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HomeMy WebLinkAboutResolution - 2002-R0160 - Contract For The City Of Lubbock Landfill - Onyx Contractors, LP - 04_25_2002--1..:-1...... _ Resolution No. 2002—RO160 April 25, 2002 Item No. 49 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the City of Lubbock Landfill - Cell VI Expansion, by and between the City of Lubbock and Onyx Contractors, LP of Odessa, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 25th day of . April A 2002. WINDY SITT , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdocs/Contract-Onyx Contractors.res April 16, 2002 jj 6A),t�'a d8 R� IN a�.3tf' /!�' T�nii�' Z, � i li 44 - oZDDo2 ' D/ CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION ITB #057-02/BM "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas ITB # 057-02/BM, Addendum # 3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lu bbock.tx. us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 3 ITB # 057-02/BM City of Lubbock Landfill — Cell VI Expansion April 10, 2002 April 11, 2002 @ 1:00 P.M. j The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any Jitem called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Change, in GENERAL CONDITIONS OF THE AGREEMENT, Section 28, CONTRACTOR'S INSURANCE, third paragraph, to read as follows: The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of Lubbock as an additional insured. If no subcontractors will be used, said insurance certificate shall be accompanied by a written statement from the Contractor stating to the effect that no work on this particular project shall be subcontracted. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair v Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB # 057-02/BM ad3 ITB #057-02/BM, Addendum # 2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13r" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.b(.us ADDENDUM # 2 ITB # 057-02/BM City Of Lubbock Landfill — Cell VI Expansion MAILED TO VENDOR: April 5, 2002 CLOSE DATE: April 11, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Questions and concerns that surfaced prior to the prebid meeting are addressed as follows: Question No. 1. The SLQCP is referenced throughout the project specifications, and it appears that it should have been attached as Appendix A; however, a copy was not included in our copy of the bid documents. Can a copy be forwarded to our attention via email, fax, or mail as soon as possible? Response No. 1: Pertinent sections of the SLQCP are included with this addendum. Questions No.2. In Section 02245 - 2.5.C.1 of the project specifications, it is stated that conformance testing of the liner material shall be conducted on material delivered to the project site in accordance with the frequencies provided in 2.5.C.2 and 2.5.C.3; however, there is no indication of who will be responsible for these costs. Later in the specifications, 3.3.E.4, it is noted that the Engineer will be responsible for the independent destructive testing. With that in mind, can we also assume that the Engineer will be responsible for the costs associated with the conformance testing? Response No. 2: No. All conformance testing that is required by the specifications on material that will be submitted to the Engineer for approval prior to shipment to site will be the responsibility of the Contractor and/or material supplier. Once the material is installed and destructive testing is performed by the third party QAIAC, testing costs for those tests that pass and are approved will be the responsibility of the Owner. Any and all failed tests during the construction phase will be the responsibility of the General Contractor who holds the contract with the Owner. 2. The following items are resultant to the prebid meeting conducted on April 2, 2002. A. The Bid Submittal Form has been revised to reflect unit price bidding. The REVISED BID SUBMITTAL FORM is included herewith and must be the one submitted by the responsive bidders. B. Regarding Specification Section 02200, EXCAVATION AND EARTHWORK. Section 1.3.A.1 and 3 refer to a geocomposite clay liner and leachate collection system. There are none of these components in this project. Please strike any reference to a geocomposite clay liner and leachate collection system from these specifications. C. Where is the soil stockpile for the topsoil material that will be used as the top layer on the outside of the berm? Topsoil will be excavated from the landfill site just west of the project site. D. Will a SWPPP be required for the project? The landfill has a storm water plan that governs any construction on the site. Contractor will be required to file an NOI for the project. Any plans for the NOI will be provided by the Engineer. The only erosion control work that will be required will be an erosion fence along the south property boundary immediately adjacent to the project area only. Cost for this fence will be incidental to the cost of the project. Length of the erosion fence is approximately 850-linear feet. ITB #057-02/Bmad2 ITB #057-02/BM, Addendum # 2 E. The material for the protective cover will be from the excavation material, or if any additional material is needed from the previously excavated area located immediately adjacent and east of the project site. This material must be processed in order to meet the project specifications for protective soil cover. F. Any excess excavated material may be stockpiled in an area west of the project site as designated by the Owner. There is an electrical power line easement west of the site where no material may be stockpiled. G. Water for the project may be obtained from the water storage pond located immediately northeast of the project. The pond is filled by line that runs in a north -south direction from the pump to the pond. The supply line must be protected by the contractor from damage. Any damage to the line will be repaired by the Contractor at Contractor's expense. The pump provides only 60 gpm or less. Contractor must plan accordingly. There may be an alternative source of water, but only on an emergency basis only. 3.: Sign -in sheets from the prebid meeting are included herewith. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK uce MacNair i Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #057-02/Bmad2 ITB #057-02/BM, Addendum # 2 BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: #057-02/BM - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK LANDFILL - j CELL VI EXPANSION having carefully examined the plans, specifications, instructions to bidders, notice to bidders 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 cover all expenses incurred in performing the work required under the contract documents. BID ITEM #1 58,000 C.Y. 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. MATERIALS: ($ ) SERVICES: ($ TOTAL BID ITEM #1: BID ITEM #2 29,000 C.Y. 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. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #2: ($ ) ITB #057-02/Bmad2 ITB #057-02/BM, Addendum # 2 BID ITEM #3 145,000 S.F. SUBGRADE PREPARATION (FLOOR): Provide all labor, equipment, materials, supplies, etc. necessary to prepare the floor areas to receive the lining system 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. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #3: ($ ) BID ITEM #4 205,000 S.F. 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. MATERIALS: ($ SERVICES: ($ TOTAL BID ITEM #4: ($ ) BID ITEM #5 141,500 S.F. 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 backfill in anchor trench after liner installation as shown on the plans at the unit price per square foot: MATERIALS: ($ ) SERVICES: ($ TOTAL BID ITEM #5: ($ BID ITEM #6 201,500 S.F. 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. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #6: ($ ITB #057-02/Bmad2 ITB #057-02/BM, Addendum # 2 BID ITEM #7 150,000 S.F. 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 available on site, including all labor, material, equipment and superintendence as necessary to install the soil and construct berm along the edge of liner as shown on the plans at the unit price per square foot. MATERIALS: ($ SERVICES: ($ ) TOTAL BID ITEM #7: ($ ) BID ITEM #8 215,000 S.F. 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. ;.'vt MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #8: ($ TOTAL BID REM #1 — ITEM #8: MATERIALS: SERVICES: TOTAL BID ITEM #1- ITEM #8: (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety ITB #057-02/Bmad2 ITS #057-02/13M, Addendum # 2 company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ _) or a Bid Bond in the sum of Dollars ($ 1, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Gode 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date MIWBE Firm: Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - Woman Black American Native American Hispanic Asian Pacific American Other (Specify) American ITS #057-02/Bmad2 ITB #057-02/BM, Addendum # 2 LIST OF SUBCONTRACTORS Minority Owned Yes No 1. 0 ❑ i 2. ❑ ❑ 3. - ❑ ❑ 4. 0 ❑ 5. i ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ s. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ I h .1 ITB #057-02/Bmad2 ITB #057-02/13M, Addendum # 2 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid 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 fifteen (15) 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 bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: (Print or Type ) CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( ) Date: NOTE TO CONTRACTOR If the time requirement specified above Is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. } BID #057-02/BM - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION ITB #057-0216mad2 PRE13113 N057-02/BM CITY OF LUBBOCK LANDFILL — CELL VI EXPANSION April 3, 2002 @ 9:00 AM ENGINEERING CONFERENCE ROOM 107 PLEASE PRINT TELEPHONE FAX E-MAIL COMPANY REPRESENTATIVE MAILING ADDRESS NUMBER NUMBER ADDRESS P.O. Box 2000 City of Lubbock BRUCE MACNAIR City: Lubbock (806)775-2163 (806)775-2164 BMacnair@mail.ci.lubbock.tx.us State, Zip Code: Texas 79457 Address: y`q &. s Q62e, V ( ) K Wmir.h KlLft- aw- City: URI--t s IPWv TX 1, 3az -7 x t State, Zip Code: /� �j.T•L %s tummy AaAM twor-orJ Address: S-zo S. 644- AwsiyE City: NIA►JSFIELb State, Zip Code: TX '7l00t. g( '1) q-)-i-03ZO istY 4-77 s-b�Z AdwM�'� SJ�0�115. COM Address: 4q,0v jV it.Qd L / �NU *'ROD .L eD �R��•wSe m4b44, +O ^-,,�lY State, ZipCode: 0 6 $6 - 00 8b 0/96 n1�D tilts Address: /0 VO AbQr* *nAr, 4( /S) (d! S ) 0'eyYX caw -i<4 C 7w s ziv .i9,& City: 0)IeC5 State, Zip Code: ,' 4 1 3 S� ,23 6 0 3 0(1 173 ,?o 00. , of Lr 1 4 G le ih/4�. W N �- ��}�1 % -lk ,'� Address: S- . e city. W o ( 17) Z ' 31 q+70 ( t 7 ) State, Zi Code: 7G Address: U U City: State, Zip Code: Address: U U City: State, Zip Code: Address: City: State, Zip Code: Address: City: State, Zip Code: Address: U U City: State, Zip Code: Address: U U City: State, Zip Code: :K,n,1( L . CdM PREBID #057-02BM CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION April 3, 2002 @ 9:00 AM ENGINEERING CONFERENCE ROOM 107 PLEASE PRINT TELEPHONE FAX E-MAIL COMPANY REPRESENTATIVE MAILING ADDRESS NUMBER NUMBER ADDRESS P.O. Box 2000 City of Lubbock BRUCE MACNAIR City: Lubbock (806)775-2163 (806)775-2164 BMacnair@mail.ci.lubbock.tx.us State, Zip Code: Texas 79457 � 1 Address: _,.$/�2 Z. e5 rL City: C... Lj19oc�� State, Zip Code: 7 9 f(z 3 p 7 `ZZDU 73 •3fD6 4/7a/'4w P feu'ji (-�1�2� �� e� �i`� �(i►v� nv4vl� Address: 19r;t City: State ZipCode 7 3 7 `� f- 7 y9� ys 7s7 �a ,�U 1, (ci . C „t J,,4e0,,-C nAL SP�c�Ij�s -r-dTGRAomm,4L A,.,*Ej Address: 4 x D .. City: _ State Zip Code: ( , 21C0 2� 2e,1-2- :R 61anc�0rcjC9"XAzw5, .•SET f� I P.0 �.f�Ace, o,► �wi' ! L . /? << Address: ?J'00 City: 71;e Z7� 71 Z 7�,>7'zGZ �v-,et 62alic . /c/►cGo State, Zip de: 71os 7 i LlJ r3%3!i cl� / /� -S cs<7 C -0 ,l�%3 Address: /'a ,3 z �•, =� City: L ,...'�s�,c i C State, Zip Code: - 75y1 �vw c, J (w,?i� Address: City: State, Zip Code: Address: U U City: State, Zip Code: Address: City: State, Zip Code: Address: U U City: State, Zip Code: Address: City: State, Zip Code: Address: U U City: State, Zip Code: Pir Nott : C.on'aiKs 1� •yf /rcalo/e SQC. o Ce ATTACHMENT 10 SOIL AND LINER QUALITY CONTROL PLAN TABLE OF CONTENTS Section MICHAEL K. STACEY .. t......................� 65460 . , 0, Page 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 Bentonite ................... 6 2.3 Sampling and Testing of Constructed Clay Liners ................ 7 2.3.1 Density and Moisture Content ......................... 7 2.3.2 Sieve Analysis and Atterberg 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 On -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 4.0 LEACHATE COLLECTION SYSTEM ............................. 28 f 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 10-i August 1994 MSWLF Permit Modifications Revised T7 CL4 e't" j wW` I /O. a 1.0 Introduction 1.1 General This Soil and Liner Quality Control Plan (SLQCP) presents engineering and quality control requirements for construction for the Lubbock landfill composite lining system. The SLQCP shall be used in conjunction with the Site Development Plan Attachments and final construction drawings and specifications. The SLQCP shall address the following: a _ ■ 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. i, I ■ 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). l , I� I City of Lubbock 10-1 August 1994 MSWLF Permit Modifications Revised 1.2 Definitions This section provides the definitions for terms used in this SLQCP. "Quality Control" - Actions taken by the FML manufacturers and FML contractor to ensure that the geosynthetic materials and workmanship meet the requirements of project plans and specifications. "Quality 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. "Geosynthetics" - A generic classification given 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, geosynthetics 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 panel. On this project, the FML will consist of a High Density Polyethylene (HDPE) material. "Geotextile" - 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 1 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 10-2 August 1994 MSWLF Permit Modifications Revised i l "Manufacturer" - Firm(s) responsible for the production of FML and geotextile from resin. "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 lining system. "FML 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 Engineerinq Technician" - The representative of the Geotechnical Professional who is NICET - Certified in Geotechnical Engineering Technology at Level 1 or higher, an engineering technician with a minimum of four years of 1 directly related experience or a graduate engineer/geologist with one year of directly related experience. a "Quality Assurance Laboratory'- The firm responsible for conducting tests on 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 l with the manufacture and/or installation of any of the geosynthetics. "Project Plans and Specifications" - All project related plans and specifications including design modifications and "as -built" plans. "Protect Documents" -All contractor submittals, construction plans, "as -built" plans, construction specifications, QA plan, safety plan and project schedule. Constructed Clay Liner 1 General 1 This ction covers the work to con/arkers the constructed clay liner. Prior to liner c struction, the landfill griystem should be established in and around t construction area. hould be visible to personnel in the construction ea (see Sectioinimum constructed clay liner thickness, measured rpendic including the sumps. The rf with a flat wheel roller and p liner. New liner section should r to the surface being lined, will be two feet of the finished clay liner should be smooth rolled gist prior to installation of the flexible membrane properly tied back into previous liner sections to ensure continuou iner coverage. For excavation urfaces with a slope of 3 Hori ntal to 1 Vertical (3H:1 V) or flatter, liner constr ion may utilize lifts parallel to the rface. For excavation surfaces that hav steeper than 3H:1V slopes, finings sho d be placed in successive horizo al soil lifts; however, such lifts must be s iciently wide to safely acco modate both the construction equipment and the r ated placement and co paction operations. City of Lubbock 10-4 August 1994 MSWLF Permit Modifications Revised 3.0 moisture content throughout each lift. The liner soil mate ' rshall contain no s or stones larger than one inch or have mo han 10 percent rock by weight. a maximum clod size will approximately one inch in diameter. 3. The soil admixture sh a compacted a pad/tamping foot or sheeps- foot roller to a nimum density of 95% of the St d Proctor maximum dry de ' y established in the laboratory at or above opti moisture tent. The admixed soil should be laid and compacted in layers t exceeding six inches in thickness. Flexible Membrane Lining (FML) 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 High Density Polyethylene (HDPE) 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 certification 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, installing, 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 of installation procedures, and a schedule for performing/completing the Work. Installation drawings shall show a lining sheet layout with proposed size, number, position, and sequence of placing of all sheets and indicating the location of all field seams. Installation drawings shall also show complete details and/or methods for anchoring the lining at its perimeter, making field seams, and making anchors/seals 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) 8 inches x 10 inches samples of lining material(s) and six (6) 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 inches 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 shall 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 20 years. The warranty shall be against manufacturing defects or workmanship and against deterioration due to ozone, ultraviolet or other City of Lubbock 10-13 August 1994 MSWLF Permit Modifications Revised i, normal weather aging. The warranty shall 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 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 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 handled/installed plus the names and qualifications of senior installation personnel on the project. City of Lubbock MSWLF Permit Modifications 10-14 August 1994 Revised i The Quality Control Plan(s) to be implemented for the Work by the lining Manufacturer and the Contractorshall 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 lining 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, and demonstration of making a field welded Seam(s) including peel and shear tests. Prior to installation 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 lining surfaces. Work gloves, safety glasses, hard hats, and smooth - soled shoes are minimum safety wear requirements when working on the FML. Safety shoes must be worn when handling heavy objects. Ther 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. i City of Lubbock 10-15 August 1994 MSWLF Permit Modifications Revised i 1 3.4 Delivery. Storage and Handling The Contractor shall submit for approval by the Geotechnical Professional a method(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 recommendation. 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 all 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 Contractor shall be completely responsible for shipping, storage, handling, and installation of all lining materials in compliance with the SLQCP. 3.5 Products f The High Density Polyethylene (HDPE) lining materials shall be new, first quality products designed and manufactured specifically for the purposes of the Work and fshalJ 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 10-16 August 1994 MSWLF Permit Modifications Revised i required for manufacturing. The FML shall be supplied as a single q 9 pp gl ply continuous sheet with no factory seams and in rolls with a minimum width of 15 FT. The roll 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 a 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 Geotechnical Professional. The certificate should include roll identification number, testing procedure and test results. Test results are required for every -i 50,000 ft2 of FML shipped to site. TABLE A HDPE PROPERTIES Property Test Method Smooth HDPE Values Textured HDPE Values Thickness (Mil±10%) ASTM D 5199/1593 60 60 Specific Gravity ASTM D 1505 0.94 0.94 Carbon Black Content (% Min) 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 B-1 Melt Flow Index, (max.) (g/10 minutes) ASTM D 1238 I Condition E 1.0 1.0 City of Lubbock 10-17 August 1994 MSWLF Permit Modifications Revised i Tensile Properties ASTM D 638 (Each Direction) Type IV Specimen 1. Tensile Strength Dumb bell @ 2 ipm At Break (IbCn width) 228 132 At Yield (Iblin 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 Std 101 C 108 108 Method 2065 Low Tempe ratureBrittleness ASTM D 746 -60 -60 ("F) Procedure B Dimensional Stability ASTM D 1204 t 2 t 2 (Each Direction, % change 100°C 1 HR max) Resistance to Soil Burial ASTM D 3083 using (Max % change, original ASTM D 638 Type value) IV 1. Tensile Strength Specimen @ 2 ipm At Break & Yield t 10 t 10 2. Elongation At Break & Yield t 10 t 10 Environmental Stress Crack ASTM D 1693 200 200 (Min Hrs) Condition C (100°C) Water Absorption ASTM D 570 0.1 0.1 (Max % wt change) Coefficient of Linear Thermal ASTM D 696 2 x 10-4 2 x 10-4 Expansion (cnVcm°C) Hydrostatic Resistance (psi) ASTM D 751 400 350 Method A-1 Moisture Vapor Transmission ASTM E 96 0.02 0.02 Max. (g/m2 day) Index Friction (0) GRI GS-7 — 40' Bonded Seam Strength, ASTM D 4437 132, FTB' (less than 10% into (Ibfin) . seam) Peel Adhesion ASTM D 4437 Fusion (Ib/in) 90(FTB-) 90(FTB') Extrusion (Ib(n) 78(FTB') 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 751/1593 Leading edge of each geomembrane roll Density ASTM D 792/1505 Not less than 1 test per 100,000 ft2 with not less than one per resin lot Minimum of 4 tests required. Carbon black content ASTM D 1603 Carbon black dispersion ASTM D 3015 Tensile Properties ASTM D 638 Puncture resistance ASTM D 4833 Tear resistance ASTM D 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. 3.6 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 conditions to support the FML. City of Lubbock MSWLF Permit Modifications 10-19 August 1994 Revised I The Contractor will provide written documentation to the Geotechnical Professional that surfaces to receive the FML 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 1" in depth and at least V 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 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, for imperfections 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 I ' City of Lubbock 10-20 August 1994 MSWLF Permit Modifications Revised ii lining will be anchored and sealed to structures, pipes and other types of ,s 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 Geotechnical 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 FML 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 City of Lubbock 1 Q-21 August 1994 MSWLF Permit Modifications Revised for such adverse conditions and quality of workmanship is not compromised. Adverse climatic conditions occur when the air temperature measured 6 inches above the FML surface is less than 320F and decreasing, or more than 90°F; 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 seams will be formed by lapping 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 b 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 lap 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 1 inch minimum radius. I City of Lubbock 10-22 August 1994 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 Geotechnical 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 .seamer will produce a test seam at the beginning of each shift to determine the peel and tensile strength of the seam. The Geotechnical 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 1/2 hour or if a breakdown of the seaming equipment occurs, a test seam will be produced prior to resumption of seaming operations. 1 f _ During the field seaming operation, representative, non-destructive samples will be made forfield seams by the Contractor. These samples will 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 10-23 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. All 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 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. 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 specified in these Specifications. A minimum of one stratified sample per 500 feet of field seam will be made. All field seams will have a film tear bond in peel and 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 cap 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 i - City of Lubbock 10-24 August 1994 MSWLF 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 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 fails, the Contractor will cap all field seams 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 seams between any two previous passed seam locations which include the City of Lubbock 10-25 August 1994 MSWLF Permit Modifications Revised failed seam or will go on both sides of the failed seam location (10 feet minimum), take another sample each side and test both. If both pass, the Contractor will reconstruct the field seam between.the two locations. If either fails, the Contractor s 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 8 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 10-26 August 1994 MSWLF Permit Modifications Revised Geotechnical Professional. The area to be tested will be cleaned of all dust, i 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 (Hg) 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 hot -wedge 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 i in the air space between welds. Air will be pumped into space to 30 psi and held i for 5 minutes. If pressure maintains 26-30 psi, seam is acceptable. If pressure j drops, the outside weld edge will be sprayed with a soap solution and visually 3 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 i 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 completed work will include receipt of all submittals and all work completed to the satisfaction of the Geotechnical Professional. � 4.0 eac ate o e on v em ` A achate collection system (LCS) will be placed above the Flexible Membrane Li `! In th floor area, the LCS will consist of a minimum 1-foot thick continuous nular drainage ayer with embedded leachate collection pipes in the sump an ipe trench areas. The achate collection pipes will consist of six inch diameter ' e with 112 inch diameter holes six inch centers. To avoid piping losses into t collection pipes, the granular drainage ayer shall consist of rounded, rive n gravel meeting the requirements of AST C-33 for coarse aggregate. rushed material will not be acceptable. The gravel sh Id meet the gradation r irements of Size No. 67 (Nominal size 3/4 inch to No. 4) or coar r. In addition, gravel will have a permeability of 1 x ,� 10-2 cm/sec or greater and the per nt of ca um carbonate by weight wi11 not exceed 15 'wa percent. A 12-ounce non -woven geot a cushion (Nicolon S1600 or equivalent) will be placed between the FML and drain a la r. A minimum 6-ounce non -woven geotextile filter (Nicolon S Series or equiv ent) will be aced between the drainage layer and the protective cover discussed i Section 5.0. The otextile materials will be hand placed. Th/at ayer terial will be placed in small segme starting from the perimeter, fole per geotextile and protective cover. This eration should continue acd area. Placement of granular drainage materials o FML's will generally noat ambient temperatures below 320F or above 104 but should be J cothe coolest part of the day to minimize the development wrinkles or folgeosynthetic materials. A minimum of one foot of material is equired City of Lubbock 10-28 August 1994 MSWLF Permit Modifications Revised rTABLE F J GEONET CONFORMANCE ��&ST METHOD FREQUENCY Thickness ASTM D 1 Leading edge of each geocomposite roll Mass per unit area D 3776 Not less than 1 test per 100,000 ft2 with not less than a per resin lot. Minimum 4 tests required. Carbon black content ASTM 03 Tensile Strength ASTM D 1682 Transmissivity ASTM D 4716 The geote fife on both sides of the geonet will be a minimum 6-oun%inles mated meeting the physical properties and conformance testing describa E above. Protective cover will be carefully spread on top of the ge avoid damage to the liner system. 5.0 Protective Cover A minimum 4-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 (SM) 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 Att&imit (ASTM D4318) per 5,000 cubic yards of in -place material. 1 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 Lubbock 10-33 August 1994 {{ MSWLF Permit Modifications Revised I i wrinkle or damage the underlying geosynthetic layers, and the placement methods will 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 I 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 j will proceed with caution when on the overlying soil 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 feet 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 less than one verification point per 5,000 square feet of surface area. 6.0 Marking and Identifying of Evaluated Areas Red 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 i City of Lubbock 10-34 August 1994 MSWLF Permit Modifications Revised i { will be referenced to the site grid system. Markers will not be placed inside the evaluated area. 7.0 SLER. FMLER and Construction Documentation Upon completion of all required liner construction and evaluation, the Geotechnical 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 field 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. SLERIFMLER 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: i a Roll shipment and receipt information a 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 1994 MSWLF Permit Modifications Revised ■ Subgrade acceptance ■ Anchor trench preparation and backfilling ■ Panel deployment, identification and placement ■ Panel wrinkling, fishmouthing, and manufacturer's creases ■ Seam preparation, orientation and identification ■ Weather and ambient/sheet temperatures ■ Equipment placed or operated on geomembrane ■ 100 percent visual inspection for defects, damage, etc. ■ Trial seam tests for each combination of seaming equipment and personnel ■ 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 Material properties and placement of drainage materials and protective covers The report will also include pertinent record drawings including: ■ Sectorized fill layout plan, ■ Location of the subject trench or cell with SLER/FMLER markers, ■ Previous filled and active areas, ■ As -built panel layout drawings, showing 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 Modifications August 1994 Revised ITB #057-02/BM, Addendum # 1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 9 ITB # 057-02/BM City Of Lubbock Landfill — Cell VI Expansion March 20, 2002 April 11, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Change Scope of Work (in advertisement only) to read approximately 145,000 square feet of lined floor area plus 205,000 square feet of lined side slopes along with excavation and soil berm construction as identified in the plans and specifications. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS, ADDENDUM WITH YOUR BID. i j ITB #057-02/BMad1 CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION ITS #057-02/BM "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 057-02/13M PROJECT NUMBER: 90061.8302.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT I`1 l INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS .; 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT y 9. CURRENT WAGE DETERMINATIONS -, 10. SPECIFICATIONS } f i y: NOTICE TO BIDDERS - -1 NOTICE TO BIDDERS ITB #057-02/BM j Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 1:00 o'clock p.m. on the 11th day of Agrill, 2002, 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: ' "CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 o'clock mm. on the 11th dav of ADrill, 2002, and the City of Lubbock City Council will consider the bids on the 26th d aw o A ri 00 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasona y convenient, to the right to reject any or all bids and waive any formalities. The successful bidder 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 bidder 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 B or sperior. Bidders 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 bid 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 bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders 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 bid submitted. There will be a non -mandatory pre -bid conference on 3rd day of April. 2002 at 9:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13t' Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Parkhill, Smith & Cooper, Inc., 4222 85th Street, Lubbock, Texas 79423, Phone: (806) 473-2200. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping gj; charges and must furnish the name of the service to be used and the bidder's account number. 4 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included K• in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's 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 in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this �v advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids 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 -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER v' i GENERAL INSTRUCTIONS TO BIDDERS 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders 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. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13"' Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully 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 bidder. 12.2 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. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 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 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. i i { 15 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. 16 GUARANTEES 16.1 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). 16.2 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. 16.3 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. j` 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Ir 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. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished direct) to the 9 P 9 Y Y 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. 18 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 bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder 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 bidder. (c) Equipment schedule. 4 19 TEXAS STATE SALES TAX 19.1 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. 19.2 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. 20 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. 21 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 1 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. 22 EXPLOSIVES 22.1 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 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 'j notice shall be given sufficiently in advance to enable the companies to take such steps as they may i deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder 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. 24 INSURANCE 24.1 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 5 r 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. 24.2 The insurance certificates furnished shall name the City as an additional insured, 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. 25 LABOR AND WORKING HOURS 1 25.1 Attention of each bidder 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 ibidders' 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 bidder's obligations thereunder. The inclusion of the 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. 1 Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: -I 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary f 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. 25.2 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. 25.3 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. 26 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 E 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. '.J 27 PROVISIONS CONCERNING ESCALATION CLAUSES J Bids submitted containing any conditions which provide for changes in the stated bid 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 bidder without being considered. .r 'i. t I 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be j correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to 4 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. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. j The bid shall be executed in ink. j 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: S28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. q (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. ' 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 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. 30 QUALIFICATIONS OF BIDDERS The bidder 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 bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. .r u;l , (b) The ability of the bidder 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 bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through S. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. BID SUBMITTAL ITB #057-0218M, Addendum # 2 BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: April 11, 2002 PROJECT NUMBER: #057-02BM - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION Bid of Onyx Contractors LP (hereinafter called Bidder) To the Honorable Mayor and City Council City, of Lubbock, Texas (hereinafter celled Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUJI3OCK LANDFILL - CELL VI EXPANSION having carefully examined the plans, specifications, Instructions to bidders, notice to bidders 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 cover all expenses. incurred in performing the work required under the contract documents. BID ITEM #1 58,OD0 C.Y. EXCAVATION: Provide all labor, superintendence, equipment, supplies, etc., as necessary to construct the finished grades and prepare the surfaco to receive the lining system as shown on the plans per cubic yard. I MATERIALS: _ ($ ) SERVICES: Seventy -Four Thousand Eight Hundred Twenty Dollars ($ 74,820.00 ) TOTAL BID ITEM #1: Seventy -Four Thousand Bight Hundred Twenty Dollars ($ 74,920.00 ) BID ITEM #2 29,000 C.Y. BERM ,C_QNSTRUCTION: Provide all labor, superintendence, equipment, supplies, etc., as necessary to construct the borm and fill areas on slopes to finished grade as shown on the plans per cubic yard. MATERIALS: ($ ) SERVICES: Twenty -Nine Thousand Dollars ($ 29,000.00 ) Twenty -Nine Thousand Dollars �9,000.00 TOTAL. BID ITEM #2: ($ ) ITB #087-02113=Q ITB #057-02/8M, Addendum # 2 BID ITEM #3 145,000 S.F. SUBGRADE PREPA,gATION (FLOOR): Provide all labor, equipment, materials, supplies, etc. necessary to prepare the floor areas to receive the lining system 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. MATERIALS: ($ ) SERVICES: Fourteen Thousand Five Hundred Dollars ($ 14,500.00 __ } TOTAL 1310 ITEM #3: Fourteen Thousand Five Hundred Dollars 14,500.00 ($ ) BID ITEM #4 205,OD0 S.F. 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 wlth existing erosion rills as shown on the plans at the unit price per square foot. MATERIALS: (S ) SERVICES: Eighteen Thousand Four Hundred Fifty Dollars {$ 19,450.00 ) TOTAL BID ITEM #4; Eighteen Thousand Four Hundred Fifer Dollars 19,450.00 BID ITEM #5 141,500 S.F. ,CEOMEMBRANE LINER (SMOOTH : Provide and install a 60 mil thick high density polyethylene liner including ell labor, equipment, materials, supplies, etc., for complete installation, including cost of anchor trench construction and compaction of backfiil in anchor trench after liner installation as shown on the plane at the unit price per square foot - MATERIALS: Thousand & Fifn' Cents (S 29,007,50 Twenty -Seven Thousand Five Hundred Forty Two Dollars &Fiffty Cents SERVICES: ($ 27,542.50 TOTAL BID ITEM #5: Fifty Six Thousand Five Hundred Fifty Dollars ($ 56,550.00 ) BID ITEM #6 201,600 S.P. GEOMEMBRANE LINgR (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 backf ll In anchor trench after liner installation as shown on the plans at the unit price per square foot. MATERIALS: Forty Eight Thousuiul Tlu-ee Hund33�d sixty DoIjal's 49,360.00 ) SERVICES: Forty One Thousand Eight Hundred Forty Dollars ($ 41,840.00 ) TOTAL BID ITEM #S: Ninety Thousand Two Hundred Dollars ($ 90,200,00 ) ITB #057-02Bmad2 rrB 0057-02/BM. Addendum # 2 BID ITEM #7 150,000 S.F. 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 available on site, including all labor, material, equipment and superintendence as necessary to install the soil and construct berm along the edge of liner as shown on the plans at the unit price per square foot. MATERIALS: ($ } SERVICES: Twenty- One Thousand Dollars ($ 21,000.00 } TOTAL BID ITEM #7: Twenty - One Thousand Dollars ($ 21.000.00 } BID REM 98 215,000 S.F. PROTECTIVE SOIL =VVER &OPEI: Place all protective soil on top of the liner I! — 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. Y' MATERIALS: ($ ) Tlu Two Thousand Two Hundred Fifty Dollars ($ 32,250.00 SERVICES: rh' } Thirty- Two Thousand Two Hundred Fifty Dollars 32,250.00 TOTAL BID ITEM 98, {$ } TOTAL BID ITEM #1 — ITEM #8: Thousand Three Hundred Sixty Seven Dollars & Fifty Cents ($ 77,367.50 MATERIALSseventy-Seven ) SERVICES: Two Hundred Fifty Nine Thousand Four Hundred Two Dollars & Fifty Cents259,402.50 } Thee Hundred Thirty -Sig Thousand Seven Hundred Seventy Dollars 3367'J0.00 TOTAL BID ITEM #1- ITEM #8: ($ ) (Amount shall be shown In both words and numerals. In case of discrepency, the amount shown in words shall govern.) Bidder hereby agrees to oommonce the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) J consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150.00 (ONE HUNDRED FIFM for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance 1 with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. _:a The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled dosing time for receiving bids. f The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contact documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety ITB #057-02/Bmad2 -1 rr8 *D57-02/BM, Adderdum e 2 company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (1 b) days after notice of iaward of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ l or a Bid Bond in the sum of 5% of total bid Dollars ($, 1, which it Is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 fifteen (IS) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. _ Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID .PRICE MUST BE MADE ON THE BID (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 03/20/2002 �` Addenda No. Date o4/05/2002 Addenda No. 3Date oar 0/2002 Addenda No. Date MJWBE Firm: Date: April 11, 2002 Authorized Signtiture Maurizio Iaquaniello (Printed or TypedName) Onyx Contractors LP Company 1890 North Mercury Address Odessa Ector h city, , aunty Texas 79763 State o e Telephone: 915 - 381-2360 Fax: 915 381-2361 Woman Black American Native American Hispanic American As an aci c Amencan Other(Specify) ITB #057-Mmed2 FM #057-O2fBM, Addendum # 2 CRY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT I To Be Completed by Bidder And Attached to Bid Submittal 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance AgentBroker. If I am awarded this contract by the City of f Lubbock, I will be able to, within fifteen (15) 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 bidlproposal. • d ,e,� Maurizio Iaquaniello Contractor (Signatu e) Contractor (Print) CONTRACTOR'S FIRM NAME: Onyx Contractors LP (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 1890 North Mercury 4 Odessa, Texas 79763 ..Ik ! -Narne o€ Agentl8roker: - West Texas Insurance Exchange - Address of Agent/Broker; 1000 Maple Avenue CityfStstelZip: Odessa, Texas 79761 Agent/Broker Telephone Number: ( 915 } 3334106 Date, April 11, 2002 NOTE TO CONTRACTOR f the time requirement specified above Is not met, the City has the right to reject this bid/proposal and sward the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775.2165, BID *057-02IBM - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION RB 0057-02A3mad2 1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1 162513T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX (806) 775-2164 http:llpurchasing. ci.l ub bock.bc, us MAILED TO VENDOR: CLOSE DATE: ITB #057-02BM. Addendum # 1 ADDENDUM # 1 ITB # 057-02/BM City Of Lubbock Landfill — Cell VI Expansion March 20, 2002 April 11, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Change Scope of Work (in advertisement only) to read approximately 145,000 square feet of lined floor area plus 205,000 square feet of lined side slopes along with excavation and soil berm construction as identified in the plans and specifications. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #057-02/13M, Addendum # 2 City of'Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 httpJ/purchasing.d.lubbock.tx.us ADDENDUM # 2 ITB # 057-02/BM City Of Lubbock Landfill — Cell VI Expansion MAILED TO VENDOR: April 5, 2002 CLOSE DATE: April 11, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Questions and concerns that surfaced prior to the prebid meeting are addressed as follows: Question No. 1. The SLQCP is referenced throughout the project specifications, and it appears that it should have been attached as Appendix A; however, a copy was not included in our copy of the bid documents. Can a copy be forwarded to our attention via email, fax, or mail as soon as possible? Response No. 1: Pertinent sections of the SLQCP are included with this addendum. Questions No.2. In Section 02245 - 2.5.C.1 of the project specifications, it is stated that conformance testing of the liner material shall be conducted on material delivered to the project site in accordance with the frequencies provided in 2.5.C.2 and 2.5.C.3; however, there is no indication of who will be responsible for these costs. Later in the specifications, 3.3.E.4, it is noted that the Engineer will be responsible for the independent destructive testing. With that in mind, can we also assume that the Engineer will be responsible for the costs associated with the conformance testing? Response No. 2:. No. All conformance testing that is required by the specifications on material that will be submitted to the Engineer for approval prior to shipment to site will be the responsibility of the Contractor and/or material supplier. Once the material is installed and destructive testing is performed by the third party QA/AC, testing costs for those tests that pass and are approved will be the responsibility of the Owner. Any and all failed tests during the construction phase will be the responsibility of the General Contractor who holds the contract with the Owner. 2. The following Items are resultant to the prebid meeting conducted on April 2, 2002. A. The Bid Submittal Form has been revised to reflect unit price bidding. The REVISED BID SUBMITTAL FORM Is included herewith and must be the one submitted by the responsive bidders. B. Regarding Specification Section 02200, EXCAVATION AND EARTHWORK. Section 1.3.A.1 and 3 refer to a geocomposite clay liner and leachate collection system. There are none of these components in this project. Please strike any reference to a geocomposite clay liner and leachate collection system from these specifications. C. Where is the soil stockpile for the topsoil material that will be used as the top layer on the outside of the berm? Topsoil will be excavated from the landfill site just west of the project site. D. Will a SWPPP be required for the project? The landfill has a storm water plan that governs any construction on the site. Contractor will be required to file an NOI for the project. Any plans for the NOI will be provided by the Engineer. The only erosion control work that will be required will be an erosion fence along the south property boundary immediately adjacent to the project area only. Cost for this fence will be incidental to the cost of the project. Length of the erosion fence is approximately 850-linear feet. tTB #057-02/Bmad2 1 JA;,y I ITB #057-02BM, Addendum # 2 E. The material for the protective cover will be from the excavation material, or if any additional material is needed from the previously excavated area located immediately adjacent and east of the project site. This material must be processed in order to meet the project specifications for protective soil cover. F. Any excess excavated material may be stockpiled in an area west of the project site as designated by the Owner. There is an electrical power line easement west of the site where no material may be stockpiled. G. Water for the project may be obtained from the water storage pond located immediately northeast of the project. The pond is filled by line that runs in a north -south direction from the pump to the pond. The supply line must be protected by the contractor from damage. Any damage to the line will be repaired by the Contractor at Contractor's expense. The pump provides only 60 gpm or less. Contractor must plan accordingly. There may be an alternative source of water, but only on an emergency basis only. 3. * Sign -in sheets from the prebid meeting are included herewith. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK uce MacNair / Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. i ITB #057-02/Bmad2 Apr-10-02 04:12pm From -CITY OF LUBBOCK-PURCHASING 9007752104 7-748 P.01/01 F-7V City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL. SUIXING 162813TH STREET LUBBOCK, TEXAS 7$401 PH: (806) 775.2157 FAX (805) 775.2164 hap://pure�asing.d,IuW=k.tiLL* MAILED TO VENDOR: CLOSE DATE: 6TB # 057 i. Asden d m of ADDENDUM # 3 ITB # 057-021BM City of Lubbock Landfill Cell VI Expansion April 10, 20D2 April 11, 2002 @ 1:00 P.M. T, ,follaw9c�,items take,prerscience car �pecit�catians.for 1he abays.named.lrwitationSaBid,(17S,). al! here agy item aadlt�i(fmr imttlrre iliilE a1'�s i�a 9suy{�d�Sreaerfslsl>,ttl►�mrrt�ilredin:�gaii,�, �� tb�rtthi�s �mrdiram, �l�Il n�aarain iin �f�tt. 1I.. ¢21ta,ihn G�imI(a�mtll��aac��llr.,au��q, �II��.�ItsI�E, third paragraph, to read'as follows: The Certificates of insurance fimnl",hedby the Contractor and' Subcontractors shall name the City of Lubbock as an additional insured. If no subcontractors will be used, said Insurance certificate shall be accompanied by a written statement from the Contractor stating to the effect that no work on this particular protect shall be subcontracted. All requests for additional information or clarification must pe submitted in writing and directed to: Questions may be faxed to: or Email to: ITS # 057-0218M ad3 Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775.2164 bMar,r)air@maii.ol.lubbook.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. I ... a..._ .+. .44.a4 .L. -, COMMERCIAL INDEMNITY Insurance Company BID BOND BOND NUMBER BD48606 KNOW ALL MEN BY THESE PRESENTS: THAT Onyx Contractors, LP, 1890 North Mercury Avenue, Odessa, Texas 79763 as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Lubbock, 1625 13th Street, Room L-04, Lubbock, Texas 79401 as Obligee, in the full and just sum of Five (5%) percent of the amount bid lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for City of Lubbock Landfill - Cell VI Expansion, ITB No. 057-02/13M. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 8th day of A rill, 2002. Onyx Contractors, LP PRINCIPAL By o (SEAL) COMMERCIAL INDEMNITY INSURANCE COMPANY By (SEAL) h . Schuler, ATTORNEY -:IV -FACT 1 _ W,W „1...,... Canuneresal Indemnity Insurance Company 1507 South IH-35 i Austin, Texas 78741 COMMERCIAL INDEMNITY INSURANCE CO. BD48606 POWER OF ATTORNEY ±KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, havin its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7 day of April, 1999, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -In- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: John W. Schuler State of Texas its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The Obligation of the Company under this power of attorney shall not exceed one million (S 1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1Ty State of Texas SE ' 21 John W. Schuler. President J County of Travis' ore me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally On this 7�' day of April, in the year 1999, bef known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. <r..xiiL- ilr ostyo�s NOTARY PUBLIC y N..i State o<Texas �'> ' Comm. O6]bZ000 jCommission Expires 8-26-2000 Sandra L. Denton, Notary Public CERTIFICATE i I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 8th day of April , 2002 TV SEAL Joel T. Massey, Secretary -1 750IND CHECK 8F3T RATING --- LICENSED %% ��IN��TEXAS DATE,4-.,,�-By L41_ STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond No.-119630 KNOW ALL MEN BY THESE PRESENTS, that Onyx Contractors, LP (hereinafter called the Principal(s), as Principal(s), and Evergreen National_Indemnity.Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of ��e� unaESq .L K&Kts x a dollars (�•336 ,770.00) lawful money of the United States 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 17 day of April .20 O%to City of Lubbock Landfill - Cell VI. Expansion, ITB No. 057-02/BM. and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract 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 Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provisions of said Article to the same extent as If It were copied etlength herein. IN WITNESS WHEREOF, the said Principal (s) and Surety'(s) have signed and seated this instrument this 2nd day of May 20-02 . Evergreen National Indemnity Company Surety (Title J . n W. Schuler, ttorney-Tn-Fact Onyx Contractors, LP (Company Name) By:0'14V lZ'-0-T9dz��i�uv (Printed Name) (Siang`, rc) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates John W. schulaTagent resident in Lubbock County to whom any requisite notices may be delivered and i whom service of process may be had in matters arising out of such suretyship. Evergreen National Indemnity Surety Compan *By: Itle) Attorney -In -Fact Approved as to Form City of Lubbock Y. City Attorney • 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 BOND CHECK _ BEST RATING _.. LICENSED IN TEXAS DATE BY PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No.119630 KNOW ALL MEN BY THESE PRESENTS, that Onyx (hereinafter called the Principal(s), as Principal(s), and Contractors, LP Frvergreen National Indemnity Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Hunarel Thirt six $ddDoltars ($336 ,770 . oo) lawful money of the United States for the payment w ereo , e said nnci al and urety 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 l?t7day of. May" .2002,to City of -Lubbock Landfill - Cell VI.Expansion, -ITB No. 057-02/BM. and said principal under the law is required before commencing the work provided for in said contract to execute a bond it the amount of said contract 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 Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2nd day of , May ; 20 02 . Evergreen National Indemnity Company Surety `BY (Title) Joh w Schuler, Attorney -In -Fact .Onyx,- Contractors. LP (Company Name) By: 'IV149 el2ea TA�sI�✓/ FGL o (Printed Name) (Signature) (Title) • MS�cFs�= I - The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates John W. Schuler an agent resident in Lubbock County to whom any requisite notices maybe delivere and on whom service of process may be had in matters arising out of such suretyship. Evergreen National Indemnit} Surety Company . By: itle) Attorney -in -Fact Approved as to form: City of Lubbock DD City Attorney 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 EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND, OHIO POWER OF ATTORNEY PRINCIPAL Onyx Contractors, LP EFFECTIVE DATE 5/2/02 CONTRACT AMOUNT 336,770.00 AMOUNT OF BOND $ 336,770.00 POWER NO. 119630 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: - Anna M. Hilt, John W. Schuler its true and lawful Attomey(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of February, 1994: "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attomey(s)-in-fact of such persons, firms, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 23rd day of February, 1994. EVER('iR N NATION INDEMNITY COMPANY i Roswell P. Ellis, President Glerm D. Southwick; Treasurer Notary Public) State of Ohio) SS: On this IOth day of May, 2001, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Roswell P. 1 Ellis and Glenn D. Southwick, of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein and fI who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Columbus Ohio, the day and year above written. SUE E. DUFFY Sue E. Duffy } NOTARY Mr.,, STATE OF OHIO NotaryPublic State of 0 My Commission expires August 6, 2004 ��A P W COMMIMON EXPIRES AM 6,2W4 State of Ohio) :'��'� S: I, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. 2nd ,,.•''x May , 2002 Signed and sealed in Columbus, Ohio this _ •�� •�pRPOf�,gT` �'� : KurtH. Weiland, Secretary IIIIIIIIlIIlIIIIIIIIIiIIIIIIIIIIIII `` - F _ ° Any reproduction or facsimile of this form is void and invalid. 119630 *1358796* �� `• y939 �? CERTIFICATE OF INSURANCE F LIABILITY URANC aATEIM 14(�QRQ� SR1JJ 05/10/02 WRODUGER THIS CERTIFICATE 1318S ED AS A MA ER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPO {THE CERTIFICATE `+Test Texas Insurance Exch, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11000 bftple Avenue ALTER THE COVERAGE AFFORDED BY �HE POLICIES BELOW. reesa TX 79761-2810 `hone: 915-333-4106 Fax: 915-333-6803 INSURERS AFFORDING COVERAGE N8URE0 - — - INSURER A: Gulf Underwriters the Co. INSURER B: American Mercury _ On x Contractors, LP INSURER C: Financial Ins. Co. Of America 18 0 North Mercury INSURENO: Lexington Insurance C r: ompany Odesea TX 79762 - INSURER ;AVERAGES THG POLICES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOH THE POLICY PERIOD INDICATED, NOTWI I HSTANDING ANY MEQLIKE MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Br ISSUED OR MAY ► eRTAW. THE INSURANCE ArFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THC TERMS, EXCLUSIONS AND CONDITIONS QT IIIUCI I POLICIES. AGGREGATE LIMIIS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 65. POLICY TR TYPE OF INSURANCE POLICY NUMDSR O MMIO ATY DATE MMMIIDIIDIM A7'ION LIMITS GENERAL 1.1ARILITY I EACH OCCURRtNCE 51,000,000 FIREDAMA(;F(Anyonenre) [I IN X COMMERCIAL cCNERALLIABILITY GU2825465 4 i CLAIMS NIAUE OCCUH 03/01/02 03/01/03 $50,0_00 85,000 MFA EXP (Any one WSW) $l 000, 000 X Includa>9 PERSONAL AA• INJURY I'pollution- �— I GENERALA _ EGATE i Z 000 000 S 2 000, 000 I GtMI AGGREGATE LIMIT APPLIES PEH: ! PRODUCTS . CQMPIOP AGO X I POLICY I I tCI I 110C AUTOMOBILE LIABILITY ANY AUTO BAP4502331 03/16/02 03/16/03 OM�BIINEEDISINtILE LIMIT $1 , 000 , 000 I- ALL OWNEVAUTCIS SCHFOUI.ED AUTOS HIRED AUTOS NON OWNED AUTOS BODILY INJURY' (Per Demon) s ,...... S BODILY INJURY (Per accident)— ; PROPERTY (uMnGE IPer aotltlenq S a GARAGE LIMLIT'Y i ' AUTO ONLY • eA ACCIDENT s OTHER THAN EA ACC AUTO ONLY. AGG ANY AUTO I i S s I DICESB LIABILITY �A 8 , WI1R I �; cLAIMsMAt* ', GU2825468 03/01/02 03/01/03 EACH OCCUR NCE 15 , 000,000 s 5 000 000 AGGREGATt , _ . -- __ •.. i DrFDUCIISLE RETENTION s I t f WORKERS COMPENSATION AND X RY LIMI iBR $1000000 C EMPLAYERS•uABIU71 WC051202 03/01/02 03/01/03 E.LEACHACCI ENT E.L. DISEASE • tEEMKOYE $1000000 E.L.OI3EASE-POLICY LIMIT $1000000 I I OTHER I IRented/leased 8758751 10/30/01 10/30/02 Per Ltem 125,000 jC e ent $10,000 DEDTJCTISLE cataotrap 1,000,000 OT:$CRIPTION OF OPEM ONS/t OG►110NSNEHIC1.011EXCLUSIONS ADDED 6Y ENDORSEMEIALNT4PECPRON910N5 Land clearing, building ponds, lining. Waiver of subrogation WC, GL 6 AUTO in favor of City of Lubbock; City of Lubbock is named 'Provided as Addt+l Insdon GL G Auto. Both if required by written contract. "Xca" included; contractual included. CERTIFICATE HOLDER • N ADD1T1ONAL INSURED: INSURER LETTER CANCELLATION CrTY— 0 2 SHOULD ANY OF THE ABOVE DE FMD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.Q_— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE; LEFT, BUT FAILURE TO DO 90 SHALL City of Lubbock IMPOSE No peuGATIoN OR LIABILITY OF ANY 100 UPON THE INSURER, IT'S AGENTS OR ATTN: Tina REPRESENTATIVES. P.O. Sox 2000 VEST IT ' Lubbock TX 79457 ..wwwnna"^U ARole A CERTIFICATE OF INSURANCE y :-....4 .... _.;:: :-ANT411r [-- TO: CITY OF LUBBOCK DATE: ,5 — uZ P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT Onyx- Contractors (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. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE ENERAL LIABILITY 1 Commercial General Liability General Aggregate $2 000 000 _ o Claims Made Products-Complop A—GG—i Z�7��'00_0 12 °ocwence ❑ Owners 8 Contractors Protecdv U2825465 3-01-02 3-01-03 $ nn EachOccurrence"k 000 UUU Q Fire Damage (Any one Fire) 50 000 S &%d Exp (Any one Person) 5 000 $ AUTOMOTIVE LIABILfTY x Any Auto Combined Single Limit S 1 000 000 ❑ Ail Owned Autos BAP4502331 3-16-02 03-16-03 Bodily Injury (Per Person) S ❑ Scheduled Autos Bodily Injury (Per Accident) S C FBred Autos Property Damage 3 C Non -Owned Autos O GARAGE LIABILITY ❑ Any Auto Auto Orly - Each Accident $ ❑ N/A Other than Auto Onty. Each Accident b Aggregate S BUILDER'S RISK ❑ ' 00% of the Total Contract PriceS INSTALLATION FLOATER N/A $ ❑ EXCESS LIABILITY -1 umbrella Form GU2825488 03-01-02 03-01-03 Each Occurrence 1n0n 000 Aggregate �—�--�0— 0 Other Than Umbrella Form = WORKERS COMPENSA770N AND EMPLOYERS' LIABILITY The Proprietor) ❑ Included ❑ Excluded WC051202 03-01-02 03-01-03 Statutory Limits Each Accident S Officers are: Disease Policy Limit S Disease -Each Employee 3 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 lesa than a 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: al�ge ame�Ttn� Z�� MUST BE SENT TO THE CITY OF LUBBOCK 13y: J Title: CONTRACTOR CHECKLIST A CONTRACTOR 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 entity 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 A 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 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 coverage 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: REQUIRED WORKERS` COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and 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 (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) 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; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) 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; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) 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; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 0 CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 17TH day of APRIL, 2002 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 ONYX CONTRACTORS LP of the City of ODESSA, County of ECTOR and the State of TEXAS hereinafter termed CONTRACTOR. W ITNESSETH: That for and inconsideration 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 1 described as follows: BID #057-02/BM - CITY OF LUBBOCK LANDFILL - CELL VI EXPANSION - $336,770.00 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. 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 bid 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. ATTEST: City Se retary APPRO ED AS TO CONTENT: O er's Representative If APPROVED AS TO FORM: City Attorney ATTEST: Corporate Secretary CITXOF BBCBy: OR CONTRACTOR: (OWNER) O >< eoNIRAC-onys 1O By: PRINTED NAME: iXt/a��l/o •?/���1�/�EGiv TITLE: /°APES/Q�irr�' COMPLETE ADDRESS: Onyx Contractors LP 1890 North Mercury Odessa, Texas 79763 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 ONYX CONTRACTORS LP 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 Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the 1 Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder l for inspection in accordance with the Notice to Bidders. 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. 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 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. 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. 4 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 bid, 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, i 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 (15%) 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 bid, 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 bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding 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 bids. 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, 6 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 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. The insurance certificates furnished shall name the City of Lubbock as an additional insured. Said insurance certificate shall also name all subcontractors as additional insureds or in the alternative, said insurance certificate shall be accompanied by a written statement from the Contractor stating to the effect that no work on this particular project shall be subcontracted. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: 5 Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage ,1 Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and I Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. 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. 3. 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 8 (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. 9. 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; (f) 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 (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. I 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 _l 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 _J r 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. 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 bid 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. (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; 10 (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 512(440-3789 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: (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: 11 (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. 29. 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. 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, materialmen 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 fumish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 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 specked 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 12 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 bidding 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 therefrom. 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. 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 $150.00 (ONE HUNDRED FIFTY) 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. 13 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 bid; 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 bid 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. 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 bids 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. 14 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 bid 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 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 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 partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owners 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 15 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 31 st 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. 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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) 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 16 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 noted 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, 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. Incase 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 bids, 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 J 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 tumed over 17 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 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. 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 18 _I 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. i 54. CLEANING UP i 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 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. 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates 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 Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified 1 Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 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 No Text i Project Manual CITY OF LUBBOCK, TEXAS CALICHE CANYON LANDFILL TNRCC MSW PERMIT NO. 69 CELL VI CONSTRUCTION FEBRUARY 2002 F IX of....... ......................... 00 14ROE3ERT HOLLY HOLDER" f .............................. 59052 t seal "an"In a. Parkhill, Smith & Cooper, Inc. Engineers n Architects a Planners Project Manual CITY OF LUBBOCK, TEXAS CALICHE CANYON LANDFILL TNRCC MSW PERMIT NO.69 CELL VI CONSTRUCTION FEBRUARY 2002 5�. ........... .*: .. � ROBERT HOLLY HOLDER" 59052 .............q.... p 2. Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS CALICHE CANYON LANDFILL TNRCC MSW PERMIT NO. 69 CELL VI CONSTRUCTION DIVISION AND SECTION CONDITIONS OF THE CONTRACT SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS.. DIVISION 1 NO. OF PAGES .................................... 6 SECTION 01010 SUMMARY OF WORK....................................................................................2 SECTION 01019 CONTRACT CONSIDERATIONS................................................................... I SECTION 01025 MEASUREMENT AND PAYMENT...............................................................2 SECTION 01039 COORDINATION AND MEETINGS..............................................................2 SECTION 01090 REFERENCE STANDARDS............................................................................2 SECTION 01300 SUBMITTALS..................................................................................................3 SECTION 01400 QUALITY CONTROL...................................................................................... 2 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS..............2 SECTION 01560 ENVIRONMENTAL PROTECTION...............................................................4 SECTION 01600 MATERIAL AND EQUIPMENT.....................................................................2 SECTION 01700 CONTRACT CLOSEOUT................................................................................2 DIVISION 2 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 01248001 02/02 TABLE OF CONTENTS Page - 1 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 "11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE", delete the entire paragraph and replace with the following: r;- The Contractor will be furnished five (5) sets of the full-sized drawings and five (5) sets of the specifications for use during construction. This shall include all plans and specifications furnished to material suppliers and subcontractors but does not include executed contract copies. Plans and specifications for use during construction will be furnished directly only to the contractor. ® 1.1.2 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 l construction layout and final construction verification. If a portion of the work fails and 1 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. 1.1.3 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 1 Contractor to pay for failed tests will result in a reduction of that amount from final payment. 1.1.4 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT", delete the first paragraph of this section. 1.1.5 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 01248001 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 1 02/02 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 attorneys fees." 1.1.6 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. 1.1.7 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 of the 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." 1.1.8 General Conditions "53. 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 56. 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 01248001 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 2 02/02 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 attorneys fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, 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 57. 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. RPR's 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: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 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. 3. Liaison: 1 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 j operations. b. Assist in obtaining from Owner additional details or information, when Z required for proper execution of the Work. _.1 !f l 01248001 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 3 02/02 J B. Shop Drawings and Samples: 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 of the 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: 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. 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: 1. 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. 01248001 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 4 02/02 J 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. 3. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. G. Reports: 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 i 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: 01248001 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 5 02/02 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. 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 01248001 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 6 02/02 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 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 south, west and north 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. PART 2 - PRODUCTS Not Used 01248001 02/02 SUMMARY OF WORK 01010 - 1 PART 3 - EXECUTION Not Used END OF SECTION 01248001 SUMMARY OF WORK 01010 - 2 02/02 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 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. 1.4 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 PART 3 - EXECUTION Not Used 01248001 02/02 END OF SECTION CONTRACT CONSIDERATIONS 01019 - 1 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 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. 1.2 BERM CONSTRUCTION Payment will be made for providing all labor, equipment, materials, supplies, etc., necessary to construct the berm along the north and east sides of the excavation to the elevations and grades shown on the plans. Berms 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. 1.3 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. 1.4 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. 1.5 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. 01248001 MEASUREMENT AND PAYMENT 01025 - 1 J� 02/02 1.6 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. 1.7 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. 1.8 PROTECTIVE SOIL COVER (SLOPES) Contractor will place all protective soil on top of the slope liner system including the soil bean 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. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 MEASUREMENT AND PAYMENT 01025 - 2 02/02 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. 01248001 COORDINATION AND MEETINGS 01039 - 1 02/02 1.6 BI-WEEKLY MEETINGS 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. 5. Discuss the possible problem areas and situations. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 COORDINATION AND MEETINGS 01039 - 2 02/02 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 01248001 REFERENCE STANDARDS 01090 - 1 02/02 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 TNRCC Texas Natural Resource Conservation Commission 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 01248001 REFERENCE STANDARDS 01090 - 2 02/02 SECTION 01090 REFERENCE STANDARDS PART 1 - GENERAL 1.1 SECTION INCLUDES } A. Quality assurance. B. Schedule of references. I 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. Tj 1.4 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 N. Capitol St. NW :f ^� Washington, DC 70001 ` ACI American Concrete Institute Box 19150, Reford Station Detroit, MI 48219 API American Petroleum Institute 1220 L. St. Northwest V J 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 124 0 - 0 8001 REFERENCE STANDARDS 01 90 1 02/02 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 TNRCC Texas Natural Resource Conservation Commission Box 13087 Austin, Texas 78711-3087 USCOE U.S. Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 REFERENCE STANDARDS 01090 - 2 02/02 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.1 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(-), and specification Section number, as appropriate. C. Apply 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. 01248001 SUBMITTALS 01300 - 1 02/02 1.5 CONSTRUCTION PROGRESS SCHEDULES 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 82 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. 01248001 SUBMITTALS 01300 - 2 02/02 1.11 GEOSYNTHETIC LINER A. Within 15 days after Notice to Proceed, submit one actual sample of the reinforced material for shear testing. Sample must be representative of the type used. B. Sample size; 1 roll width, 4-feet in length (minimum). PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 SUBMITTALS 01300 3 02/02 SECTION 01400 QUALITY CONTROL PART1-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. E 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 01248001 QUALITY CONTROL 01400 - 1 02/02 PART 3 - EXECUTION Not Used END OF SECTION 01248001 QUALITY CONTROL 01400 - 2 02/02 } SECTION 01500 i 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 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. 1.4 TEMPORARY WATER SERVICE A. Contractor shall provide temporary water service for all potable purposes. A non -potable water storage pond is available adjacent to the project area. B. 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. 1.5 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. 1.6 BARRIERS 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. 01248001 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 -1 102/02 1.7 A. B. C. 1.8 1.9 STORM WATER CONTROL Grade site to drain. Maintain excavations free of water. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. Protect all lining materials from water before, during, and after installation. PROTECTION OF INSTALLED WORK Protect installed Work and provide special protection where specified in individual specification Sections. SECURITY Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. PROGRESS CLEANING Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. Remove waste materials, debris, and rubbish from site and dispose on existing working face at intervals as required to maintain clean site. REMOVAL OF UTILITIES Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 2 02/02 SECTION 01560 ENVIRONMENTAL PROTECTION PART 1 - GENERAL 1.1 REFERENCES i 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 only. j CODE OF FEDERAL REGULATIONS (CFR) 29 CFR 1910-SUBPART G Occupational Health and Environmental Control CORPS OF ENGINEERS (COE) COE EP-1165-2-304 1976 Flood Plain Regulations for Flood Plain Management 1.2 DEFINITIONS A. Sediment Soil and other debris that have eroded and have been transported by runoff water or wind. B. Solid Waste Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris Combustible and noncombustible wastes such as ashes and waste materials resulting from construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. F. Sanitary Wastes 1. Sewage Wastes characterized as domestic sanitary sewage. 2. Garbage Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. G. Oily Waste Petroleum products and bituminous materials. 01248001 ENVIRONMENTAL PROTECTION 01560 - 1 02/02 .j 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. A. Storm Water Pollution Prevention Plan (SWPPP) Prepare and comply with SWPPP in accordance with "NPDES General Permits for Storm Water Discharges From Construction activities that are classified as'Associated with Industrial Activity"', Federal Register, Vol. 57, No. 175, September 9, 1992. Submit SWPPP to Engineer within fifteen days after Notice to proceed. B. Preconstruction Survey Perform a preconstruction survey of the project site with the Engineer, and pollution prevention measures necessary to assess existing environmental conditions in, and adjacent to the site. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. A. Land Resources Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Engineer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Engineer. Where such use of attach ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. 1. Protection Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 2. Replacement Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Engineer's approval before replacement. 01248001 ENVIRONMENTAL PROTECTION 01560 - 2 02/02 3. Temporary Construction Remove traces of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. B. Water Resources i 1. Oily Wastes Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. C. Fish and Wildlife Resources ' Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as indicated or specified. 3.2 HISTORICAL AND ARCHAEOLOGICAL RESOURCES A. Carefully protect in -place and report immediately to the Engineer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Engineer to resume work. If historical and archaeological resources such as artifacts (stone tools), features (stone walls), deposits (sea shells and charcoal stained soil), human bones and other cultural remains are encountered, stop that portion of work and notify the Engineer immediately. Within thirty-six (36) hours the Owner will determine if a change pursuant to the Contract should be issued or to direct the Contractor to proceed without change. No adjustment in contract price or completion time will be allowed for delays that do not exceed thirty-six (36) hours from the time the Contractor is notified to stop work. The Owner retains ownership and control over historical and archaeological resources. 3.3 EROSION AND SEDIMENT CONTROL MEASURES A. Bumoff Bumoff of the ground cover is not permitted. B. Borrow Areas Manage and control borrow areas to prevent sediment from entering nearby streams or lakes. Restore areas, including those outside the borrow areas, disturbed by borrow and haul operations. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. C. Protection of Erodible Soils Immediately finish the earthwork brought to a final grade, as indicated or specified. Immediately protect the side slopes and back slopes upon completion of rough grading. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. D. Temporary Protection of Erodible Soils Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 01248001 02/02 ENVIRONMENTAL PROTECTION 01560 - 3 3.4 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. A. Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified in area as directed by Owner. Rubbish may be disposed of in current landfill provided all rules for disposal are followed. B. Garbage Disposal Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 3.5 DUST CONTROL Contractor will be fully responsible for dust control along all haul roads and in the project area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. END OF SECTION 01248001 ENVIRONMENTAL PROTECTION 01560 - 4 02/02 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. 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. 1 01248001 MATERIAL AND EQUIPMENT 01600 - 1 02/02 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. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 MATERIAL AND EQUIPMENT 01600 - 2 02/02 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Warranties. 1.2 RELATED SECTIONS 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. Remove waste and surplus materials, rubbish, and construction facilities as directed by Engineer. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set 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. Submit documents to Engineer with claim for final Application for Payment. 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. 01248001 CONTRACT CLOSEOUT 01700 - 1 02/02 PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01248001 CONTRACT CLOSEOUT 01700 - 2 02/02 SECTION 02200 EXCAVATION AND EARTHWORK PART1-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 NATURAL RESOURCE CONSERVATION COMMISSION TNRCC, 31 TAC Chapter 330 Texas Natural Resource Conservation Commission, Municipal 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. 01248001 EXCAVATION AND EARTHWORK 02200 - 1 02/02 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. 01248001 EXCAVATION AND EARTHWORK 02200 - 2 02/02 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. 01248001 EXCAVATION AND EARTHWORK 02200 - 3 02/02 PART2-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 01560, "Environmental Protection." B. Disposal of Excavated Material Dispose of 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 01560, "Environmental Protection." 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. B. Protect subgrades from softening and damage by rain or water accumulation. 01248001 EXCAVATION AND EARTHWORK 02200 - 4 02/02 I i ,... e4 1 ,. , 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 in the area indicated on the Project Drawings. 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. If waste 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. .. l 01248001 EXCAVATION AND EARTHWORK 02200 - 5 02/02 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. 2. 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. Convect 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 01560, "Environmental Protection" and as specified in paragraph 3.1.B 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. 01248001 EXCAVATION AND EARTHWORK 02200 - 6 02/02 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 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 ff 95 percent ASTM D 698 at optimum moisture content (+/- 2 percent). Cohesive soils f, 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 01248001 EXCAVATION AND EARTHWORK 02200 - 7 02/02 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 basic designation 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 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 D 1593 Nonrigid Vinyl Chloride Plastic Sheeting D 1603 Carbon Black in Olefin Plastics D 1693 Environmental Stress Cracking of Ethylene Plastics 01248001 GEOMEMBRANE LINER 02245 - 1 02/02 D 1822 Tensile Impact Energy to Break Plastics and Electrical Insulating Materials D 5199 Standard Test Method for Measuring Nominal Thickness of Geotextile and Geomembranes NATIONAL SANITATION FOUNDATION Standard 54 Flexible Membrane Liners TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ii 1 TNRCC, 30 TAC Chapter 330 TNRCC, Liner Handbook MSW Permit 1.4 QUALITY ASSURANCE Texas Natural Resource Conservation Commission, Municipal Solid Waste Management Regulation. Liner Construction and Testing Handbook Published in accordance with 30 TAC §330.6, July 1, 1994. Owner's TNRCC MSW Permit. A. Manufacturing The Manufacturer shall be listed by the National Sanitation Foundation as having met Standard 54 for Flexible Membrane Liners, and 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. 01248001 GEOMEMBRANE LINER 02245 - 2 02/02 f 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. 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. 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. 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. 01248001 GEOMEMBRANE LINER 02245 - 3 02/02 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. PART 2-PRODUCTS 2.1 MATERIALS A. The geomembrane shall be High -Density Polyethylene. B. Gasket material shall be neoprene, closed cell medium, 3 inch thick, 50 foot lengths with adhesive on one side, or other compatible gasket materials as required. C. Metal battens or straps and hardware shall be stainless steel. D. Water cut-off mastic shall be a Neoprene Flashing Cement as supplied by the manufacturer or as required. E. Sealant shall be General Electric Silicone, RTV 103 or approved equivalent. F. 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. 01248001 GEOMEMBRANE LINER 02245 - 4 02/02 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 50,000 square feet of material shipped to site. 01248001 02/02 (This space intentionally left blank.) GEOMEMBRANE LINER 02245 - 5 TABLE 1 TYPICAL PROPERTIES: 60 mil, Smooth Liner TEST RESULTS Property Test Method Nominal"' Minimum (2) Thickness (mils) ASTM D 1593 60 54 Sheet Density (g/cc) ASTM D 1505 0.95 0.940 Melt Index (g/10 minutes) ASTM D 1238 0.20 0.40 (max) Carbon Black Content, (%) ASTM D 1603 2.5 2-3 Carbon Black Dispersion ASTM D 3015 A2 Al, A2, B 1 TENSILE PROPERTIES: 1) Tensile strength at yield, ppi ASTM D 638 165 138 2) Elongation at Yield, % (mod. per NSF Std. 54) 15 13 3) Tensile Strength at Break, ppi 285 240 4) Elongation at Break, (2.0" G.L.)% 900 750 (2.5: G.L.)% 720 600 5) Modulus of Elasticity, psi 110,000 80,000 Tear Strength, lbs. ASTM D 1004 50 45 Puncture Resistance, lbs. FTMS 101-2065 96 90 ASTM D 4833 126 120 Low Temperature Brittleness ASTM D 746 <-112 ° F <-94 ° F Environmental Stress Crack ASTM D 1693 2,000+ 2,000 Resistance, hours (Cond. B) Dimensional Stability, %) ASTM D 1204 0.5 1.0 SEAM PROPERTIES - Fusion Weld ASTM D 4437 1) Shear Strength, ppi (mod. per NSF Std. 54) 157 131 2) Peel Strength, ppi 10213) 86(3) SEAM PROPERTIES - Extrusion Weld ASTM D 4437 1) Shear Strength, ppi (mod. per NSF STD 54) 156 131 2 Peel Strength, ppi 102(3) 86(3) (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 01248001 GEOMEMBRANE LINER 02245 - 6 02/02 TABLE 2 TYPICAL PROPERTIES: 60 mil, Textured Liner TEST RESULTS Property Test Method Nominal Minimum Thickness, mils ASTM D 1593 60 54 Sheet Density, g/cc ASTM D 1505 0.95 0.940 Melt Index, g/10 minutes ASTM D 1238 0.3 0.40(max) Carbon Black Content, % ASTM D 1603 2.5 2-3 Carbon Black Dispersion ASTM D 3015 A2 Al, A2, B1 TENSILE PROPERTIES ASTM D 638 1) Tensile Strength at Yield, ppi. Type IV Specimem 140 126 2) Tensile Strength at Break, ppi at 2 inches/minute 135 100 3) Elongation at Yield, % 15 13 4) Elongation at Break "(2.0" G.L.)% 350 200 Tear Strength, lbs. ASTM D 1004 45 45 Puncture Resistance, lbs. FTMS 101-2065 85 75 ASTM D 4853 110 95 Low Temperature Brittleness ASTM D 746 <-1120 F <-94° F Environmental Stress Crack ASTM D 1693 2,000+ 2,000 Resistance, hours (Cond. B) Dimensional Stability, % ASTM D 1204 0.5 1.0 SEAM PROPERTIES - Fusion Weld ASTM D 4437 1) Shear Strength, ppi (mod. per NSF Std. 54) 133 120 2) Peel Strength, ppi 87 78 & FTB SEAM PROPERTIES - Extrusion Weld ASTM D 4437 1) Shear Strength, ppi (mod. per NSF Std. 54) 133 120 2) Peel Strength, ppi 87 78 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. 01248001 02/02 GEOMEMBRANE LINER 02245 - 7 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. 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. 2) Melt Index: ASTM D 1238. 2. Additives a. All additives and concentrates must pass a candidate pre -approval process. All incoming materials are to be statistically sampled with the following testing performed and compared to the manufacturer's specifications: 1) Density: ASTM D 1505. 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: Laboratory During Production 1. Sampling 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. 01248001 GEOMEMBRANE LINER 02245 - 8 02/02 2. Testing Requirements - Resin a. Specific Gravity/Density 1) Test Method ASTM D 1505 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 1) 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 1) Test Method ASTM D 1593 (Textured), ASTM D 5199 (Smooth) 2) Test Frequency Leading edge of each roll of material. 1 per 5 foot of edge width b. Density 1) Test Method ASTM D 1505 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 3015 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 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 FTM Std. 101 C, Method 2) Test Frequency 2065 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 01248001 GEOMEMBRANE LINER 02245 - 9 02/02 4. Reporting 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. Sampling Samples shall be taken at random from each batch. 2. Testing a. Soil Burial: ASTM D 3083 b. ESCR: ASTM D 1693 C. Low temperature: ASTM D 746 3. Reporting 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 detemuned by the installation supervisor. 01248001 GEOMEMBRANE LINER 02245 - 10 02/02 C. Geomembrane Protection Geomembrane will not be left exposed to weather for more than seven (7) consecutive calendar days. D. Factory Seam Quality Verifications 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, 19 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 jField 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 1 that day. All test seams shall be made at a location selected by the Engineer in the area of the seaming and ij 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 )I 01248001 GEOMEMBRANE LINER 02245 - 11 02/02 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 be accepted and shall not be used for seaming until the deficiencies are corrected and two consecutive successful full test seams are achieved. 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: (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. 01248001 GEOMEMBRANE LINER 02245 - 12 02/02 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 36 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: 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. 01248001 GEOMEMBRANE LINER 02245 - 13 02/02 _3 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. 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. 01248001 GEOMEMBRANE LINER 02245 - 14 02/02 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: 1. Installation is finished. 2. Verification of the adequacy of all field seams and repairs, including associated testing, is complete. 3. Written certification, including "as built" drawing(s), is provided by the Installer to the Engineer. 4. Documentation of completed installation, including all reports is complete. 5. Acceptance of "Flexible Membrane Liner Evaluation Report" by the TNRCC. 01248001 02102 END OF SECTION GEOMEMBRANE LINER 02245 - 15 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 NATURAL RESOURCE CONVERSATION COMMISSION TNRCC, 30 TAC Chapter 330 Texas Natural Resource Conservation Commission, Municipal Solid Waste Management Regulation TNRCC, Liner Handbook Liner Construction and Testing Handbook Published in accordance with 30 TAC §330.6, July 1, 1994 OWNER MSW Permit Owner's TNRCC MSW Permit 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. 01248001 PROTECTIVE SOIL COVER 02260 - 1 02/02 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. 01248001 PROTECTIVE SOIL COVER 02260 - 2 02/02 1 3.5 THICKNESS CONTROL i The thickness of the select -material subbase course shall be measured at intervals providing at least one measurement for each 5000 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 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. 3.6 PLACEMENT Contractor will take measures to protect the completed liner system after installation is complete. I 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 01248001 PROTECTIVE SOIL COVER 02260 - 3 02/02