32' F to 104' F. Placement can proceed below 32' F only after it has been verified by the Engineer that the material can be seamed according to the specification. Below 40' F, preheat of the GML will be required. Geomembrane placement shall not be done during any precipitation, in the presence of excessive moisture (e.g., fog, rain, dew) or in the presence of excessive winds, as determined by the installation supervisor. C. Geomembrane Protection Geomembrane will not be left exposed to weather for more than seven (7) consecutive calendar days. D. Factory Seam Quality Verifications 01274707 GEOMEMBRANE LINER 02245 - 10 10/07 The Engineer will require the Contractor to test up to as much as 20% of factory fusion welds (non-destructive air pressure test and/or vacuum test) in the field to verify factory test results. Additional testing at the Installer's expense will be required if failed tests are obtained in the field. 3.3 FIELD SEAMING Seams shall be oriented parallel to the line of maximum slope, i.e., oriented down, not across the slope. In corners and odd -shaped geometric locations, the number of field seams shall be minimized. No base T-seam shall be closer than 5 feet from the toe of the slope. Seams shall be aligned with the least possible number of wrinkles and "fishmouths." If a fishmouth or wrinkle is found, it shall be relieved and cap -stripped. A. Seam Overlap Panels of geomembrane must have a finished overlap of a minimum of 4 inches for hot shoe fusion welding and 3 inches for extrusion welding, but in any event sufficient overlap shall be provided to allow peel tests to be performed on the seam. No solvent or adhesive may be used unless the product is approved by the Owners Representative. (Samples shall be submitted to the Design Engineer for testing and evaluation). The procedure used to temporarily bond adjacent panels together shall not damage the geomembrane; in particular, the temperature of hot air at the nozzle of any spot welding apparatus shall be controlled such that the geomembrane is not damaged. B. Seaming Equipment and Accessories Approved equipment for field seaming are hot shoe fusion welders and extrusion welders. 1. Hot Shoe Welder, 110 Volt, 10 Amps. 2. Extrusion Welder, 220 Volt, I9 Amps. 3. High-speed, 10,000 rpm, 42 inch side grinder with 80-grit discs. 4. 7.5 KW Generator, single-phase with 110/220 Volt Outputs. 5. Power Cord, minimum S.O. type, 10 O.S.H.A. approved electrical cord with O.S.H.A. approved twist -type plugs and connections. 6. Seam Vacuum Tester for non-destructive seam and patch testing. 7. Field Tensiometer, capable of performing seam and peel adhesion tests for quantitative testing on -site. C. Test Seams Field test seams shall be conducted on geomembrane liner to verify that seaming conditions are satisfactory. Test seams shall be conducted for each seamer at the beginning of each seaming period, at the Engineer's discretion, and at least once each 4 hours, for each seaming apparatus used that day. All test seams shall be made at a location selected by the Engineer in the area of the seaming and in contact with the subgrade. The test seam samples shall be 10 feet long for hot shoe welding and 3 feet long for extrusion welding with the seam centered lengthwise. Specimens 1 inch wide shall be cut from each opposite end of the test seam by the Engineer. The Engineer shall use a tensiometer provided by the Installer to test these specimens for shear and peel. If a test seam fails to meet field seam specifications, the seaming apparatus and/or seamer shall not 01274707 GEOMEMBRANE LINER 02245 - 11 10/07 t be accepted and shall not be used for seaming until the deficiencies are corrected and two consecutive successful full test seams are achieved. At the very least, the peel adhesion and bonded shear strength must be 62% and 95%, respectively, of the strength of the parent material, but no less `than 78 ppi and 120 ppi, respectively. D. Non -Destructive Seam Testing The Installer shall non-destructively test all field seams over their full length. All test equipment, including but not limited to the following shall be furnished by the Installer: 1. Vacuum Box testing a. Equipment for testing single wedge fusion seams and extrusion seams shall be comprised of the following: 1) A vacuum box assembly consisting of a rigid housing, a transparent viewing window, a soft rubber gasket attached to the bottom, port hole or valve assembly, and a vacuum gauge. 2) A steel vacuum tank and pump assembly equipped with a pressure controller and pipe connections. 3) A rubber pressure/vacuum hose with fittings and connections. 4) A plastic bucket and wide paint brush. 5). A soapy solution. b. The following procedures shall be followed by the installer: 1) Excess sheet overlap shall be trimmed away. 2) Clean the window, gasket surfaces and check for leaks. 3) Energize the vacuum pump and reduce the tank pressure to approximately 3-5 psi. 4) Wet a strip of geomembrane approximately 12 inches by 48 inches (length of box) with the soapy solution. 5) Place the box over the wetted area and compress. 6) Close the bleed valve and open the vacuum valve. 7) Ensure that a leak tight seal is created. 8) For a period of approximately 15 seconds, examine the geomembrane through the viewing window for the presence of soap bubbles. 9) If no bubbles appear after 15 seconds, close the vacuum valve and open the bleed valve, move the box over the next adjoining area with a minimum 3 inches overlap and repeat the process. 10) All areas where soap bubbles appear shall be marked and repaired and then retested. C. The following procedures shall apply to locations where seams cannot be non-destructively tested, as determined by the Engineer: - 1) If the seam is accessible to testing equipment prior to final installation, the seam shall be non-destructively tested prior to final installation. 2) If the seam cannot be tested prior to final installation, the seaming _ operations shall be observed by the Engineer for uniformity and completeness. 2. Air Pressure Testing (For Double Fusion Seam Only) a. The following procedures are applicable to those processes which produce a double seam with an enclosed space. 1) Equipment for testing double fusion seams shall be comprised of the following: i- 01274707 GEOMEMBRANE LINER 02245 - 12 10/07 (a) An air pump equipped with pressure gauge capable of generating and sustaining a pressure between 25 and 30 psi and mounted on a cushion to protect the geomembrane. (b) A manometer equipped with a sharp hollow needle, or other approved pressure feed device. b. The following procedures shall be followed by the Installer: 1) Seal one end of the seam to be tested. 2) Insert needle or other approved pressure feed device through the sealed end of the channel created by the double wedge fusion weld. 3) Energize the air pump to verify the unobstructed passage of air through the channel. 4) Seal the other end of the channel. 5) Energize the air pump to a pressure between 25 and 30 psi, close valve, and sustain pressure for approximately 5 minutes. 6) If loss of pressure exceeds 4 psi, or pressure does not stabilize, locate faulty area, repair and retest. 7) Remove needle or other approved pressure feed device and seal. E. Destructive Seam Testing --, The Installer shall provide the Engineer with a minimum of one destructive test sample per 500 feet of seam length from a location specified by the Engineer. The Installer shall not be informed in advance of the sample location. 1. Sampling Procedure In order to obtain test results prior to completion of liner installation, samples shall be cut by the Installer as the seaming progresses. A destructive test must be done for each welding machine used for seaming or repairs. Sampling times and locations shall be determined by the Engineer. The Engineer must witness the obtainment of all field test samples and the Installer shall mark all samples with their location roll and seam number. The Installer shall also record in written form the date, time, location, roll seam number, ambient temperatures, and pass or fail description. A copy of the information must be attached to each sample portion. All holes in the geomembrane resulting from obtaining the seam samples shall be immediately repaired. All patches shall be vacuum tested. 2. Size and Disposition of Samples The samples shall be 12 inches wide by 48 inches long with the seam centered lengthwise. The sample shall be cut into two equal length pieces, and given to the Engineer. 3. Field Testing The Installer shall cut six 1-inch wide replicate specimens from his sample and these shall be tested by the Engineer. The Installer shall test two specimens (four when possible for testing both tracks on dual -track fusion welded seams) for peel strength. All tests to be witnessed by the Engineer. To be acceptable, both test specimens must pass. Any specimen that fails through the weld or by adhesion at the weldsheet interface is a Non-FTB break and shall be considered a failure. 4. Independent Laboratory Testing The Engineer will package and ship all destructive seam samples to an independent testing Laboratory for determination and verification of all field shear and peel strengths. The test method and procedures to be used by the Independent Laboratory shall be the same used in field testing, where seam samples are 1 inch wide, and the grip separation rate is 2 ipm. The minimum passing criteria for independent laboratory testing are all three of the following: 01274707 GEOMEMBRANE LINER 02245 - 13 10/07 a. All seam samples tested in the peel mode must fail in FTB. b. At least four of five seam samples from each peel and shear determination must meet the minimum specified value. C. The average value from all five seam samples from each peel and shear determination must meet the minimum specified value. The above criteria apply to both tracks from each dual -track fusion welded seam before it is considered as passing. ALL FAILED LAB TESTS WILL BE PAID FOR BY THE INSTALLER. 5. Archive Samples The Installer will package and ship the remaining samples to the Engineer for archival. The samples shall include information that indicates where the sample was taken. 6. Procedures for Destructive Test Failure a. The following procedures shall apply whenever a sample fails the field destructive test: 1) The installer shall cap strip the seam between the failed location and any passed test location. 2) The installer can retrace the welding path to an intermediate location (at a minimum of 10 feet from the location of the failed test), at the Engineer's discretion, and take a small sample for an additional field test. If this test passes, then the seam shall be cap stripped between that location and the original failed location. If the test fails, then the process is repeated. 3) Over the length of seam failure, the Contractor shall either cut out the old seam, reposition the panel and reseam, or add a cap strip, as required by the Engineer. 4) After reseaming or placement of the cap strip, additional destructive field test(s) shall be taken within the reseamed area. The reseamed sample shall be found acceptable if test results are approved by the Engineer. If test results are not acceptable, this process shall be repeated until the reseamed length is judged satisfactory by the Engineer.. In the event that a sample fails a laboratory destructive test, then the above procedures shall be followed, considering laboratory tests exclusively. The Engineer will document all actions taken in conjunction with destructive test failures. F. Defects and Repairs All seams and non -seam areas of the geomembrane shall be inspected by the Engineer for defects, holes, blisters, undispersed raw materials, and any sign of contamination by foreign matter. Because light reflected by the geomembrane helps to detect defects, the surface of the geomembrane shall be clean at the time of inspection. The geomembrane surface shall be brushed, blown, or washed by the Installer if the amount of dust or mud inhibits inspection. The Engineer shall decide if cleaning of the geomembrane is needed to facilitate inspection. 1. Evaluation Each suspect location in seam and non -seam areas shall be non-destructively tested'as appropriate in the presence of the Engineer. Each location that fails the non-destructive testing shall be marked by the Engineer, and repaired accordingly. 2. Repair Procedures a. Defective seams shall be restarted/reseamed as described in these specifications. b. Small holes shall be repaired by extrusion cap welding. If the hole is larger than 3 inch, it shall be patched. 01274707 GEOMEMBRANE LINER 02245 - 14 10/07 i C. Tears shall be repaired by patching. Where the tear is on a slope or an area of stress and has a sharp end it must be rounded prior to patching. d. Blisters, large holes, undispersed raw materials, and contamination by foreign matter shall be repaired by patches. e. Surfaces of HDPE which are to be patched shall be abraded and cleaned no more than 15 minutes prior to the repair. No more than 10% of the thickness shall be removed. Patches shall be round or oval in shape, made of the same geomembrane, and extend a minimum of 6 inches beyond the edge of defects. All patches shall be of the same compound and thickness as the geomembrane specified. All patches shall have their top edge beveled with an angle grinder prior to placement on the geomembrane. Patches shall be applied using approved methods only. 3. Restart/Reseaming Procedures The welding process shall restart by grinding the existing seam and rewelding a new seam. Welding shall commence where the grinding started and must overlap the previous seam by at least 2 inches. Reseaming over an existing seam without regrinding shall not be permitted. 4. Verification of Repairs Each repair shall be non-destructively tested, except when the Engineer requires a destructive seam sample obtained from a repaired seam. Repairs that pass the non-destructive test shall be taken as an indication of an adequate repair. Failed tests indicate that the repair shall be repeated and retested until passing test results are achieved. Recording of Results: daily documentation of all non-destructive and destructive testing shall be provided to the Engineer by the Installer. This documentation shall identify all seams that initially failed the test and include evidence that these seams were repaired and successfully retested. 3.4 GEOMEMBRANE ACCEPTANCE The Installer shall retain all ownership and responsibility for the geomembrane until acceptance by the Owner. The surface of the geomembrane shall not have striations, roughness, pinholes, or bubbles and shall be free of holes, blisters, undispersed raw materials, or any contamination by foreign matter; except that if in the opinion of the Engineer the blemish will not adversely affect properties and use of the geomembrane, the Engineer may accept the geomembrane after sufficient laboratory test data are provided to support such acceptance, and further, provided all such testing is done at the - sole expense of the Installer. The geomembrane liner shall be accepted by the Owner when all of the following conditions are met: A. Installation is finished. B. Verification of the adequacy of all field seams and repairs, including associated testing, is complete. C. Written certification, including "as built" drawing(s), is provided by the Installer to the Engineer. D. Documentation of completed installation, including all reports is complete. E. Acceptance of "Geomembrane Liner Evaluation Report" by the TCEQ. 01274707 GEOMEMBRANE LINER 02245 - 15 .. , 10/07 END OF SECTION 01274707 GEOMEMBRANE LINER 02245 - 16 10/07 SECTION 02260 PROTECTIVE SOIL COVER PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Project Drawings. B. General Conditions of the Contract for Construction, and Supplementary Conditions. 1.2 SECTION INCLUDES A. Protective Soil Cover Specification. B. Protective Soil Cover Installation. 1.3 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ, 30 TAC Chapter 330 Texas Commission on Environmental Quality, Municipal Solid Waste Management Regulation TCEQ, Liner Handbook Liner Construction and Testing Handbook Published in accordance with 30 TAC §330.6, July 1, 1994 OWNER MSW Permit Owner's TCEQ MSW Permit 1.4 WEATHER LIMITATION Protective soil cover shall be constructed when the atmospheric temperature is above 35 degrees F. 'When the temperature falls below 35 degrees F, the Contractor shall protect all areas of completed protective soil cover by approved methods against detrimental effects of freezing. Areas of completed protective soil cover damaged by freezing, rainfall, or other weather conditions shall be corrected to meet specified requirements. Protective soil cover placement shall not occur on rainy days or when rain is imminent. 1.5 SUBMIT LIST OF ALL EQUIPMENT PROPOSED FOR USE IN PLACING AND MAINTAINING PROTECTIVE COVER. NO EQUIPMENT WILL BE ALLOWED WITHIN THE LIMITS OF THE LINER SYSTEM WITHOUT APPROVAL OF THE ENGINEER. Submit in accordance with Section 01300, Submittals, including equipment weight, ground pressure information, required lift thickness information, etc. Unapproved equipment operating on the floor of the liner system or the side slopes will not be allowed. 01274707 PROTECTIVE SOIL COVER 02260 - 1 09/07 PART 2 - PRODUCTS 2.1 MATERIALS Material used is a coarse sand that is stockpiled on site near the project limits. All material shall be free of debris and rocks larger than 2 inches in diameter. 2.2 EQUIPMENT A. Tracked equipment used to place soil cover on the horizontal portion of the liner system must be low ground pressure type (5.0 psi maximum track pressure). B. Equipment that exerts ground pressures of higher than 5.0 psi on the lining system will not be approved unless contractor can certify that these conditions can be met with a specific lift thickness of protective cover. Submit calculations to document the certification. C. Only low ground pressure equipment (< 5.0 psi) equipment will be allowed on the sideslope of the lining system. Submit list of equipment to be used on the sideslopes, including equipment weights, ground pressures, required lift thicknesses, etc. for Engineer approval prior to placing equipment on the sideslopes. It will be Contractor's responsibility to demonstrate that equipment used on the sideslopes will not damage the liner or cause a "sliding" failure. PART 3 - EXECUTION 3.1 STOCKPILING MATERIAL If necessary, materials shall be stockpiled in the manner and at locations designated. Prior to stockpiling, the storage sites shall be cleared, drained, and leveled by the Contractor. Approved material available from excavation or grading shall be stockpiled in the manner and at locations designated. 3.2 GRADE CONTROL The finished and completed protective soil cover shall conform to the grades, lines, cross sections, and dimensions shown. 3.3 LAYER THICKNESS The completed thickness of the protective soil cover shall be as indicated. Protective soil cover will be placed such that the top surface, during spreading operations, is a minimum of 2-feet above the geocomposite material. 3.4 COMPACTION Compaction control is not required; however, it should be stable for construction and disposal equipment. 3.5 THICKNESS CONTROL The thickness of the select -material subbase course shall be measured at intervals providing at least one measurement for each 5,000 square feet or major fraction thereof of protective soil cover. The thickness measurement shall be made by survey. The Contractor will provide survey control during 01274707 PROTECTIVE SOIL COVER 02260 - 2 09/07 i 1_ construction. The Owner will provide final thickness survey after Contractor notifies owner protective soil cover has been placed and ready for verification survey by Owner. Any areas of inadequate thickness requiring a resurvey will be done at Contractor's expense. Maximum tolerance shall be +0.2-foot over the 2-foot soil cover thickness. 3.6 PLACEMENT Contractor will take measures to protect the completed liner system after installation is complete. No portion of the liner system will remain exposed for more than 15 days after installation is complete and the system has been accepted by the Owner and the Engineer. Place the protective cover material with machinery that, in the opinion of the Engineer, will not damage any portion of the liner system or leachate collection system or cause "sliding" of the lining system or any part of the system. Equipment used to place the protective cover must not exert a ground pressure load greater than 5 psi on the liner or leachate collection system and must be approved by the Engineer prior to utilization on the system. 3.7 MAINTENANCE The protective soil cover shall be maintained in a satisfactory condition until accepted. END OF SECTION 01274707 PROTECTIVE SOIL COVER 02260 - 3 09/07 APPENDIX A SOIL AND LINER QUALITY CONTROL PLAN -I ATTACHMENT 10 WIL AND LINER 0 UALITY CONTROL PLAN (SLQcp) Soil and Liner Quality Control plan Geosyrithetic Clay Liner .f 7 5.1 Genera This section covers the work necessary to construct and test the geosynthatic clay liner (GCL) system which will consist of natural bentonite clay supported by geotextiles, 5.2 Submittals The Contractor will submit written certification by the GCL Manufacturer that the materials conform to the requirements of the SLQCP; are similar and of the some characteristics as that for which certification is submitted; and has been demonstrated by actual usage to be satisfactory for the intended application. The GCL Manufacturer and the Contractor each will submit a complete description of a quality control program, as applicable, for manufacturing, handling, installing, testing, repairing and providing a completed GCL system In accordance with the SLOCP. The description will include, but not be limited to, sodium bentonite suppiler, product identification, acceptance testing, fabrication and production testing, installation testing, documentation of changes, alterations and repairs, retests and acceptance, The Contractor will submit installation drawings, description of Installation procedures, and a schedule for performing/completing the Work. Installation drawings will show a GCL panel layout with proposed size, number, position, and sequence of placing of all panels and indicating the location of all field seams. City of Lubbock IDA - 1 March, 1996 MSWLF Permit Modifications Revised Installation drawings will also show complete details and/or methods for anchoring the lining atthe perimeter, field seaming techniques, and proper sealing around pipes and structures. The Contractor will submit a complete description of procedures for performing field seams and repairs. The procedures will conform to the latest procedures recommended by the lining Manufacturer and to the SLQCP. The Contractor will submit for approval by the Engineer certification that the surface(s) on which the lining will be placed is acceptable. Installation of the lining will not commence until this certification is furnished to the Engineer. The GCL Manufacturer will furnish a written material warranty on a prorata basis for a period of twenty (20) years. The warranty will be against manufacturing defects or workmanship and against deterioration due to ozone, ultraviolet or other normal weather aging. The warranty will be limited to replacement of material only, and will not cover installation of said material. It will not cover damage due to vandalism, acts of animals or unusual acts of God. For needle - punched GCL's, the manufacturer will verify that the GCL has been continuously inspected for the presence of broken needles using a metal detector and found to be needle -free. The Contractor will furnish a written guarantee that the entire liner constructed by him to be free of defects in material and workmanship and installed pursuant to the SLQCP for a period of two (2) years following the date of acceptance of the Work by the Engineer. During the 23rd month, a pre -guarantee expiration inspection will be conducted to identify any necessary repair work covered by the guarantee. The Contractor will agree to make any repairs or replacements made necessary by defects in materials or workmanship in the Work which become evident within said guarantee period. The Contractor will make repairs and/or City of Lubbock toA - 2 March, 1995 MSWLF Permit Modifications Revised replacements promptly. Otherwise, the Owner may do so, and the Contractor will be liable to the Owner for the cost of such repairs and/or replacements. 5.3 Quality Assurance Prior to start of work, the GCL Manufacturer and the Contractor, each, will submit for approval by the Geotechnical Professional, documented evidence of their ability and capacity to perform this Work. The GCL manufacturer must demonstrate they have successfully manufactured a minimum of one (1) million square feet of similar lining material in solid waste containment structures. The Contractor must demonstrate they have successfully installed a minimum of one (1) million square feet of sirnifar lining material in solid waste containment structures. The Contractor can meet these criteria by teaming with a subcontractor who is identified in the bid along with the firm's experience. The Contractor will submit the name and qualifications of the field project superintendent that will be on the project. The field project superintendent must be on site whenever lining materials are being handled/installed. The Contractor will also submit names and qualifications of senior installation personnel assigned to the project. The Quality Control Plan(s) to be implemented for the Work by the lining Manufacturer and the Contractorwill be in accordance with applicable paragraphs of the SLQCP. The Manufacturer will provide on -site technical supervision and assistance at all times during installation of the lining system. The Manufacturer and Contractor, as applicable to each, will submit for approval by the Geotechnical Professional written certification that the lining system was installed in accordance with the City of Lubbock 10A - 3 Match, 1995 MSWLF Permit Modifications Revised Manufacturer's recommendation, the SLQCP, project specifications and drawings, and approved submittals. The Geotechnical Professional will initiate a pre -installation meeting with the Manufacturer and Contractor prior to installation of the lining system. Topics for review/discussion will include, as a minimum, project plans and specifications, approved submittals and training, and qualification procedures for Contractor personnel. Prior to installation of the lining system, the Contractor will instruct the workmen of the hazards of installation and use of equipment. Work gloves, safety glasses, hard hats, and smooth -soled shoes are minimum safety wear requirements when working on the GCL. Safety shoes must be worn when handling heavy objects. 5.4 Deff_ve y, Storage and Handffng The Contractor will submit for approval by the Geotechnical Professional a method(s) for handling and storage of lining materials) which have been delivered to the project site. These materials will be stored in accordance with the Manufacturer's recommendation. GCL materials will be delivered to the site wrapped individually in relatively impermeable and opaque protective covers. Upon delivery, the lining materials will be inspected for damage, unloaded, and stored with a minimum of handling. Materials will not be stored directly on the ground. The storage area will be such that all materials are protected from water, mud, soil, ultraviolet light, dirt and debris. The stacking of lining will not be higherthen five rolls or as recommended by the manufacturer. City of Lubbock 10A - 4 March, 7995 MSWLF Permit Modifications Flevised Under no circumstances will the GCL be subjected to materials, sandbags, equipment or other items dragged across its surface. All damaged surfaces resulting from abuse of any kind caused by the Contractor in performance of the Work will be repaired at the Geotechnical Professional's direction. The Contractor will be completely responsible for shipping, storage, handling and installation of all lining materials in compliance with the SLQCP. 5.5 Products The Geosynthetic Clay Liner (GCS.) materials will be new, first quality products designed and manufactured specifically for the purposes of the Work and will have been satisfactorily demonstrated by prior use to be suitable and durable for such purposes. The GCL sheets will consist of natural bentonite ciay material, supported by geotextiles. GCL material to be used on slopes exceeding 7 horizontal to i vertical will be reinforced to provide additlanai internal shear strength. The internal shear reinforcing mechanism will resist failure due to thread pull-out over long-term creep situations. Bentonite used for sealing penetrations and making repairs will consist of the same natural bentonite as the GCL sheets and will be as recommended by the manufacturer. 5.5.1 Bentgnite The bentonite used to manufacture the GCL will be a sodium montmorillonite $ variety. The manufacturer must provide certified bentonite quality control tests for the following tests. City of Lubbock i0A . 5 March, 1996 MSWLF Permit Modifications Revised TABLE 1 BENTQNITE MATERIAL �. ,. �,. =••.f4 (1ifY;< Y££w:.x rD,<.r:'.},9::i 3'} S° i f Y� ...�,°.4i�'. ui�M <r;;:>•r:f R.}` ( < t i<.S !LtXi ia`z34"':jCjD£"f' : � (� 1 �y +9 i�y� f« "i .'�13F;1''.•ty n£t>i:}•::' li<ix>� 4r �i }R':T; k4vi. 1 i""W,�"'>.' < )Fx l�l� 1'�^y' >�f;I.. 4jI� �! f3tfr Free Swell USP-NF.Xvll 18 ruin. ml 1 /100,000 ft.2 Fluid Loss API 13A113B 18 max. mi 1110£3,000 ft., 5.5.2 Geotextile The geotextiles used in the manufacture of the GCL will be either a woven, nonwoven or a combination of each. The manufacturer must provide certified quality control tests for the following tests. TABLE 2 GEOTEXTILE MATERIAL �a a xet� a$"�"iry it t%<fexi�•a �> ��fs •�" ;.}'•. $sill � �t �tCtr�,+t�p2 �$< < "#�Ye arsx¢x� $.f$»ix> ak wC'x�aKox34�' <�e<w+�� �� ige"zf i.<eyY";. a.e �v�f' f1 < ' �tv 9 irx7[�<q>'x 3wiis >9e farY:<�"<3?"s"£1"$3>�Y >3i. �6xf 3i b .. o } %<>xe ea. i "^3[' #` 3 . $xa�. .. Woven Mass/Unit Area ASTM D 5261 3.0 min oz/yd2 11100,000 ft.2 Nonwoven Mass/Unit Area ASTM D 5261 6.0 min oz/yd2 1/100,000 ft.2 Woven Grab Tensile ASTM D 4632 100 Ibs T/100,000 ft'x Nonwoven Grab Tensile ASTM D 4632 140 Ibs 11100,000 ft.2 5.5.3 composite Material The GCL liner will be constructed such that the bentonite will not be displaced during handling, transportation, storage and installation including cutting, patching'and fitting around penetrations. Time final GCL product will be tested in accordance with the following tests shown in Table 3. The minimum sampling frequency will be as shown in Table 3. City of Lubbock 10A - & March, 1995 MSWLF Permit Madifications Revised .J TABLE 3 COMPOSITE MATERIAL te• .aaz<, "..:3nS:iiR .•i `xiti??•.ii y`i - ^>.ts. � .< �Y: :L.Sa,.�e4:i:'.iSe>�•x.Xi<=='� i<!'" i<� i vF.x,; . .tr ":..jySe ^it <:::qci xt '�� _ t �::,�:,... ;"$;i�;.iz,:,. Si-' .;48..: �� +�.A . ^ 'x'i'iyr a >1 •i�'vC:r'' Sx€;tx;,;s>L,.K,.3.a.^,'` . �� F S"^' 4`Bfi�GtX:'S .^Sit x ^��.. ' .9Ass,•`'• `'>• R"s• � •2. tX .. 5 Pxey •"t�>;r.�;,,; E;•x<>��i�e •>r 1, "3. <s S�C��+6"4]{x„" d,x4; .> ,xt�i.^a E,.^. ��, ,txaa<r, a{;n. •'2 FY.i x' ,rt�<t 3"" S ..,">.? S.i d"xaII�IR:w: :h s:x.' .t••.c.. %1e aKirY. i- ?$Y:R.Y Clay Mass/Unit Area ASTIVI D 5261 (1) 0.8 psf 1140,000 ft.2 Water Content ASTIVI D 2216 -- % 1140,000 ft.z Permeability (5 psi) GRI-GCL-2 5,0x10"9 cm/sec (2) max Grab Tensile ASTIVI D 4632 90 ' Ibs, 1120%000 ft.2 (1) Based on 1050 C (2) One per week per production line 6.6 Installation PjQQedureo Prior to installation of the GCL, a site inspection will be conducted by the Geotechnical Professional and the Contractor to verify measurements, structures and surface conditions to support the GCL, The Contractor will provide written documentation to the Geotechnical Professional that surfaces to receive the GCL have been Inspected and are acceptable for installation of the lining. The subgrade surface must not contain any rocks greater than 3/4" in size or as recommended by the manufacturer. All earth subgrade surfaces will be rolled with a smooth wheel roller and maintained in a smooth, uniform, and compacted condition during installation of the lining. Excessive Cracking (defined as cracks of at least one (1) inch in depth and at least twelve (12) inches in length) of the surfaces will be repaired as directed by the Geotechnical Professional. Immediately prior to installation of the lining, any erosion or other damage to the subgrade which has occurred since completion of the earth work will be corrected. Adequate drainage of the subgrade will be provided and maintained Cfty of Lubbock 10A - 7 March, 1995 MSWi_F Permit M"fiMions Revised LL until installation of the lining is completed. Rutting of the subgrade by vehicular traffic will be repaired by additional blading followed by steel wheel compactor. Before GCL placement, the Contractor will inspect all lining materials for damage from transit. Materials that cannot be repaired will be rejected and removed from the work area and site. During unwrapping of lining materials for use and placement, the Contractor will visually inspect all materials, particularly thin spots in the body of the GCL due to shifting of the bentonite, for imperfections and faulty areas. All such defective places will be marked and repaired in accordance with approvers methods. The GCL will be installed as shown on the project plans and approved installation drawings. Placement of the GCL will be done such that good fit, without bridging, is provided on all covers and grade changes. Excessive slack will be avoided to minimize rippling. Sheets of GCL materials will be of such lengths and widths and will be placed In such a manner as to reduce field seams to a minimum. No horizontal seams will be allowed on slopes, exceeding 7 horizontal to 1 vertical. GCL will be anchored in accordance with details shown on approved plans and drawings. The lining will be sealed at structures, pipes and other types of penetrations by applying additional granular bentoniter at a rate recommended by the manufacturer. Sheets will be overlapped one (1 ) foot at leachate collection sumps, and an extra layer of GCL material will be placed at the bottom of leachate collection sumps. All changes in approved installation drawings and procedures must be approved by the Geotechnical Professional. City of Lubbock 14A - 8 March, 1995 MSWLF Permit Modifications Revised Extreme care will be taken during installation of the lining to be certain no damage ' is done to any part of the lining. The fallowing rules will be observed by Contractor: + Dragging of the GCL material on the subgrade will be avoided. * Smoking by installation. personnel will be prohibited. • All handling and installation procedures will be performed by workers wearing shoes with smooth soles. • No foot traffic will be allowed on the GCL except with approved shoes. 0 No vehicular traffic will be allowed on the lining. +� No gasoline driven generators or cans of gas or solvent will be placed directly on the lining material. • Under no circumstances will the lining be used as a work area to prepare patches at to store tools and supplies. If needed, a tarpaulin of approved material will be spread out as a work area. During installation, the Contractor will be responsible for protecting the lining against adverse effects of high winds such as uplift. Sand bags will be used as required to hold the lining material in position during installation. Sand bags will be sufficiently close-knit to preclude fines from working through bottom, sides or seams. Paper bags, whether or not lined with plastic, will not be permitted. Burlap bags, if used, must be lined with plastic. Bags will contain not less than 40, nor more than 60 pounds of sand having 100 percent passing a number S sieve and will be tightly tied after filling with plastic ties. Bags that are split, torn, or otherwise losing their contents will be immediately removed from the work area and any spills immediately cleaned up. Metal or wire ties will not be used. The GCL will not be installed under adverse climatic conditions, unless the Contractor can demonstrate that the installation techniques adequately compensate for such adverse conditions and quality of workmanship is not City of Lubbock IOA - 9 March, 19955 M$WLF Permit Modifications Revised compromised. Adverse climatic conditions occur when the relative humidity is more than 80 percent; when is it raining or times of impending rain; or when there is frost on the ground; or during conditions of excessive winds. The GCL will not be placed in the presence of surface moisture of on ponded water. GCL which becomes hydrated prior to being covered must be replaced, GCL field seams will be lap seams as recommended by the manufacturer. The overlap distance will be marked on both sides of the GCL with water proof markings. The tap seams will be formed by lapping the edges of GCL sheets to the manufactured match line. Dry bentonite will be added to the overlap at a minimum rate of/• pound per linear foot or as recommended by the manufacturer if the GCL has non -woven geotextile encasement. No horizontal field seams will be allowed on the slope and sheets of lining material on the slopes will extend down slope out onto bottom a minimum of five (5) feet from toe of slope: Any necessary repairs to the GCL will be made by placing a patch of the same material extending at least twelve 0 2) inches beyond the flaw or damaged area. Granular bentanite will be added to the overlapped area at a rate of at least 1/4 pound per linear toot. Approved adhesive maybe used to keep patches in place during placement of overlying materials. Cleanup within the work area will be an ongoing responsibility of the Contractor. Particular care will be taken to insure that no trash, toots, and other unwanted materials are trapped beneath the lining. Care will be taken to insure that all scraps of lining material are removed from the work area prior to completion of the installation. The installed GCL will be inspected for needles or other foreign objects which could result in damage to the overlying membrane. City of Lubbock IOA - 10 March, 1995 VIMF Permit Modiffcatfons {ievised Upon delivery of the GCL material, test samples will be taken by the Oeotechnicai Professional. Samples will be randomly selected roils. The selected roll will be sampled then rewrapped and placed in the protected stockpile area. Samples will be cut from the full width of the roll and three S3) feet in length. One complete outer revolution of GCL will be cut and discarded prior to taking the sample. Each sample will be identified by recording the following: • Manufacturer's name • Product Name • Lot and Roll Number +. Machine Direction Noted with Waterproof Marks Note: A lot is defined as a group of consecutively numbered rolls from the same manufacturing line. Each sample will be tested for the following properties shown in Table 4. TABLE 4 SITE CONFORMANCE TESTS p yy���qq 6ON <.`�•�i� i%a% xmi wa �fi�;tt0i e�.3%di.�i .�e.o0.t�i #'%' 3fa4A&i%w xxs of %fbe �'` }EI.iA iYv:vi% > Hx A� �t}} )Wily:%�4 'o- �p�,jr�7 .�`{x �j 'x"` �{ ' i�.$^ Q%`XS as 'ixe xR: sear{'.. ,. (L�:4 \4�t tF<.ce. zi xi fe.�r 1sET..e : ...t w8k$ j �L@:°r,Tfgc; g>�<•y{ i%"ji Tt. rit �.t'�xdSatl Permeability i5 psi) GRI-GCL-2 5.Ox10r" cmisec 1/100,000 ft2 max Clay Mass/Unit Area"} ASTM D 5261 0.8 min psf 1 /100,000 ft2 Direct Shear (internal) ASTM D 5321 22 degrees one Direct Shear (Interface) ASTM D 5321 22 degrees (2) (1) Based on 1051 C (2) Once per sail type . All test results should meet or exceed manufacturer's test results. City of Lubbock 10A - 11 March, 1995 MSWLF Farrrtit Modifications Revised The Contractor will retain responsibility for the integrity of the GCL system until acceptance by the Geotechnical Professional. The GCi_ will be accepted by the Geotechnical Professional when: ' aj Written certification letters including "as built" drawings, have been received by the Geotechnical Professional. b) Installation is completed. 0 Documentation of completed installation, including all reports, is complete. d) Verification of adequacy of field seams and repairs is complete. Acceptance of the completed work will include receipt of all submittals and all work completed to the satisfaction of the Geotechnical Professional. City of Lubbock I OA - 12 March, 1995 MSWLF Perenit Modifications Revised PARKHILL, SMITH & COOPER, INC. ENGINEERS ■ ARCHITECTS - PLANNERS f' LUBBOCK ELPASO i MIDLAND AUSTIN Project r-uoG�.t. �'ISVti7lr �- Joh No, al- 2L 7 pate Calc. By �40 Ck. lay=2Sheet I of _ '_ ..... _. .. ._._ f. ..._ _.—•__-. _ .. _. ....... .... E-�fJy.71t 5Pr.. 1.�'6�A U�.' _ _ - -•. _ .. _ _.•_ __ . . i; catpy So. .:... .. .. to [La. S?-u''C : a._..._�ke.r=-trK{�:77�s._.._. Crt4►-� I '�f` l"YL••.. L C-*—. G,., _ t,+��r.•:.�.zX i?.Sr:.Yo'fam-}i A -ill .7 i �J'��`cr•C i�:pr"(. ,n:.... e.l� r. !s•.t :..7:.G• fL�T4.�C` i ;':�. !'J{„t':•. j �' /i1Kl %: �7! •,'S^-4 .:i-='C•L : Iv'tn_ 5+.��C.0 t" I / PARKHILL, SMITH & COOPER, INC. ENGINEERS • ARCHITECTS + PLANNERS LUBBOCK ELPASO MIDLAND AUSTIN Project 1-4 y I'Q'r 1L• V! V V31 L Ott, Job No, a -, rani ;" Celt. By.. r:A 4- Ck, By Sheet _ of t.I }i.: iiM1titS,r,�, ��LTYr !r �1Lti �l L���• _ � - I L I+ �:.vt. �tW-f ;. t�• sr� Oi f+l.. br,. r: 1;tQY I- K'trn i f.. tojoi' s;r �E19} ll�y.. li {yDv�Th� ! ✓C yY,1i�i.;I+:ti:� �'� OT. 1�5 I5, 6-#- rj 1 — r-rz&j f%'A V'Attkrji.V fy1 4 f i�nc�L4 (10 L-t44 [1 ZS.ftY„h..i�C�:I►rtrodt� t31ll Go':A'tair 1 6'L9o-'r7wL • • --• -'�-- - • - - = - -. _ .. _ _. J_.^..L_ _._ � _..._. ... _ _� r .. - ---.-�h.l....... s`.•.?__ .. r � �'fr .�--- L;'r_a r.. ti. ti.4_�.. �Y ....... , _ :....=��-=:rtitit� �f.(4. :1�t?L.r.�..i�4• L.:i•i�..__.�5..�. �1rs�.:t,�rfi ��1� �.-�;.0 ZVV rl V --- --- - •--•—•---�.._ ..,._.. _L.irLi'��_,_ �.Qy•`+.__�tt.�_.__.d6iG��`���:�,.c�� �"= -- �u�ith1it ._....'►+�=Yk . .... .. ' � � , _ , �.J• :ram - • - •.. ( � V�G, .. yllt.t-. �1 ,1'�'., •\ f•� i.'1 I�. �ii: .11 t1i\KJ� g : a = IQ 4.6 \ "' PARKHILL, SMITH & COOPER, INC. ENGINEERS a ARCHMECTS ■ PLANNERS LUBROCK r:LPASO MIDLAND AUSTFN Project lsei Job No.07l`1R Date 4, Calc• 9Y l�ti� _._ Ck. BY "T� j Sheat � of Fri,_:.�_• �." 'ram. � _ I � l i 1 • j a f+ � ` � �•_ � S , ram, • M A ' f, ��� 4'�ftTV."L{.li I`�'�P fl�xS�Cyl�6�I.�dt-I�r. •�•�l j3� J f • - _•16 • ce.,er aa,t, fill, , ? P. . ... .1•- _. _.�.. .. .. .. .!.rrl, I--,`c....,.�� 1. _. , rLA7�.7 L j PARKHILL, SMITH & COOPER, INC. Project.Lu+b1�•oal� , ��, _ ENGINEERS a ARCHITECTS PLANNERS LU130OCK EtLPASO JobN., r�i- Lfai t-;1;7 Date 0Q "_4 /5c:r MIDLAND AUSTIN Cale_ By _Aik ., Ck, By Sheet {r of ck1Lit q') .- cj i Rwu2' tniJCI'��: [�(+�, i w �..: ... i . . .r]'Y` ( h. ?t, �, 2$7S, t �_j _� ,; _ . �+-�'rlt+Ti?ti,. ;�:•-.G�`L __ v��� t ""1G1t -J � - �' G'�6_, _ _ � - , _... • Y . ..r.:i.: I -'��Yt'' �i�T'�t'�•"J°�'.�� ,Y,` Lcvw GZ■- '� r! - ,Iy �OxZ jYlg. iTr T+�T'G' �.ty����.,, � . •�' 1 i —� T , i - it • • . it t•"��M�• u- T;17 ' f 645,4 ATTACHMENT 10 SOIL AND LINER QUALITY CONTROL PLAN TABLE OF CONTENTS Section Rase 1.0 INTRODUCTION ... . ................ ...................... , 1 1.1 General..............................................1 1.2 Definitions ............................................ 2 2.0 CONSTRUCTED CLAY LINER ................................. 4 2.1 General . .... .. ................................... 4 2.2 Preliminary Sampling and Testing Procedures .................. 5 2.2.1 Imported Natural Clays .............................. 5 2.2.2 On -Site Soils Enriched with Sentonite ................... 6 2.3 Sampling and Testing of Constructed Clay Liners ................ 7 2.3.1 Density and Moisture Content .......................... 2.3.2 Sieve Analysis and Atteroerg Limits ..................... 8 2.3.3 Coefficient of Permeability ........................... 8 2.3.4 Thickness Verification ............................... 9 2.4 Construction of Liners Using Imported Clays ................... 9 2.5 Construction of Liners Using tan -Site Soils Enriched with Bentonite .. 11 3.0 FLEXIBLE MEMBRANE LINER (FML) ............................ 12 3.1 General.............................................12 3.2 Submittals........... .................. ........,...12 3.3 Quality Assurance ..................................... 14 3.4 Delivery, Storage and Handling ............................ 16 3.5 Products ............................................ 16 3.6 Installation Procedure ................................... 19 3.7 Field Quality Control ....:........... .......... ......... 23 4.0 LEACHATE COLLECTION SYSTEM ............................. 28 5.0 ' PROTECTIVE SOIL COVER .................................. 33 6.0 MARKING AND IDENTIFYING OF EVALUATED AREAS .............. 34 7.0 SLER, FMLER, AND CONSTRUCTION DOCUMENTATION .. - _ - ....... 35 City of Lubbock 104 August 1994 MSWLF Permit Modifications Revised 1.0 Introduction 1.1 General This Soil and Liner Quality Controi Plan (SLOCP) presents engineering and quality control requirements for construction for the Lubbock landfill composite lining system. The SLQCP shalt be used in conjunction with the Site Development Plan Attachments and final construction drawings and specifications. The SLQCP shall address the following, A Quality Assurance Program and the Quality Assurance Procedures to be implemented during the composite liner construction including field observation, laboratory and field testing, and acceptance criteria for constructed work. ■ Recording and documenting procedures to demonstrate that the constructed composite liner meets the requirements of project plans and specifications. Lines of communication, responsibilities and role of Quality Assurance team and other related project personnel, Report submittals required by the Texas Natural Resource Conservation Commission (TNRCC). City of Lubbock MSWLF Permit Modifications 10-1 August 1994 Revised I I 1.2 Definitions This' section provides the definitions for terms used in this SLQCP. "Quality Control" - Actions taken by the FME. manufacturers and FML contractor to ensure that the geosynthetic materials and workmanship meet the requirements of project plans and specifications. "Qualify Assurance" - Actions taken by the Geotechnical Professional (GP) to assure conformity of the liner system production and installation with the Quality Assurance Plan, drawings and specifications. QA is provided by a party independent of installation. "Work" -All tools, equipment, supervision, labor and material or supplies necessary to complete the project as specified herein and as shown on the plans. "Gecasynthetics" A generic classification givers to synthetic (man-made plastic) materials used in geotechnical engineering applications. Included are flexible membrane lining, geotextiles, geonets, geogrids, geocomposites and geocells. For the City of Lubbock. Landfill, geosynthefts is used to refer to FML, geosynthetic cushion, and geotextiles. "Flexible Membrane Lining (FML): - Essentially an impermeable synthetic material used as an integral part of a lining system. It is sometimes referred to as a geomembrane, sheet or parcel. On this project, the FLAIL will consist of a High Derisity Polyethylene (HDPE) material. "Geotextile I - A permeable synthetic textile used with soil, rock, sand, gravel or any other similar materials as an integral part of the composite lining system. It provides protection to the FML as a geosynthetic cushion and also serves as a filter interface between two types of soil materials. City of Lubbock MSWLF Permit Modifications 9 4-2 August 1994 RevisedI-. "Manufacture r' - Firm(s) responsible for the production of FML and geotextile from resift. "Earthwork Contractor" -The firm responsible for subgrade preparation and clay liner construction under the FML installation. The firm may also be responsible for placing protective cover and granular drainage materials over the installed fining system, "F1VIL Contractor' - The firm responsible for handling, storing, placing, seaming, and other aspects of the installation of the FML, geosynthetic cushion and geotextiles as a part of the composite lining system. "Geotechnical Professional" (GP) - Person(s) of firm(s) authorized by the Owner to manage and oversee the execution of the work. The Geotechnical Professional is also responsible for observing, testing and documenting activities related to liner quality assurance during the installation of the lining system, and for issuing the final report. All completed work is subject to approval of the Geotechnical Professional. "Owner" - The City of Lubbock "Qualified Engineering Tschnician" - The representative of the Geotechnical Professional who is NICET - Certified in Geotechnical Engineering Technology at Level 1 or nigher, an engineering technician with .a minimum of four years of directly related experience or a graduate engineer/geologist with one year of direbtly related experience. "Quality Assurance Laboratory" - The firm responsible for conducting tests an clay liner and geosynthetic samples taken from the site. The laboratory shall be independent of the Owner, Manufacturer, Lining Contractor and any party involved City of Lubbock 10-3 August 1994 MSWLF Permit Modifications Revised N with the manufacture and/or installation of any of the geosynthetics. "Protect Pians and Specifications" - All project related plans and specifications including design modifications and "as -built" plans. "project documents" -All contractor submittals, construction plans, "as -built" plans, construction specifications, QA plan, safety plan and project schedule. 2.0 Constnicted Clay l finer 2.1 Genera! This section covers the work to construct and test the constructed clay liner. Prior to Brier construction, the landfill grid coordinate system should be established in and around the construction area. The markers should be visible to personnel in the construction area (see Section 6). The minimum constructed clay liner thickness, measured perpendicular to the surface being lined, will be two feet including the sumps. The surface of the finished clay liner should be smooth rolled with a flat wheal roller and kept moist prior to installation of the flexible membrane liner. New liner sections should be properly fled back into previous liner sections to ensure continuous liner coverage. For excavation surfaces With a slope of 3 Horizontal to 1 Vertical (3H:IV) or flatter, liner construction may utilize lifts parallel to the surface. For excavation surfaces that have steeper than 3HA V slopes, linings should be placed in successive horizontat soil lifts; however, such lifts must be sufficiently wide to safety accommodate both the construction equipment and the related placement and compaction operations. City of Lubbock MSWLF Permit Modifications 10-4 August 1994 Revised 2.2 Preliminary Sampling and Testing Procedures 2.2.1 Imoorted Natural Clevs Preliminary soil sampling and testing will be performed on nature imported to the landfill before they are used for construction Addifional tests will be performed if the soil characteristics ar Only clayey soils which meet the minimum requirements of a cc permeability of no more than 1.0 x 10'7 cmisec., a liquid limit of n 30, a plasticity index of no less than 15, and percent passing No of no less than 30 will be used for liner construction. _ Composite samples wits be obtained by collecting equal volumes ' a number of locations within the soil source. if soil charac terls to ohange within the stockpile, one composite sample will be ob- M., each soil type. Samples will be sealed, labeled, and delivc laboratory for evaluation. The laboratory will test each sample for Atterberg Limits, pera the No. 40 and 200 sieves, and the moisture -density relationshi procedures to be used are ASTM D4318, ASTNI D422 and X reapeatively. Once the maximum dry density and the optimum moisture content of the soil samples have been determined,. a sample will be compacted to 96 percent of the maximum compacted dry density at the optimum moisture content, or wetter, as necessary to meet density requirements. A ['airing Head permeability test (Appendix VII of the Corps of Engineers Manual, EM1110-2-1905, May 1, 1980, or more current version, Laboratory Soils Testing) will then be performed on this sample. A Constant Head permeability test (ASTM D5084 or EM 1110 2-1906, Appendix VIl) may be used as an alternative. The permeant fluid must be tap water or water with City of Lubbock 10-5 August 1994 MSWLF Pemvt Modifications Revised a 0.05N solution of CaSO4. The maximum acceptable coefficient of permeability value shall not be greater than 1.0 x IC cmfsec or less. When a coefficient of 1.0 x 10 7 cmisec is achieved, the density value of the compacted sample and Its optimum moisture content are considered the minimum acceptable for checks of that liner material during construction. In no instance will the percentage of compacted Standard Proctor Density be less than 95 or the moisture content be less than optimum_ 2.2.2 On site Soils Enriched with Bentonits Samples of the raw on site soils shall be initially tested in the laboratory for Atterberg Limits, particle size analysis, coefficient of permeability using either failing or constant head tests, and the moisture density relationship using the test methods described above. The bentonite shall be from a source approved by the City of Lubbock. Preliminary laboratory testing of the enriched an site material must begin with the addition of a known percentage of bentonite to the raw soil. Two percent, by dry weight, is the recommended additive starting point, with the percentage of bentonite increased as needed to reach the desired coefficient of permeability. Once the material is thoroughly mixed with a !Known percentage of bentonite, a sample must be tested for Atterberg Limits, particle size analysis, coefficient of permeability using either falling or constant head tests, and the moisture -density relationship. A moisture -density relationship (ASTM D 098-78) must be developed for a known percentage of bentonite by dry weight. once the maximum density and optimum moisture content have been established, a test sample suitable for running of the appropriate permeability test shall be prepared at 95% of the maximum dry density at or above the optimum moisture City of Lubbock MSWLF Permit Moditicatims t" August 1994 Revised content. After the sample is prepared, it must be hydrated for a period of 24 to 48 hours with tap water prior to testing for the coefficient of permeability. The coefficient of permeability must not be more than 1.0 x 10'r cmisec. In addition, the bentonite-enriched material must have a liquid limit of no less than 30, a plasticity index of no less than 15, and percent passing No, 200 sieve of no less than 30. 2.3 Samolina and Testing for Constructed Clay Liners Each sidewell and floor area must be separately evaluated unless the two areas are constructed in a continuous monolithic fashion. All soil samples will be visually inspected for compaction planes, permeable zones, poor compaction, or other problems and to determine soil type. Any liner sections not meeting the minimum standards on the first test will be reworked or replaced and retested, until they do meet the minimum standards. All test and sample locations will be identified by lift number and landfill grid coordinates on a drawing of the construction area. 2.3.1 Density and Moisture Content For parallel lifts, one test per each 5,000 square feet, or less, of surface area of lining for each 6 inches of depth (but no less than. 3 density tests per 6 inch lift), For horizontal lifts, one to&t for each I OQ lineal feet for each 12 inches of thickness. The test locations will be evenly distributed across each lift being tested. Any area appearing to be of questionable quality will be tested instead of, or in addition to, the area previously planned for testing. Test procedures for determining moisture -density relationships in the laboratory will utilize ASTM D 698 (Standard Proctor density). The density obtained in the field must be at least 95 percent of the Standard City of Lubbock I U-7 August 1994 MSWLF Permit Modifications Revised Proctor value with a moisture content at or above optimum. Sections of compacted soil liner which do not pass the density and moisture requirements small be reworked and retested until the section in question does pass. All holes created for density machine probes shall be backfilled with a mixture of liner material and dry powdered bentonite. 2.3,2 Sieve Analysis and Atterberc Limits Bulk samples will be collected for analysis to determine the Atterberg limits and the percent passing the No. 40 and 200 slaves. For parallel lifts, a minimum of one test sample for each 100,000 square feet of surface per lift, or major fraction thereof, but no less than one test per 6 inch lift of parallel liner. For horizontal lifts, a minimum of one test per2,000 lineal feet per 12 Inches of horizontal liner. Test procedures to be followed in the laboratory will be ASTM 0422 for Sieve Analysis (+40, +200, and -200) and ASTM D431 g, for Atterberg Limits. The liner soil must have a liquid limit of no less than 30, a plasticity index of no less than 15, and percent passing No. 200 sieves of no less than 30. 2.3.3 Coefficient of Permeability Undisturbed samples of the constructed liner. will be collected for permeability testing. These samples will be collected using a 3-inch or larger diameter sampling device. The void left by the sampling device will be backfilled with a mixture of liner material and powdered bentonite. For parallel lifts, a minimum of one test sample for each -100,000 square feet of surface per lift, or major fraction thereof, but nu less than one test per 6 inch lift of parallel liner. For horizontal lifts, a minimum of one test per 2,000 lineal feet per 12 inches of horizontal liner. Each sample shall be City of Lubbock 1©-8 August 1994 MGVVLF Permit Modifications Revised tested in the laboratory using a Falling head procedure (Appendix VIl of the Corps of Engineers Manual, EM11'1-2-1906, Laboratory Soils Testing, 4r more recent version), or a Constant Head procedure (ASTM D 5084 or EM 1110-2-1906, Appendix VI I). The permeant fluid must be tap water or water with a 0.06N solution of CaSO4, The litter coefficient of permeability must not exceed 1 x 10'? cm/sec, 2.3.4 Thickness Verification Elevation of grid points taken before and after clay placement with field surveying equipment shall be used to determine constructed liner thickness. Elevations will be taken at a minimum of one, per 5,000 square feet of surface area or major fraction thereof. If the lined area under evaluation is less than 5,000 square feet, a minimum of two reference points are required for verification. Probe holes that disturb finished clay liner may not be used to determine thickness. 2.4 Construction of Liners Using Imported Natural' Clays Placement of clay liners shall be performed in accordance with the following guidelines: 1. Prior to placement of clay liner material, the subgrade in the bottom and side wall (3 Horizonal to I Vertical slope or flatter) areas should be brought within design lines and grades and then be scarified to a depth of approximately six inches. All rocks, foreign objects and organic material shall be removed. The scarified soils should be recompacted to at least 95 percent of Standard Proctor density at or above optimum moisture content. This recompacted section is not park of the constructed liner section. City of Lubbock 10-9 August 1804 MSWLF Permit Modifications Revised 2. All soil liners must be constructed in compacted layers or lifts using a maximum loose lift thickness of eight inches (6-inch nominal compacted thickness), layers may be formed by utilizing equipment which will spread the material as it is dumped, or the layers may be formed by spreading or blading from piles or windrows previously dumped from excavating or hauling.equipment in such amounts that the material is evenly distributed. Water Used for sprinkling must be clean and shall not have been in contact with solid waste or other objectionable matter. Water required to bring the material to the moisture content necessary for maximum compaction should be sprinkled evenly at the bottom of each lift so as to achieve a uniform moisture content throughout each lift. The liner soil material shall contain no rocks or stones larger than one inch or have more than 10 percent rock by weight. The maximum clod size will be approximately one inch in diameter. 3. Each constructed soil lift, or layer of liner, must not exceed eight inches of loose depth, and must be compacted to at least 96% Standard Proctor maximum dry density at or above the optimum moisture content. Each lift shall be compacted with a pad/tamping-foot or sheeps-foot roller. The lift thickness shall be controlled so that there is total penetra#ion through the loose lift under compaction into the top of the previously compacted lift; therefore, the compacted lift thickness must not be greater than the pad or prong length. This is necessary to achieve adequate bonding between lifts and reduce seepage pathways. Adequate Gleaning devices must be in place and maintained on the compaction roller so that the prongs or pad feet do not become clogged with clay soils to the point that they cannot achieve full penetration during initial compaction. The footed roller is necessary to achieve bonding and to reduce the individual clods and achieve a blending of the soil matrix through its kneading action. In addition to the kneading action, weight of the compaction equipment is City of Lubbock 10-10 august 1994 MSWLI= Permit Modifications Revised i Important. When using ASTM D(398 (Standard Proctor) density, the minimum weight of the compactor should be 1500 pounds per linear foot of drum length, and a minimurn of eight passes is recommended for the compaction process. 2.5 . Construction of Liners Using On Site Soils Enriched with Bentonite Liner construction may utilize on site soils enriched with bentonite. Bentonita shall be added to the on site soils in a pugmill or equivalent operation to ensure continuous supply of quality liner material. A general guideline for placement of the soil admixture is discussed below. 1. Prior to placement of clay liner material, the subgrade in the bottom and side wall (3 Horizonal to 1 Vertical slope or flatter) areas should be brought within design lines and grades and then be scarified to a depth of approximately six inches. Alf rocks, foreign objects and organic material shall be removed. The scarified soils should be recompacted to at least 95 percent of Standard Proctor density at or above optimum moisture content, This recompacted section is not part of the constructed liner section. 2. All soil liners must be constructed in compacted layers or lifts using a maximum loose lift thickness of eight inches (6-inch nominal compacted thickness). Layers may be formed by utilizing equipment which will spread the material as It is dumped, or the layers may be formed by spreading or blading from plies or windrows previously dumped from excavating or hauling equipment in such amounts that the material is evenly distributed, Water used for sprinkling must be clean and shall not have been in contact with solid waste or other objectionable matter. Water required to bring the material to the moisture content necessary for maximum compaction should be sprinkled evenly at the bottom of each lift so as to achieve a uniform City of Lubbock 10-11 August 1994 MSWLF Permit Modifications Revised moisture content throughout each lift. The liner soil material shall contain no rocks or stones larger than one inch or have more than 10 percent rock by weight. The maximum clod size will be approximately one inch in diameter. 3. The soil admixture shall be compacted with a paditamping foot or sheeps- foot roller to a minimum density of 95% of the Standard Proctor maximum dry density established in the laboratory at or above optimum moisture content. The admixed soil should be laid and compacted in layers not exceeding six incites in thickness. 3.0 Flexible Membrane Unina fFML) 3.1 General This Section covers the work necessary to construct and test the flexible membrane lining (FML) system, which will consist of a 60 mil Nigh Density Polyethylene (HOPE) material. The overall objective is to provide an effective lining system at the completion of the work, 3.2 Submittals The Contractor shall submit written certification by the lining Manufacturer that the lining materials conform to the requirements of the SLQCP; are similar and of same formulation as that for which ceriifcation is submitted; and has been demonstrated by actual usage to be satisfactory for the intended application. The_ lining Manufacturer and the Contractor, each, shall submit a complete description of its quality control program, as applicable, for manufacturing, handling, instafling, testing, repairing and providing a completed lining in accordance with requirements of the SLQCP. The description shall include, but not be limited to, polymer resin supplier, product identification, acceptance testing, fabrication and production testing, installation testing, documentation of changes, City of Lubbock 10-12 August 1994 MsWLF Permit Modifications Revised alterations and repairs, retests and acceptance. The Contractor shall submit installation drawings, description df installation procedures, and a schedule for performing/completing the Work. installation drawings shall slow a lining sheet layout with proposed size, number, position, and sequence of placing of all sheets and indicating the location of ail field seams. Installation drawings shall also show complete details andlor methods for anchoring the lining at its perimeter, making field seams, and making anchorstseels to pipes and structures. The Contractor shall submit for approval by the Engineer samples of lining material(s) and field seams prior to start of construction. The Contractor shall submit six (6) B inches x 10 inches samples of lining material(s) and six (5) samples of field seams. The field seam samples shall be fabricated by the Contractor using the same materials, equipment and procedures for the lining. Samples shall measure 12 incises plus seam width in width and 18 inches in length. The samples shall be numbered and dated. The Contractor shall submit a complete description of welding procedures for making field seams and repairs. The welding procedures shalt conform to the latest procedures recommended by the lining Manufacturer and to the SLQCP_ The Contractor shall submit for approval by the Engineer certification that the surface(s) on which the lining will be placed is acceptable. Installation of the lining shall not commence until this certification is furnished to the Engineer: The lining Manufacturer shall furnish a written lining material warranty on a prorata basis for a period of 2D years. The warranty shall be against manufacturing defects orworkmanship and against deterioration due to ozone, ultraviolet or other City of Lubbock 10-13 August 9 994 MtSWLF Permit Modifications Revised normal weather aging. The warranty shalt be limited to replacement of material only, and shall not cover Installation of said material. It shall not cover damage due to vandalism, acts of animals or unusual acts of God. The Contractor shall furnish a written guarantee that the entire lining work constructed by him to be free of defects in material and workmanship and installed pursuant to the 5I_QCP for a period of two (2) years following the date of acceptance of the Work by the Engineer. During the 23rd month, a pro -guarantee expiration inspection will be conducted to identify any necessary repair work covered by the guarantee. The Contractor shall agree to make any repairs or replacements made necessary by defects in materials or workmanship in the Work which become evident within said guarantee period. The Contractor shall make repairs and/or replacements promptly, the Owner may do so, and the Contractor shall be liable to the Owner for the cost of such repairs and/or replacements. �. 3.3 Quality Assurance Prior to start of work, the lining Manufacturer and the Contractor, each, shall submit for approval by the Geotechnical professional documented evidence of its ability and capacity to perform this Work. Each shall have successfully manufactured and/or installed a minimum of two (2) million square feet of similar lining material. in solid waste containment structures. The Contractor can meet these criteria by teaming with a subcontractor who is identified in the bid along with the firm's experience. The Contractor shall submit the name and qualifications of its project superintendent that will be on the project whenever lining materials are being handledlinstalled plus the names and qualifications of senior installation personnel on the project. City of Lubbock 10-14 August 1994 MSWLF hermit Madirications Revised The Quality Control Plan(s) to be implemented for the Work by the lining Manufacturer and the Contractor shall be in accordance with applicable paragraphs of the SLQCP. The Manufacturer shall provide on -site technical supervision and assistance at all times during installation of the fining system. The Manufacturer and Contractor, as applicable to each, shall submit for approval by the Geotechnical Professional -- written certification that the lining system was installed in accordance with the Manufacturer's recommendation, the SLQCP, project specifications and drawings, and approved submittals. The Geotechnical Professional will initiate a pre -installation meeting with the Manufacturer and Contractor prior to installation of the lining system. Topics for review/discussion shall include, as a minimum, project plans and specifications, approved submittals, training and qualification procedures for Contractor personnel, i and demonstration of making a field welded Seam(s) including peel and shear tests. Prior to instalation of the lining system, the Contractor shall instruct the workmen of the hazards of installation, such as handling sheets of lining material in high winds; use of equipment, application of solvents, adhesives and caulks; and walking on fining surfaces. Work gloves, safety glasses, hard hats, and smooth - soled shoes are minimum safety wear requirements when working on the FIV1L. Safety shoes must be worn when handling heavy objects. The Geotechnical Professional shall have authority to order an immediate stoppage of work because of improper installation procedures, safety infractions, or for any reason which may result in a defective liner. City of Lubbock i0-15 August 1994 MSWLF Permit Modificailons Revised 3.4 Delivery, Storage and Handling The Contractor shall submit for approval by the Geotechnical Professional a m ethod(s) for handling and storage of lining material(s) which have been delivered to the project site. These materials shall be stored in accordance with the Manufacturer's recornmendation. Lining materials delivered to the site shall be inspected for damage, unloaded, and stored with a minimum of handling. Materials shall not be stored directly on the ground. The storage area shall be such that 211 materials are protected from mud, soil, dirt and debris. The stacking of lining shall not be higher than two rolls. Under no Circumstances shall the lining be subjected to materials, sandbags, equipment or other items being dragged across its surface. Nor shall workmen and others slide down slopes atop the lining. All scuffed surfaces resulting from abuse of any kind caused by the Contractor in performance of the Work shall be repaired at the Geotechnical Professional's direction. The Contractorshall be completely responsible forshlpping, storage, handling, and installation of all lining materials in compliance with the SLQCP. 3.5 Products The High Density Polyethylene (HDPE) lining materials shall be new, first quality products designed and manufactured specifically for the purposes of the Work and shall have satisfactorily demonstrated by prior use to be suitable and durable for such purposes. The flexible membrane shall be an unmodified HDPE containing no plasticizers, fillers, chemical additives, reclaimed polymers, or extenders. For ultraviolet resistance, the FML material shall contain not less than 2.0 percent carbon black as determined by ASTM D 1603. The only other compound ingredients to be added to the FML resin shall be anti -oxidants and heat stabilizers City of Lubbock MSINLF Permit Modiffcations IGAs August 1994 Revised required for manufacturing. The FML shall be supplied as a single ply continuous sheet with no factory seams and in rolls with a minimum width of 15 FT. The call length shall be maximized to provide the largest manageable sheet for the fewest field seams. The FML lining materials shall be as manufactured by Gundle Lining Systems, Inc., Houston, Texas; Poly -America, Inc., Grand Prairie, Texas; National Seal Company, Galesburg, Illinois; SLT North America, Inc., Conroe, Texas, or approved equal. Prior to use, the FML materials shall be certified in writing by the Manufacturer to meet the minimum typical physical property values described in Table A. Alternate manufacturer's brands with slightly different physical properties may be approved by the Gectechnical Professional. The certificate should include roll identification number, testing procedure and test results. Test results are required for every 50,000 ff of rML shipped to site. TABLE A HDPE PROPERTIES Property Test Method Smooth HOPE Values Textured HDPE Values Thickness (Mil*10%) ASTM D 5199/1593 60 60 Specific Gravity ASTM D 1505 0.94 0.94 Carbon Stack Content (°%a Wn) ASTM D 1603 2-3 2-3 Carbon Black Dispersion ASTM D 3015 A-1, A 2, or B-1 A-1, A--2, or U-1 Me[t Flow Index, (max.) (gMO minutes) ASTM D 1238 Condition E 1_{1 1.0 City of Lubbock 10-17 August 1994 MSWLF permit Modificatons Revised Tensile Properties ASTM D 638 (Each Direction) Type IV Specimen 1, Tensile Strength bumb bell @ 2 ipm At Break (lb/in width) 228 132 At Yield Qbtin width) 132 132 2. Elongation At Break (Percent) 750 200 At Yield (Percent) 12 12 Tear Resistance (Ibs min) ASTM D 1004 45 45 Puncture Resistance (Ibs min) FTM Stud 1 a1 C IDS 108 Method 2065 Low TemperaturefBritiieness ASTM 0 746 -60 -80 (IF) Procedure B Dimensional Stability ASTM D 1204 2 t 2 (Each Direction, % change 100°C 1 HR max) Resistance to Sail Burial ASTM D 3053 using (Max % change, original ASTM D 638 Type value) IV 1. Tensile Strength Specimen 0 2 ipm At Break & Yield # 10 t 10 2. Elongation At Break & Yield t 10 10 Environmental Stress Crack ASTM D 1693 200 200 (Min Hrs) Condition C (100°C) Water Absorption ASTM D 670 0.1 0.1 (Max % wt change) Coefficient of Linear Thermal ASTM D 696 2 x 10-4 2 x 104 Expansion (crn/cm'G) Hydrostatic Resistance (ps) ASTM d 751 400 350 Method A-1 MoTsture Vapor Transmission ASTM E 96 0.02 0.02 max. (gtm2 day) Index Friction (0) GRI GS-7 --- 40* Banded Seam Strength, ASTM D 4437 132, FT8* (Jess than 10% Into (lb/in) seam) peel Adhesion ASTM E7 4437 Fusion (Ibrin) 90(FTB') 90(F-TB") Extrusion (Ibfrn) 78(FTi3") 78(FTB+) 'Film -Tear Bond City of Lubbock 10-18 August 1994 MSWLF Permit Modifications Revised In addition to the manufacturer's quality control certificates, samples of the ' delivered rolls of geomembrane will be obtained for conformance testing. upon delivery of the rolls of geomembrane, the test samples shall be obtained for conformance testing in accordance with the schedule in Table B or as specified in the construction specifications for the project, if greater. TABLE B Geomembrane Conformance Test Schedule TEST METHOD FREQUENCY Thickness ASTM D 761/1593 Leading edge of each geomembrane roll Density ASTM D 70211505 f~!°t less than I test per 100,004 ft� with not less than one per resin lot Minimum of 4 tests required. Carbon black content ASTM ¢ 16p3 Carbon black dispersion ASTM D 3015 Tensile Properties ASTM it 638 Puncture resistance ASTM a 4833 Tear resistance ASTM a 1004 Extrusion resin used for fusion welding with extrudate to make field seams between FML sheets and for repairs shall be HDPE produced from and the same as the HDPE sheet resin. Physical properties shall be same as HDPE lining sheets, 3.5 Installation Procedures Prior to installation of the FML, a site inspection will be conducted by the Geotechnical Professional and the Contractor to verify measurements, structures and surface condifiorts to support the FML. City of Lubbock MSWLF Permit Modirwations 10-19 August 1984 Revised The Contractor will provide written documentation to the Geotechnical Professional that surfaces to receive the FLAIL. have been inspected and are acceptable for installation of the lining. All earth subgrade surfaces will be maintained in a smooth, uniform, and compacted condition during installation of the lining. Excessive cracking (defined as cracks of a least I" in depth and at least 1' in length) of the surfaces wig be repaired as directed by the Geotechnical Professional. Immediately prior to installation of the lining, any erasion or other damage to the subgrade which has occurred since completion of earth work will be corrected. Adequate drainage of the subgrade will be provided and maintained until installation of the lining is completed. No vehicles will be permitted to travel the completed subgrade. Before the work begins, the Contractor will inspect all lining materials for damage from transit. Materials that cannot be repaired will be rejected and removed from the work area and site. During unwrapping of lining materials for use and placement, the Contractor will visually inspect all materials, particularly surfaces of lining sheets, forimperfections and faulty areas. All such defective places will be marked and repaired in accordance with approved methods. The FML, will be installed as shown on the project plans and approved installation drawings. Placement of the FML. will be done such that good fit, without bridging, is provided on all covers and grade changes. Excessive slack will be avoided to minimize rippling during the soil cover operation. Sheets of FML. materials will be of such lengths and widths and will be placed in such a manner as to reduce field seaming to a minimum. The lining will be anchored in accordance with details shown on approved plans and drawings. The City of Lubbock 10-20 August I994 MSWLF permit Modifications Revised lining will be anchored and sealed to structures* pipes and other types of penetrations, (if any), in accordance with details shown on approved plans and drawings. All changes in approved installation drawings and procedures must be approved by the Geotechnlcal Professional. Extreme care will be taken during installation of the lining to be certain no damage is done to any part of the lining. Dragging of the FMl_ material on the subgrade will be avoided. Smoking by installation personnel will be prohibited. All handling and installation procedures will be performed by workers wearing shoes with smooth soles. Shoes with soles that have patterns in relief shall be prohibited. No foot traffic will be allowed on the FM!_ except with approved shoes. No vehicular traffic will be allowed on the lining. All motor driven equipment using fuel will have spark arrestors. No gasoline driven generators or cans of gas or solvent will be placed directly on the lining material. Under no circumstances will the lining be used as a work area to prepare patches or to store tools and supplies. If needed, a tarpaulin of approved material will be spread out as a work area. During installation, the Contractor will be responsible for protecting the lining against adverse effects of high winds such as uplift. Sand bags will be used as required to hold the lining material in position during installation. Sand bags will be sufficiently close-knit to preclude fines from working through the bottom, sides or seams. Paper bags; whether or not lined with plastic, will not be permitted. Burlap bags, if used, must be lined with plastic. Bags will contain not less than 40, nor more than 60 pounds of sand having 100 percent passing a number 8 screen and will be tied closed after filling, using only plastic ties. Bags that are split, torn, or otherwise losing their contents will be immediately removed from the work area and any spills immediately cleaned up. Metal or wire ties will not be used. The FML material will not be installed under adverse climatic conditions, unless the Contractorcan demonstrate that his installation techniques adequately compensate _..J City of Lubbock 10-21 August 1994 _. MSWLF Permit Modifications Revised I for such adverse conditions and quality of workmanship is not compromised. i Adverse climatic conditions occur when the air temperature measured 6 Inches above the FML surface is less than 320F and decreasing, or more than 900F; when the relative humidity is more than 80 percent; when it is raining; or when there is frost on the ground; or during conditions of excessive winds. FML field seams will be lap seams as shown on approved plans and drawings. The lap seems will be formed by tapping the edges of FML sheets a minimum of 4 inches. The contact surfaces of the sheets will be wiped clean to remove dirt, dust, moisture, and other foreign materials. For fillet weld seams, bevel edge of FML and clean oxidation from surfaces to receive extrudate by disk grinding or equivalent not more than one hour before seaming. Lap seam intersections involving more than 3 thicknesses of lining material will be avoided, and all seam intersections will be offset at least 2 FT. No horizontal field seams will be allowed on the slope and sheets of lining material on the slopes will extend down slope out onto bottom a minimum of 5 FT from toe of slope. Field seams between sheets of FML material will be made using approved fusion welding systems, equipment and techniques. Approved fusion welding systems include fillet weld using extrudate, lap weld using extrudate, and tap weld using single or double wedge welder. If the wedge welder is used, the free edge of the seam of the top sheet will be removed without affecting the integrity of the seam. Any necessary repairs to the FML will be made with the lining material itself, using approved fusion welding systems, equipment and techniques. The patch size will be 4 inches larger in all directions than the area to be patched. All corners of the patch will be rounded with a 7 inch minimum radius. City of Lubbock 14-22 August 1894 MSWLF Permit Modifications Revised All seams and seals of the FML will be tightly bonded on completion of the work. Any lining surface showing injury due to scuffing or penetration by foreign objects or showing distress will be replaced or repaired as directed by the Geotechri€cal Professional. Cleanup within the work area will be an Ongoing responsibility of the Contractor. Particular care will be taken to insure that no trash, tools, and other unwanted materials are trapped beneath the lining. Care will be taken to insure that all scraps of lining material are removed from the work area prior to completion of the installation. 3,7 Field Quality, Control Inspection and testing will involve the full time observation of the installation of the FML, including the making and testing of lining seams and patches and periodic measurement of the liner material thickness to insure compliance. Test seams will be made to verify that adequate conditions exist for field seaming to proceed. Each reamer will produce a test seam at the beginning of each shift to determine the peel and tensile strength of the seam. The Geotechnicai Professional may require a sample field seam be made at any time during seaming production to verify equipment/operator performance and seam integrity. In addition, if a seaming operation has been suspended for more than 112 hour or if a breakdown of the seaming equipment occurs, a test seam will be produced prior to resumption of seaming operations. During the field seaming operation, representative, non-destructive samples will be made for field seams by the Contractor. These samples wig be made of the same HDPE sheet and fusion weld materials using the same installation procedures as the FML installation itself. Samples will have a width of 12 inches plus the seam City of Lubbock 14-23 August 1994 MSWLF Permit Modifications Revised width and length of 36 inches. A minimum of one sample per crew each morning and each afternoon, will be made. Ali field seams will have a film tear bond in peel and shear and a minimum pounds per inch width seam strength in shear when tested as specified in Specifications. Sample testing will be conducted by an independent testing agency paid for by the Owner. The independent testing agency will save all test samples iricluding specimens tested unfit notified by the Geotechnical Professional relative to their disposal, All specimens which have failed under test will be shipped immediately by express delivery to the Geotechnical Professional for determination of corrective measures to be taken. During the field seaming operation, destructive samples will be removed from field seams by the Contractor at locations selected by the Geotechnical Professional. Repairs to the field seams will be made in accordance with repair procedures specifier) in these Specifications. A minimum of one stratified sample per 500 feet of field seam will be made. Ali field seams will have a film tear bond in peel and i shear and a minimum pound per inch width seam strength in shear when tested as specified in the SLQCP. A sufficient amount of the seam must be removed in order to conduct field testing, independent laboratory testing, and archiving of enough material in order to retest the seam when necessary. Field testing shall include at least two peel tests (four when possible for testing both tracks on dual - track fusion welded seams). independent laboratory testing shall consist of five shear tests and five peel tests (ten when possible for both tracks of dual -track fusion welded seams). Destructive seam -testing locations shall be cap -stripped and the Gap completely seamed by extrusion welding to the FML. Capped sections shall be non-destructively tested. Additional destructive test samples may be taken if deemed necessary by the Geotechnical Professional or his representative. All field-tested samples from a destructive -test location must be passing in both shear and peel for the seam to be considered as passing. The independent City of Lubbock 10-24 August 1994 MSVVLF Permit Modifications Revised laboratory testing must confirm these field results. The passing criterion for independent laboratory testing Is that four of five samples must pass in shear and four of five must pass in peel (four of five samples from each dual track fusion welded seam, when possible to test each seam, must be passing) before the seam is considered as passing. The manufacturer's sheet -strength values must be provided. The independent testing agency will save all test samples including specimens tested until notified by the Geotechnical Professional relative to their disposal. All specimens which have failed under test will be shipped immediately by express delivery to the Geotechnical Professional for determination of corrective measures to be taken. All specimens tested of a field weld sample by the independent testing agency will pass. If any specimen fails, the entire sample will be considered as a failure, and the field weld will be rejected. In this event, the field seam(s) will be rejected as 1 non-conformance with the SLQCP and corrective measures will be implemented. For nondestructive samples which have failed, corrective measures will include a rerun of the weld test using the same sample. If the second test passes, the Geotechnical Professional may assume an error was made in the first test and the field seam accepted. If the second test falls, the Contractor will cap all field seems represented by the failed sample and a new test sample submitted for retest. The decision of the Geotechnical Professional will be final. For destructive samples which have failed, corrective measures will include a rerun of the weld test using the same sample. If the second test passes, the Geotechnical Professional may assume an error was made in the first test and the field seam accepted. If the second test fails, the Contractor will reconstruct all the field $earns between any two previous passed seam locations which include the City of Lubbock 10-26 August 1994 MSWLF Permit Modifications; Revised failed seam or will go on bath sides of the failed seam location (10 feet minimum), take another sample each side and test bath. If both pass, the Contractor will reconstruct the field seam between the two locations. If either falls, the contractor will repeat the process of taking samples for test. In all cases, acceptable field seams must be bounded by two passed test locations. The decision of the Geotechnical Professional will be final. In the event capping of a field seam is required, the Contractor will use a cover strip of the same thickness as the lining (and from the same roll, if available) and of 6 inches minimum width. It will be positioned over the center of the field seam and welded to the lining using a fillet weld each side. All FML sheets, seams, anchors, seals, and repairs will be visually inspected by the Contractor for defects. In addition, all seams and repairs will be further checked by a metal probe. Depending on seam welding equipment used, all seams and repairs will be tested by a vacuum testing device, a spark testing device and/or air pressure. A visual inspection of the lining sheets, seams, anchors and seals will be made by the Contractor as the installation progresses and again on completion of the installation. Defective and questionable areas will be clearly marked and repaired. Final approval of repairs will be given by the Geotechnical Professional. The Contractor will run a metal probe, such as a dull -pointed ice pick, along the length of all seams and repairs to insure that the seam is continuous and absent of leak paths. Defects will be clearly marked and repaired. If the fillet weld, extrusion lap weld or single hot -wedge fusion lap weld is used to weld seams, the Contractor will further test all seams and repairs in the FML by vacuum box. All vacuum box testing will be done in the presence of the City of Lubbock 99-26 August 1994 MSINLF Permit Modifications Revised Geotechnical Professional. The area to be tasted will be cleaned of all dust, debris, dirt and other foreign matter, A soap solution will be applied to the test area with a paint roller and the vacuum of 10 inches Mercury (t-Ig) will be induced and held at least ten seconds to mark for repair any suspicious areas as evidenced by bubbles in the soap solution. If the fillet weld is used to weld seams, the Contractor will further test all seams and repairs in the FML by using a high voltage spark detector. The setting of the detector will be 20,000 volts. in order to conduct this test, all seams to be tested will be provided with not less than gauge 24-30 copper wires properly embedded in the seams and grounded. All spark testing will be done in the presence of the Geotechnical Professional. All defective areas will be marked for repair. If the double hat -Waage is used, the Contractor will further test all seams in the FML by using the air pressure test which consists of inserting a needle with gauge in the air space between welds. Air will be pumped into space to 30 psi and held for 5 minutes, if pressure maintains 26-30 psi, seam is acceptable. If pressure drops, the outside weld edge will be sprayed with a soap solution and visually examined for bubbles. If no bubbles appear, the problem is with the inside weld and the seam is acceptable. If any bubbles appear, the defect will be repaired by extrusion welding and tested by vacuum box. All costs of retesting of the FML including reruns of field weld tests and all repairs will be at the Contractor's expense, The,Contractor will retain responsibility for the integrity of the FML system until acceptance by the Geotechnical Professional, The FML will be accepted by the Geotechnical Professional when, a) Written certification letters including "as built" drawings, have been received by the Geotechnical Professional. City of Lubbock 10-27 August 1994 MSWLF Permit Modifications Revised b) Installation is completed. c) Documentation of completed installation, including all reports, is complete. d) Verification of adequacy of field seams and repairs, including associated testing, is complete. Acceptance of the compiated:work will include receipt of all submittals and all work dompleted to the satisfaction of the Ceotechnical Professional. 4.0 Leachate Collection System A leachate collection system (LGS) will be placed above the Flexible Membrane Liner. In the floor area, the LCS will consist of a minimum 1-foot thick continuous granular drainage layer with embedded leachate collection pipes in the sump and pipe trench areas. The leachate collection pipes will consist of six Inch diameter pipe with 112 inch diameter holes on six inch renters. To avoid piping losses into the collection pipes, the r' granular drainage layer shall consist of rounded, river -run gravel meeting the requirements of ASTM C-33 for coarse aggregate. Crushed material will not be acceptable. The gravel should meet the gradation requirements of Size No. 67 (Nominal size 314 inch to No. 4) or coarser. In addition, the gravel will have a permeability of 1 x 10 x cmfsec or greater and the percent of calcium carbonate by weight will not exceed 15 percent. A 12-ounce non -woven geotextiie cushion (Nicolon S1600 or equivalent) will be placed between the FML and drainage layer. A minimum 6-ounce non woven geotextile filter (Nicolon S Series or equivalent) will be placed between the drainage layer and the protective cover discussed in Section 5.0. The geotextile materials will be hand placed. The drainage layer material will be placed in small segments starting from the perimeter, followed by the upper geotextile and protective cover. This operation should continue across the lined area. Placement of granular drainage materials over FML's will generally not proceed at ambient temperatures below 32°F or above 104°F, but should be conducted at the coolest part of the day to minimize the development of wrinkles or folding of the geosynthetic materials. A minimum of one foot of material is required City of Lubbock 90-28 August 1994 MSVVLF Permit Modifications Revised . between low ground pressure dozers (i.e. track pressure less than 5 psi) and the goomembrane. Greater material thickness must be maintained above the geomembrane to support heavier spreading equipment and hauling vehicles. In such cases, a minlmum of 2 feet of drainage material thickness will be used unless otherwise specified in the design. The placement of the LCS will be controlled to avoid damage to the liner; however, the drainage layer does not need to be density controlled. Granular drainage materials will be selected to meet the specifications described above. At least one set of pre -construction tests will be conducted for each drainage media from each proposed source. Gravel and sand sources will include a complete grain -size analysis, including Minus No. 200 Sieve, by ASTM D 422. Hydraulic conductivity may be correlated from the grain -size distribution to determine the gravel's or sand's suitability. Granular drainage materials selected for use will be tested at regular intervals for conformance during construction. Minimum testing frequency will be one grain -size analysis for every 3,000 cubic yawls, or portion thereof, for each material being used. i The required thickness of drainage materials will be verified by survey methods on an established grid system with not less than one verification point per 5,000 square feet of surface area. The geotextfie materials will include a 12-ounce cushion on top of the FML and a minimum 6-ounce filter fabric on top of the granular drainage layer. Both fabrics will be non -woven materials meeting the requirements described In Table G. Manufacturer's certificate of materials and performance characteristics will be obtained and documented for every 100,000 ft� of material delivered to the site. City of Lubbock 10-29 August 1994 MSWLF Permit Modifications Revised 1 TABLE C GECTEXTILE PROPERTIES Property Test Method Test Value Fitter Cushion Fabric Weight (ortyd) ASTM 3776 6 oz. 12 oz. Thickness (mils) ASTM D1777 135 185 Grab Tensile Strength (lbs)(MOXD)l ASTM 04632 1901205 4251455 Grab Elongation (74)(MD/CD)' ASTM D4632 80/80 60190 Puncture Resistance (ibs) ASTM D4833 130 245 Permeability (cmisec) ASTM o 4491 0.57 0.43 1. MD/CD = MD - Machine Direction/CD - Cross Direction I. In addition to the manufacturer's quality control Certificates, samples of the delivered rolls of geotextiles will be obtained for conformance testing. Upon delivery of the rolls of geotextiles, the test samples will be obtained for conformance testing in accordance with Table D or as specified in the construction specifications for the project, if greater, City of Lubbock 10-30 August 1994 MSWLF Permit Modificatlons Revised TEST METHOD FREQUENCY Thickness ASTM D 1777 Leading edge of each geotextile roil Fabric Weight ASTM D 3776 f Not Tess than 1 test per 1QO,000 fts Minimum of A tests required. Grab Tensile Strength ASTM D 463 Grab Elongation ASTM D 4632 Puncture Resistance ASTM D 4833 Permeability ASTM D 4401 On the landfill side walls, the LCS will consist of a heat bonded HDPE geonetlgeotextile drainage composite (geocomposite) hand placed on the FML. The geotextile will be bonded on .both sides of the geonet. Geonets will conform to the material and performance properties described in Table E below. Manufacturer's certificates of material arid performance characteristics will be obtained and documented for every 40,000 fe of material delivered to the site. City of Lubbock MSWLF Permit Madifications 10-31 August 1994 Revised 0 I TABLE E GEONET PROPERTIES Property Test Method Test Value Thickness (mils) ASTM 0 751 200 Mass per Unit Area (Ib/ftx) ASTM D 3776 (Option C) 0.16 Polyethylene Content°a -- 95 Density (black resin)(gfcc) ASTM D 1505 0.940 Carbon Black Content (%) ASTM D 1603 2.0 to 3.0 Melt Index (gl10 min.) ASTM D 1233 (Condition 190/216) 1.0 Tensile Strength (machine direction)(Iblin) `ASTMS D 1682 40 Transmissivity (Olsec) ASTM D 4716 1 x lo-3 In addition to the manufacturer's quality contra[ certificates, samples of the delivered rolls of geonet will be obtained for conformance testing. Upon delivery of the rolls of geonet, the test samples will be obtained for conformance testing in accordance with Table F or as specified in the construction specifications for the project, if greater. City of Lubbock MSWLF Permit Modifications f 0-K August 1994 Revised TABLE F 1 t GEONIET CONFORMANCE TEST SCHEDULE TEST METHOD FREQUENCY Thickness ASTM D 751 Leading edge of each geocamposite roll Mass per unit area ASTM D 3776 Not less than I test per 100.000 W with not less than one per resin lot. Minimum of 4 tests re uired. Carbon black content ASTM D 1603 Tensile Strength ASTM D 1682 Transmissivity L ASTM D 4716 The geotextile on both sides of the geonet will be a minimum 6-ounce non -woven material meeting the physical properties and conformance tasting described in Tables D and E above. Protective cover will be carefully spread on top of the geocomposite to avoid damage to the liner system. 5.0 Protective Cover A minimum 1-foot thick protective cover in the floor area and a minimum 2-foot thick protective cover on the side walls will be placed above the LCS. The protective cover may use gravels and sands with a USCS classification of GP, GW, SP, or SW. The maximum gravel size shall not exceed two inches. Silty sands (SIVI) or clayey sands (SC) may be considered if these materials can meet geotextile retention, clogging, and permeability requirements. Pre -construction and conformance testing for the protective cover soils will include Atterburg Limits and full gradation with a minimum conformance testing frequency of one grain -size analysis (ASTM D422) and Atter rg mit (ASTM D4318) per 5,000 cubic yards of in -place material. Protective cover does not require compaction control; however, it should be stable for construction and disposal traffic. Care will be exercised in placement so as not to shift, City of Lubbook 19-33 August 1994 MSWLF permit Modifications Revised a wrinkle or damage the underlying geosynthetic layers, and the placement methods will 4 be documented. Protective cover will be placed such that the top surface, while spreading, is a least 2 ft above the geosynthetic layers at all times, unless low ground pressure dozers are used (i.e. track pressure less than 5 psi). A greater thickness will be maintained to support loaded hauling trucks and trailers and for turning areas. drivers will proceed with caution when on the overlying sail and prevent spinning of tires or sharp turns. Protective cover will generally be placed in an up -slope direction for sidewalls as long as the same material is being used. Where the top few feet of sidewall (typically less than 5 feat vertically) is to be protected by a different soil type, such as clay for tying in the final cover soil liner, this material may be place from the top, if adequate care is taken to protect the synthetic liner components. The required thickness of protective cover will be verified by survey methods on an { established grid system with not Tess than one verification point per 5,001) square feet of surface area. 6.0 Marking and Idenfifving of Evaluated Areas Feed markers will be placed so that all areas for which Soil and Liner Evaluation Report (SLER) and Flexible Membrane Liner Evaluation Report (FMLER) have been submitted and approved by the TNRCC are readily identifiable, Such markers are to provide site workers immediate knowledge of the extent of approved disposal areas. Red markers will be steel or wooden posts and will extend at least six feet above ground level, Markers will not be obscured by vegetation and will be placed so that they are not destroyed during operations. Sufficient intermediate markers will be installed to show the required boundary. Lost markers will be promptly replaced. Limits of the evaluated area City of Lxbhock 10-34 A11911st 1994 3 MSWL.F Permit Modifications Revised r will be referenced to the site grid system. Markers will not be placed inside the evaluated area. 7.0 SL.ERL.FMLr=R and Construction Documentation Upon completion of all required liner construction and evaluation, the Ceotechnica.l Professional will prepare and submit both the Soil Liner Evaluation Report (SLER) and Flexible Membrane Liner Evaluation Report (FMLER) to the Commission for review and approval. These will be submitted along with a construction documentation report. Multiple submittals of the reports or documentation during the project may be made, if they may facilitate review of the project by the TNRCC. The SLER and FMLER will be signed and sealed by the Geotechnical Professional performing the evaluation and counter -signed by the site operator or his authorized representative. The construction documentation will contain a narrative describing the conduct of work ( and testing programs required by the SLQCP, "as -built" or record drawings, and appendices of held and laboratory data. Because the volume of data for these projects can be quite large, the documents may be subdivided for ease of review. The preferred document format will include the SLER, FMLER, narrative, as -built drawings, and summaries of test results in a single volume. The remaining appendices will be placed in accompanying volumes. SLERfFMLER submittals will include test documentation in a form as recommended in TNRCC technical guides. Specifically, the construction documentation report will contain or discuss the following information, at a minimum, for geomembrane liners: ■ Roll shipment and receipt information ■ Manufacturer's quality control certificates and results ■ Storage and handling information • Conformance test sampling and test results • Seamer's names and resume of experience and qualifications City of Lubbock 10-35 August 1984 MSWLF Permit Modifications Revised a Subgrade acceptance ■ Anchor trench preparation and backfilling a Panel deployment, identification and placement a Panel wrinkling, fishmouthing, and manufacturer's creases a Seam preparation, orientation and identification a Weather and ambient/sheet temperatures n Equipment placed or operated on geomembrane 0 100 percent visual inspection for defects, damage, etc. ■ Trial seam tests for each combination of seaming equipment and personnel 0 Seaming methods, times, temperature, equipment shutdowns and startups ■ Continuous 100 percent non-destructive seam testing, methods, criteria and results Destructive testing methods, criteria and results = Repairs, including preparation and procedures, failure delineation, patch size and shape, and retesting a Material properties and placement of drainage materials and protective covers The report will also include pertinent record drawings including; ■ Sectorized fill layout plan, R Location of the subject trench or cell with SLERIFIVILER markers, * Previous filled and active areas, a As -built panel layout drawings, snowing location of destructive test samples, patches and repairs, and ■ As -built drawings showing elevations of protective cover to confirm its thickness. City of Lubbock 10-36 MSWLF Permit Modifloations August 1924 revised lot its rAwflEMMAX 4WL.Awu&" %,=L%.0 orau PAGE 2/1 TR-408 COLLOID ENVIRONMENTAL TECHNOLOGIES COMPANY T5CH ICAL DATA SHEET BEN TOMA T DIRECT SHEAR 'TESTING SUMMARY Revised 8-30-53 1500 W. Shure Drive • Arlington Hetghu, f(i(nols 800044803 a (708) 392-5800 4 TeTez ITT 4330321 • FAX (708) 506.6150 A. WPnOl1y owned zubsidiary of American Collo6d Comoarry. The';nrmmation and dale contained herein are bellewd to be accurate and rellable. CUCO makes no v arramy of any kind and a=epts .o iesUunsibility for the Vt-,Ots ohtnined IhrMOnh 'Jnnlir'neinn .,f fhic ;,4- ..y.1- SUMMARY OF BENTOMAT DIRECT SHEAR TUT T DATA jah1 Pak jqtertge2 J & L 05-30-90 NW/Saud NW/Sand NW/Clay N WIC]ay STS 09-11-90 NW140-3n11 Text, H))PH NW180-mil Text, HDPE W180-mil Text. HDPR . J & L 11-06-90 NW/Sandy Sail Glu 04-19-91 Nrernat h w STS 0528-91 1 W/40-mi): Taxt. WPIS W/80-mil Text. HDPE UTA 8-12-91 Internal I & L 9-9-91 W/Soil Cover WI(leonet NW12B Stone TRY 5-6-92 W160--mil Text. VLDPE W160-mil Smooth VLOPE ` Norm.-dl Moisture Stresses fus11 Qnditioa3 11213 Hydrated 11213 Dry 11213 Hydrated 112l3 Dry 35152170 Dry 35 / 52170 Dry 55152 / 70 Dry 213.515 Dry 0.51112 / 5 ! 10120 Dry 0,1210.51 1/ 5 / 10 Hydrated 0,12 / 0.51 115110 Hydrated¢ 35 / 52 / 70 Hydrated 35152/70 Hydrated 6 ! 9114 / 19 Hydrated 0.611.2511. 98 Hydrated 0.6 / 1,2511.88 Hydrated 0.611.251 1,88 Hydralod 2 ! 8114 Hydrated 218 ! 14 s { Hydrated ear. Rate 0.02 irdmin w 9 r 0.2 inlnyl�t n 0.021tVmin 0.035 Wrairt Y r 0.2 in/rn1n U 0.02 mmlhr 0.035 it min M 0.04 in/win 19 Friction Ang 35 28 41 31 is 37 24 23 42 37 39 20 19 tV 22.5 17 53 22 _ 14 b V 33 TR1 11-12-92 W/40-mil Text, VLDPE 3.517114 Hydrated 0.2 intmW 25 M w GA. TRI GC SUMMARY OF BRNTOMA'T DIRECT SHEAR TESL` DATA (Continued) PAW Jnt 2 3-16-93 'WPfSaturated Soil WP/Dry Soil NWIDrabla,ge Gi:ocamposile 9-4-92 W160-mil Srhoodl HDPB Internal W/Drainage Geocomposhe WITemured HDPE 7-1-93 W130-mil PVC iVf30-mil PVC 9-28-93 1nEernal Ittitirrlul Normal 1120 1t2f3 1f21, 0.51112f 4110 0.51112/4110 0.5111214110 0.5 /112/ 4110 11315 1f315 0.35111213,5 0.51112/ 4110 MA -I ems: 1 1 do L � T & L Te ti ns Convity. lop-, C3nominug. PA (used a 3 inch Wykchwn Parma Otma rltear ,Iovice) 3T$�313 CAnsnlljnR )Ad., KoFikkook, IL (uaod a qudoan-mado MkohAw bum) GRI n GeoslrnAlie is Rt4cuch Iustltutr, Dmact UNireesily. HkIladelphla. YA (vsad b Wyksht+mTattranca &viev) UTA - Uoieetxity ad'twx a1 Austia. Civil lrealnaalag L%bugmory (easel a 2A-inch cAsodt shear box) M -TW Enviroaaswtal, too.. Auttity ^texas (used a 124uclt dIrcct shear kx) CA - QrilderAsbveiarce, Doom Culasm& (11 inch dLmel akcar box) 0C- GtuSA11oa1a, Crrorpla 14W - Non -woven admillilt. of Imulerm s. WO W Drra paotwetilc of i1 enlanal. WP - Woven gedeomule of FhmomJ4 pfilk. 4 3 'JNy =,amisio loafed in Ihaaa.jneelved a wbiure Nate, wJdd, is gp1ca1Jy 1.2pemoid. 'I Iydraled" =sanyrte was hy4rmad Fewr to Imdo1. attbegh the a rllltdhydhwlars atethP& tteti+ ffalidW yntX Sampies were hydrated ►vith d1i6lillod water umms otherwise motr& 4 t;Iydl7mtcdwieaehalc- Moisture 1O1IO3 Hydrated Hydrated Hydrated I.1ydrated Hydrated Hydrated Hydrated Dry Hydrated Dry Hydi lted Shear.Rtltt 0.04 inMn 0.04 infldin 0.2 itllmirl 0.02 ip/Min 0,0025 iw'ilmin 0.02 inhiiin 0.02 inllf in 0.04 inhilin 0.04 ilihoin 0.04 in/min 0.04 Wtii A ii' etion 20 22 11.2 8 27 21 28 24 13 57 59