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Resolution - 2009-R0312 - Contract - West Texas Paving Inc.- Lechate Evaporation Pond - 08/13/2009
Resolutiou No, 2009-80312 August 13, 2009 Item No. 5.16 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, Unit Price Construction Contract No. 9066 for West Texas Region Disposal Facility Leachate Evaporation Pond per ITB 409 -730 -BM, by and between the City of Lubbock and 'West Texas Paving, Inc. of Lubbock, 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 13th day of August '2009. TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONI ENT: J es oomis, Assistant City Manager Tr portation and Public Works APPROVED AS TO FORM: Aa'd/'Wekavcr,Assistant City Attorney vw/ccdocs/RES.Contract-West Texas Paving, Inc. August 4, 2009 Contract is viewable in the Office of the City Secretary No Text CITY OF LUBBOCK INVITATION TO BID FOR TITLE: WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND ADDRESS: 17304 North FM 2528 ABERNATHY, TEXAS ITB NUMBER: 09-730-BM CONTRACT NUMBER: 9066 PROJECT NUMBER: 92128 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Page Intentionally Left Blank City of Lubbock, TX Public Works Contracting Office Contractor Checklist for ITB # 09-730-BM Before submitting your bid, please ensure you have completed and included the following: Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number., 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your bid is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late bids will not be accepted. 5. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING 1. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or Print Company Name) Pan Intentionally Left Blank I INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROPOSED LIST OF SUB -CONTRACTORS 4. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when bids are due.) 4-1. FINAL LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS Pate Intentionally Left Blank fl I K Ulm Dow -.1113 Dial Page Intentionally Left Blank NOTICE TO BIDDERS ITB # 09-730-BM Sealed bids addressed to Bruce MacNair, Public works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1.00 P.M. on JULY 23 2009, 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: "WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Public works Contracting Officer and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Public works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 P.M.on JULY 23 2009, and the City of Lubbock City Council will consider the bids on AUGUST 13, 2009, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all 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 "A" or better. 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on JULY 9, 2009, 10:00 A.M., in the Abernathy Landfill office conference room, 17304 N. FM 2528, Abernathy, Texas (directions below), Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thereproductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. r, Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public works Contracting Officer of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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 require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Z woe MM%W. BRUCE MACNAIR PUBLIC WORKS CONTRACTING OFFICER Directions to pre -bid meeting: From Lubbock, travel north on I-27 to exit 14 (FM 1729), in front of New Deal School; turn left (west) at the stop sign; at first stop' sign turn right (north) on FM 2528, Landfill Office will be approximately six miles on the right. To search via Internet, look up the intersection of FM 597 and FM 2528. Office is on the southeast corner of the intersection. GENERAL INSTRUCTIONS TO BIDDERS Paie Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 P.M. on July 23, 2009 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB # 09-730-BM, WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Bruce MacNair, Public Works Contracting Officer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatory_pre-bid meeting will be held at JULY 9, 2009, 10:00 AM,_in the Abernathv Landfill office conference room, 17304 N. FM 2528, Abernathy, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the bidder, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock, shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB, documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public works Contracting Officer and a clarification obtained before the bids are received, and if no such notice is received by the Public works Contracting Officer prior to the opening of bids, then it shall be deemed that the bidder 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 bidder does not notify Public works Contracting Officer 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. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the t Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such _t information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 3 t. 1 7 LICENSES PERMITS TAXES t The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All 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. 11 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. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Public works Contracting Officer if any language, requirements etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 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, PUBLIC WORKS CONTRACTING OFFICER City of Lubbock Public Works Contracting Office 1625 IP Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: bmacnair i ,mylubbock.us Bidsync: www.bidsync.com 13 14 15 16 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within SIXTY (60) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the 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. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the y Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or i. any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 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. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 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. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. hi 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. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 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. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR 26 LABOR AND WORKING HOURS 26.1 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 bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates 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 the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on t-t weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 6 1 4 f i 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 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, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES 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. 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the 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. The bid shall be executed in ink. 29.3 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: 29.3.1 Bidder's name 29.3.2 Bid for (ITB#09-730-BM, West Texas Region Disposal Facility Leachate Evaporation Pond). 011 31 29.4 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. 29.5 Pursuant to Texas Local Government Code 252.043(g), 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. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 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. 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 bidder's bid may be deemed not to meet specifications or the bid may be rejected 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. (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. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 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 j discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items ONE through NINETEEN plus the sum of any Alternate Bids or Options the City may select. 32.2 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. 32.3 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. 32.4 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. 32.5 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. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY CONMT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.gpo.gov/davisbacon/allstates.httnl 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. IN BID SUBMITTAL FORM Pase Intentionally Left Blank C I BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: ITB- 09-730-BM - WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND Bid of � )�.$-17— 67Af: �F� UoWC' „L- N L (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and GentlemenE The Bidder, in compliance with your Invitation to Bid for the construction of a WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND having carefully examined the plans, specifications, instructions to bidders, notice,jo bidders and all other related contract documents and the site of the intended work, and being familiar with all of the'condi,tio�ns.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 bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying formsfgr performing and, completing the said work within the time stated and for the prices stated below. _. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 1 LS Mobilization cost (not to exceed 10% of bid price). TOTAL ITEM # 1: N /Ni5 7-0 0MA14iL&LAR S $2 b� t �}D l7. 7 ) (Unit Price Amounts shallab.e shown in both words and numerals. In case of discrepancy, the amo t shown in words shall govem.) 2. 1 LS Erosion Control. TOTAL ITEM #2: L=� %&( SAAJ-6 .6 OLt /A-A5 $_S4CR;' /LS( �DDD� ) (Unit Price Amount§ shall 1;lo, shown in both words and numerals. In case of discrepancy, the amount shown in words sh%a l lovem.) 3. 1,238 CY Excavation/Earthwork. C� TOTAL ITEM 9: It- Wj'AL1146 lb a 4. &--A A.$ $ l� /CY(� (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words s all govem.) 4. 1,014 CY Fill/Earthwork. TOTAL ITEM #4: r0 gA7Z9N /» I-14& $/JV /CY_(_ M ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall gov m.) L _ Bidder's Initials I Item Estimated No. Quantity & Unit Description of Item Total Amount 5. 26,634 SF Geosynthetic Clay Liner, furnished and installed. l �j.3 i `Q TOTAL ITEM #5: l '� t�N $ • 10 /Sw,47(� 70 �} (Unit Price Amounts shall be shown in both w ds and numerals. In case of discrepancy, the amount shown in words shall g vem.) 6. 51,264 SF Geomembrane Liner, furnished and installed. TOTAL ITEM #6: ,fit(/A/6 (e F% U4r' C etJiS $ /SF( (Unit Price Amounts shall be shown in b th words and numerals. In,Gase of discrepancy, the amount shown inwords shall govern.); . 7. 105 LF Sand Tube, complete in place. <<�� t TOTAL ITEM #7: (,U�Al w O X> D Lz Atis $ ; /LF(oC-3 10 `� } (Unit Price Amounts shall be shown in botlfwords and numerals. In case of discrepancy, the amount shown in words shall govem.) 8. 245 SY Reinforced Concrete Pavement, furnished and installed. Fes+ +� +�' � TOTAL ITEM #8: /V /N�TS� >f' l (l DOt &*X3 $7J /SY(1�+ ) (Unit Price Amounts shall be shown in both ords and numerals. In case of discrepancy, the amount shown in words shall vem.) 9. 1 LS Booted Pipe Penetration, furnished and installed. h TOTAL ITEM #9: ,Al(59 kf(4NDKKC® ,©D4(,A-RS $ ,5'bb /LS( Q ®' ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 10. 146 LF GSE Studliner, complete in place. z � TOTAL ITEM # 10: f'w E Lye .b-0 V(," F=4 107, $ /LF(175v4 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shill govern.) 11. I LS Seeding, complete in place. Y TOTAL ITEM #11: 7-bu4 70o u-yrib ftw-Ati«S $v1b00 /LS( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12. 376 LF Leachate Dual Containment Force Main. Piping, furnished and installed. eZ TOTAL ITEM #12: Pe Lh AO-f $ �a�~ /LF( Q (Unit Price Amounts shall be shown in oth words and numerals. In case of discrepancy, the amount shown in words shall vern.) 13. 1 EA 4-Inch Ball Valve, complete in place. . 2 A i < TOTAL ITEM # 13 : % V (5 © LL.-h QS $ S d d /EA( 5D D _ (Unit Price Amounts shall be shown in both words and numerals. in case of discrepancy, the amount shown in words shall govern.) ` Bidder's Initials 2 Item Estimated No. Quantity & Unit Description of Item Total Amount 14. 1 EA 3-Inch Ball Valve, complete in place. TOTAL ITEM#14: rCQA 14")ODRC'b Uawka-S $ 4-/DOar/EA( 0 ~ ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 15. 2 LF 4-inch Leachate Force Main Piping, complete in place. e� TOTAL ITEM #15: c5,C--JA6 ASV ,0 0 C.L-ItAJ $ 7 /LF( (Unit Price Amounts shall be shown in both word/and numerals. In case of discrepancy, the amount shown in words shall govern.) 16. 11 LF 3-inch Leachate Force Main Piping, complete in place. <. ♦o TOTAL ITEM #16: ty rl6l t� D 0LW*/1Lf $ /LF( �� + (Unit Price Amounts shall be shown in oth words and numerals. In case of discrepancy, the amount shown in words shall govern.) IT 14 SY Pavement Repair, complete in place. � Cm TOTAL ITEM # 17: % I�?y � �1-wC -l-S $ ✓ 0 /SY D (Unit Price Amounts shall be shown in both word and numerals. In case of discrepancy, the amount shown in words shall govern.) 18. 2 EA Pipe Support, complete in place. TOTAL ITEM # 18: Zl t nC CE J4 QN0 IZ6b 4'DLtA0 $ 3 Q01& /EA(6 D 6 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 19. 1 EA Pipe Hanger, complete in place. Vb TOTAL ITEM #19: %!S/ � �! Nip s �` ' '+�-S $ CJ/EA( (J v *0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BID, ITEMS #1- # 19: MATERIALS: a N>E #q-Utlo"o rAtgASA,*.z 641-C' Ls $ 105 Or o e!6/t-r y T+ua-T7rotA5A^a -r1(-^ `& /-,fupo ^n &0,A iLb LABOR: Ri,%s.-kw Fau,c-00Lr-AAJ v.'id/A. $ 38ti TOTAL BID';; ff KX A�+�p� 6y7' ?wo7'tEo tts�tMo 7KaE $ a " ITEMS # 1 - #19:`1 N�R>"D P R/6Jf-Ty fit! 2 if ��ya (Unit Price Amounts shall be shown in both/ords 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 a date to be specified in a written "Notice to Proceed" of the Owner andi.to substantially complete the project within 60 (SIXTY) WORKING 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 $25.00__(TWENTY-FIVE DOLLARS AND 00/100) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder's Initials 3 t Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned. Bidder hereby declares that he has visited the site of the work a_ nd ,has carefully examined the plans, specifications and contract documents pertaining to the work covered' by this bid, and he further agrees to r commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on t which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, .to submit a cashier's check or certified check issued by a bank satisfactory to the City of`L•ubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (1.0) business days after notice of award of the contract to him. Enclosed with this bid is a iTr Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agree ollected 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 ten (10) business 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 SUBMITTAL FORM PRIOR TO BID OPENING. (Sea] if Bidder is a Corporation) ATTEST: a4J Secretliry { Bidder acknowledges receipt of the following addenda Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Ad ress .... �:`-- Ci State Zip Code Telephoner - &O „ sro Fax: 56(. 86Z 7 -333rD FEDERAL TAX ID or SOCIAL SECURITY No. 7�c� ® z-- 94 fZ- M/WBE Firm: Woman lack American Native American Hispanic American Asian Pacific American Other (Specify) In CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid j_ 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 ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. U�A A B�A-/ZRf� c. l�i2r��t G✓w Cot r (Or' in 1 Signatu e) Contractor (Print) �^ CONTRACTOR'S FIRM NAME: 1� 6S7 l t!?qtts A'711- J Gc- (Print or Type) CONTRACTOR'S FIRM ADDRESS: P D Cc,- i.• Yf! 7 s Name of Agent/Broker: S�J! dti.0 Z&91't4tt#J% &# Agent / Broker (Signature) Address of Agent/Broker: City/State/Zip: 4- Agent/Broker Telephone Number: Date: 770pa--01 t t NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the City of Lubbock at (806) 775-2163. BID # 09-730-BM, WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND Page Intentionally Left Blank SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 212,0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. 1. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or. -institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid I� submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. et, 477 cIdD Bidder's Initials h_ , QUESTION TWO i Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such i firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, j suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO I/ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? / YES NO V If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepre^tations or omissions may cause my bid to be rejected. w-C Title IN BID # 09-730-BM, WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND A) (Type or Print Company Nam 2 1� i I U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty Inspection Number: 310690409 Inspection Dates: 04/10/2007 - 04/10/2007 ,aW Issuance Date: 04/ 12/2007 Company Name: West Texas Paving, Inc. Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 Citation 1 Item 1 Type of Violation: Serious 29 CFR 1926.21(b)(2): The employer did not instruct each em to ee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applica le to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury: Avenue R and 9th Street: On or about 4/10/07, employees were exposed to cave-in hazards while working inside an excavation that was between 8 and 14 feet in depth without employee protection systems in place. The employees were not trained on the hazards of excavations. Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: 04/214/200. Proposed Penalty: $ 15 .00 Citation 1 Item 2 Type of Violation: Serious �� 29 CFR 1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or fr m� or flying objects, or from electrical shock and burns: Avenue R and 9th Street: On or about 4/10/07, employees were exposed to overhead hazards while working inside an excavation that was between 8 and 14 feet in depth without wearing hard hats. The employees were not trained on the hazards of excavations. Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: 04/ 18/20 7 Proposed Penalty: $ 4 .00 See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 5 of 7 OSHA-2 (Rev. 9/93) U.S. Department of Labor Occupational Safety and Health Administration Inspection Number: 310690409 :�=01<<., InspectionDates: 04/ 10/2007 - 04/ 10/2007 iaq, p Issuance Date: 04/ 12/2007OUN el SATES Of Citation and Notification of Penalty Company Name: West Texas Paving, Inc. Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 (I — Type of Violation: Serious 29 CFR 1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person for evidence of a situation that could have resulted in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions: Avenue R and 9th Street: On or about 4/10/07, employees were exposed to cave-in hazards while working inside an excavation that was between 8 and 14 feet in depth without employee protection systems in place. Inspections were not made by a competent person to avoid excavation hazards on this jobsite. Note: Abatement certification and supporting documentation are required for this item Date By Which Violation Must be Abated: Proposed Penalty: 04/24/2007 $ 1 00 /o(Jn See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 6 of 7 OSHA-2 (Rev. 9/93) U.S. Department of Labor Occupational Safety and Health Administration Inspection Number: 310690409 , Q�M F Inspection Dates: 04/10/2007 - 04/10/2007 %af " WOO �c r� r 7a, Issuance Date: 04/12/2007 F;s ce TArcs Citation and Notification of Penalty Company Name: West Texas Paving, Inc. Inspection Site: Overton Park Project, 9th and Ave. R, Lubbock, TX 79401 V Citation 1 Ite Type of Violation: Serious 29 CFR 1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system designed in accordance with 29 CFR 1926.652(b) or (c): Avenue R and 9th Street: On or about 4/10/07, employees were exposed to cave-in hazards while working inside an excavation that was between 8 and 14 feet in depth without employee protection systems in place Employees were working without employee protection systems in place. Note: Abatement certification and supporting documentation are required for this item. Date By Which Violation Must be Abated: Proposed Penalty: 04/ 1 8'd v 7-* 4RICH�A�F.TAPIO Area Director See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 7 of 7 OSHA-2 (Rev. 9/93) SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Lj ►'1 tom'' -1 '. n P i e -f FEDERAL TAX ID or Signature of Company C Printed name of comcpaan, j Date Signed: '2-3 �o I BID # 09-730-BM, WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND (Type or Print Compan Name) 3 Page Intentionally Left Blank 9 0 N LIST OF SUB -CONTRACTORS 1. Company Name and City Eat- c o v Minority Owned Yes or No cam' ❑ 2. 3. 4 b W o ab Ctw5-r 0 N--' 4. 0 ❑ 5. ❑ ❑ 6. 0 ❑ 7. ❑ 0 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO BID # 09-730-BM, WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND W/' �. 6.5 T- 6 FA) Pft4;%,e (Type or Print Compan Name) Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank I Bond No.22771690 STATUTORY P y'Yy1EN'T BOND PURS EMIT TO S EC TION 2253.021(a) OF THE TEAS GOVER'V�1f?N i CODE (CO_N-TRACTS MORE THAN $25,000) K Oh'A7..T.1IEN BY THESE PRES ETS, that WEST TEXAS PAVING, INC{hereinafter cslted the Principai(s), as I'rincipal(s), and WESTERN SURETY COMPANY thcr:.inaftcr called the Surety(s), as Surety(,,), arc beid and firraly bound unto the City of T.ubbccl- (hereinafter called the ObliObligee), in the tunount of. . ee ��� 1 ki T_wo. 2orWniAlars ($18 ;awful money of the ge States for the paymeni caner H12nol.thc�i T' jan rety b n tbemsclve_s, and--thcir heirs, administrators, UnRudexecutors, successors and assig: s, jointly and severally, rrmly by these presents. �;vTIEREAS, the Princioal bas c itered izuo a certain written contract with the Obiigec, dated the 13-th day or August 2tlt)9.to West Texas Region Disposal Facility Leachate _ Evaporation Pond and slid i'rinrpz+l under the ;'1W is regttLcd before commencing the ki work provided for in said contract to cxecutc a bond in the arnourt of said contract which contract is hereby referred to and made a part hereof as fully and to Lje same extcnt as if copied at length herein. NO`'V, TNEREI.ORE, THE C01,41TDITION OF THIS OBLIGATION 1S SUCH, that if tL•e Said Principal .shall pay all claimants suppiyiitb labor and iruterial to 'trim subcontractor or a subcontctor in the proswution of the Nvork provided for in said contract, then, this obligation shall be void; oiberwisc to rc-rnain in full furce and effcct; PROVIDED, HOW`EVEP, that this bond is exe=ted pursuant to the provisions of Section 2253.021(a) of the Texas Covernment Code. aiad all liabilities on this bond shall bc' detcrnuncd in accordance with the provisions or. said A.rtide to the same extent as if it were co»ied at length herein. IN W'TTNTSS WZIERCOF, tno said Principal (s) and Surety (s) lu've signed and sQuIed this instrument this 17th day of August _2009• Western Surety Company West Texas Paving, Inc. Sure y (Company itiaT-, e'1 tTitic) Michael N. Rudberg, tty—in—Fact Presid The undersigned surge• company represents that it is duly qualified to do business in Tcxas, and hereby designates Bob Blackburn an agent resident in Lubbock County to whom any requisi_e notices may be delivered and on whorn senzce of process nLay be had in matters arising out of such suretvship. Western Surety Company Surety By. 4�_j (Title) Atty—in—Fact Approved as to form: City of k By: City Attorney * Note: If signed by an, officer of the Swrcty Company there must be on file a certified extract from the by-laws showing that tivs person has authority to sign such obligation. If signed by an Actomey in Fact, we must have copy of power of a.torncy for our files. i i 2 POWER OF ATTORNEY (Irrevocable) No, SP_ 2 2 7 716 9 0 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following THREE authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS JILL KRISTEN ALLEN MICHAEL NORMAN RUDBERG SUSAN E CRAIN i j in the City of State of with limited authority, its true and lawful Attomey(s) m act wit full power and authority hereby conferred, to stgn, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: BID, PERFORMANCE, AND/OR PAYMENT BOND, IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY DOES NOT EXCEED FIVE MILLION AND NO/100 DOLLARS (**5,000,000.00). ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of F E B R t t ,t R V , but until such time shall be irrevocable and in full force and effect. WESTERN SURETY COMPANY further certifies that the following is a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now in forte, to-wiu, "Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any, -Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The :signature ;of any such officer "and" the corporate seal may be printed by facsimile." The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or telegram signed by the UnderwritingManager, Underwriting Consultant, Underwriting Specialist, Underwriter, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western Surety Company specifically authorizing said increase. IN WITNESS -WHEREOF, Western Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 1 ith day of " December 2006 WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA - ss. By COUNTY OF MINNEHAHA Senior Vice Preside On this 11th day of December in the year 2006 , before me, a Notary Public, personally appeared Paul T. Bmflat, who being by me duly swum. acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. mew+ D.KRELL NOTARY PUBLIC i"� — SEAL SOUTH PUBLIC SEAL Notary Public, South Dakota My Commission Expires November 30, 2012 I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore. that Section 7 of the By -Laws of the company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this * 1 7 th day of August 2009 WESTER SURETY COMPANY *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. By Q Form 749.12-2006 Senior Vice Preside NOTICE: This border must be BLUE. If it is not BLUE, this :s not a certified copy. - 0 AAA SURETY COMPANY 2736 Valley View Lane, Suite 100 Farmers Branch, TX 76234 P.O- Sox 25405, Dallas, TX 75225 (972) 239-2663 Fax (972) 247-2663 TOLL FLEE (800) 490-3513 TO. Darleen (City of Lubbock) RECiplENTS FAX NO: 8 0 6/ 7 7 5 216 4 PHONE NO: FROM: MIKE RUDBERG/SUSAN CRAlN/TAYLER OWEN SENDER'6 FAA NO: (972) 247-2663 RE: West Texas Pav&ng, Inc . nATE: 8/24/09 NUMBER OF PAGES (Including this form): 3 1F XOU ENCOUNTER ANY PROBLEMS IN RECETVTNG- PLEASE CALL SENDER AT: (972) 239-2663 DARLEEN, PLEASE ACCEPT THE FOLLOWING BOND RIDERS CHANGING THE EFFECTIVE DATE TO; AUGUST 13TH, 2009, ON THE FOLLOWING PROJECTS, BOND NO 22771709, ASPHALT OVERLAY BOND NO. 22771690, WEST TEXAS DISPOSAL FACILTY EVAPORATION POND IF YOU HAVE ANY QUESTIONS, PLEASE DON'T HESITATE TO CALL. ' DLUbBE�vB r Western Surety Company RIDER To be attached to and form part of Bond No. 22771090 issued by Western Surety Company, dated the 17th day of August, 2 009 in behalf of (Principal) West Texas Paving, Inc. in favor of (Obligee) City of Lubbock (West Texas Diposal Facility Evaporation Pond1 In consideration of the premium charged, it is understood and agreed that effective from the13th day of August, 2009: Provided, however, that the liability of WESTERN SURETY COMPANY, under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than as stated above. Signed this 17th day of August, 2009. Accepted: WESTERN SURETY-CbmPANY Principal by by Michael N. Rudberg' PERFORMANCE BOND Paze Intentionally Left Blank Bond No. 22771690 S'i':ITL.rrORY PER.FORMA1vCE BOND PURSUANT TO ST'sCTION 225_ .021(a) OF '1 RF T --XAS GOVERNMENT CODE (CONTRACTS MORE '1 KA"N $100,000) ,KNOW ALL MEN BY 'THESE PRESENTS, tha: WEST TEXAS PAVING, INC . WESTERN SURETY COMPANY as Frinc;ipal(s), and ('terc�ina:ter called the Sure ry s), as Surd• (si, are cld and firmly bound unto the City of Lubioock (hereinaftcr Bailed the e Hunched i Tw4 o�� oltars 5182 385.40 lawful money of the Obligee), in the amount ofee Hundred , P1��y=Five &4Ua �� United Stutes for the payment whereof, the said rinctpal and Surety bind thensclvca; and thei, heirs, administrators, executors. successors and assigns, jointly and severally, firmly by thc.se prescntS. ._. W"HEREAS, tL•c Principal F^as entered into a cerra.n written contru� t with the Ob?zger, dated the � y of August 20{}9, tc� _West Texas Region Disposal Facility Evapor� =------------ ion Pond and said principal under the itL%v is rec{uir bcl'ore conimcncino the work: provided for in said contract to execute a bocd in Ene amourit of said contract which contract is hereby refcrrred to anti made a part hereof as fi1;y and to the sane extent r_s if copicxh at length hcrcin. NOW, THEREFORE , TilF, CONDITION OF O'BLIGIVrION IS SliCI .. that if the said Principal shall faithfully perform,,, erform,, the work in accordance with the plans, specifications and contract documents, then this obligation shall be void: o&,erwisi to remain in full force and etTec:. PROVID.E17, IIWVF-VER, that this bond is executed pursuant to the provisions of Scrtion 2253.021(a) of the '1'exas Goverrunent Code, and all liabilities on this bond shall be determincd in accordanc- with the provisions of said article to the same extent :es it it wc:e copied at lcagoth herein. 1N WrIN SIZ WHEREOF. Lhe said Principal (s) and Surety (s) have sigrZai and scaled this instrument this 17th day of August _, 2009. Western Surety Company S ure— e (L rtiC) Michael N. Rudberg, P_tty—in—Fact 0 West Texas Paving., Inc. (Company Namre) By; Presid__ 4 I I L I The .mdersig,ned suety company represents that it is duly qualified to do business in Texas, and hereby dcs:onna%_s Bob Blackburn an. agent resident in Lubbock County to whom anv requishe notices may be delivered and on whom senlce of process rnav be had in utattem arcing out of such su=.ysl-.ip. Western Surety Company S ",rety By; (Title) Atty—in—Fae Approved as to form: City of By: City AttorLey * Note: If signed by ar. officer of the Surety Company there must be on file a certified extract from the by-laws showing that thus person has aatbority to sign such obligation. If signed by an Attorney in Fact, we must havc copy of power of attorney for our files. 2 r CERTIFICATE OF INSURANCE Pan Intentionalty Left Blank I I DATE UDIM AVOW- CERTIFICATE OF LIABILITY INSURANCE 8/24/2009Y) PRODUCER (806) 792-5564 FAX: (806) 792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sanford & Tatum Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9 Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6303 Indiana Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 64790 Lubbock TX 79464 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:National American Ins. 366 West Texas Paving, Inc., DBA: Darrell Jarnagin INSURERB:Texas Mutual Insurance P.O. Box 64187 INSURER C: INSURER D: Lubbock TX 79464 INSURERE: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATEH REDUCE AI AD R TYPE OF INSURANCE POUCY NUMBER PDATEYM IDDmE DATE MWDD/Y) LIMITS rA GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES tEaEocccurrrence $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MPOS310242 1/5/2009 1/5/2010 MEDEXP (Any oneperson) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 X POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALLOVMIEDAUTOS SCHEDULED AUTOS MPOS310242 1/5/2009 1/5/2010 1XXXX BODILY INJURY (Per accident) $ HIREDAUTOS -0Ml NON�ED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN A S ANY AUTO $ AUTO ONLY: qGG EXCESSIUMBRELLA LIABILITY EACH QCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE RETENTION B WORKERS COMPENSATION AND X TAT - I OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 OFFICER/MEMBEREXCLUDED? TSF-0001129850 4/7/2009 4/7/2010 If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATK)NS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: WEST TEXAS REGION DISPOSAL FACILITY BK EVAPORATION POND CITY OF LUBBOCK, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS PRIMARY ADDITIONAL INSUREDS ON GL (INCLUDING PRODUCTS 6 COMPLETED OPERATIONS PER GL2045 1/03) 6 AUTO LIABILITY POLICIES WITH A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK ON WC, GL AND AUTO POLICIES. CITY OF LUBBOCK OFFICE OF PURCHASING P. 0. BOX 2000 LUBBOCK, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Douglas Sanford/TJM ACORD 26 (2001/08) © ACORD CORPORATION 1988 PilOGIZU-13 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). FOG&MC-\I' 1:4 7 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001 /08) page 2 of 2 INS025 (olos).osa ADDITIONAL NAMED INSUREDS NAME (First Named & Other Named insureds) Darrell Jarnagin Darrell Jarnagin Doing Business As Doing Business As OFAPPINF COPYRIGHT 2000, AMS SERVICES INC j DATE CERTIFICATE OF LIABILITY INSURANCE 8/117M/200 ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION =ILLILAND INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1800 E. 42ND SUITE 606 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. )DESSA, TX 79762 INSURERS AFFORDING COVERAGE - .i - - ,URED FALCON ENVIRONMENTAL LINING INSURERA: AMERICAN ECONOMY INSURANCE Co. SYSTEMS, INC. INSURER B: TEXAS MUTUAL INSURANCE COMPANY BOX 4306 INSURERC: AMERICAN INTIL ODESSA,TX 79760-4306 INSURERD: INSURER E: )VERAGES 3 HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING \NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE 2 POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR CONTRACTUAL PROP12105079 9-1-08 9-1-09 EACH OCCURRENCE ill 000,0 FIRE DAMAGE (Any one fire) $ 30 0 , 0 0 0 MED EXP (Any one person) $25,000 PERSONAL&ADVINJURY $1,000,000 POLLUTION * GENERAL AGGREGATE $2,0001,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02CE155699-3 1-30-09 1-30-10 COMBINED SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY I TSF0001181362 6-27-09 16-27-10 TORY LIMITS ER E.L. EACH ACCIDENT _...._..___.._. $�QQQfQQ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1 $ OTHER 3CRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1C, GEN'L LIAB AND AUTO POLICIES PROVIDE WAIVER OF SUBROGATION IN FAVOR OF .ERTIFICATE HOLDER. GEN'L LIAB AND AUTO POLICIES NAME CERTIFICATE HOLDER AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN.CONTRACT GR :RTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION WEST TEXAS PAVING BOX 64187 LUBBOCK, TX 7 94 64 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH E��.3 ETATI� _':ORD 25-S (7/97) 0 ACORD CORPORATION 1988 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ u Fire Damage (Any one Fire) $ Med Exp (Anyone Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. 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 (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year 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; t (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 I -A English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A i CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR l 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 512-305-7238 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 fling 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. Pase Intentionally Left Blank CONTRACT Paee Intentionally Left Blank CONTRACT # 9066 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of August, 2009, 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 West Texas Paving, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 09-730-BM, WEST TEXAS REGION DISPOSAL FACILITY LEACHATE EVAPORATION POND 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 Conditions of Agreement. West Texas Paving, Inc's bid dated July 23, 2009 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. f 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. CONTRACTOR: Ali.! ,_I W COMPLETE ADDRESS: Company V 4*14.1114 Address City, State, Zipgpd.,,7VA G h ATTEST: Corpora e Secretary t.3 CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: CQ 'Le"� , - City Secr tary City Attorney Pa$e Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank 1 9_ GENERAL CONDITIONS OF THE AGREEMENT l . 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- r partnership or corporation, to wit West Texas Paving. Inc. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative John Cobb. Landfill Manager, so designated who shall 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 shall 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 Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder 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 shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. i 8. 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. h 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 shall 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 3 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 snake 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall 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 shall 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 whenever Owner's Representative deems said lines and grades are r 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 shall 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 are 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. if 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. 18 19 20. 21 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. 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. 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 are 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. 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. 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 shall 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 shall 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 4 tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case'the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's 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, 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 jl 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." F- No claim for extra work of any kind shall 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 _1 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 1 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, 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 shall 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR A. C. E. F Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Heavy Equipment XCU (Explosion, Collapse, Underground) Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 Combined Single Limit, to include ANY AUTO, all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED Umbrella Liability Insurance - NOT REQUIRED Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 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. 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. r5 c ii 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 shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project.that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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; G. (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity m writing b certified mail or personal delivery, within 10 (fl fY g ty g Y p rY� days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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. 1 (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. € -t (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 t .i 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; 10 (_i (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (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: 11 `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES 1 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 r 4 Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor 12 z shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to 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 13 may withhold permanently from Contractor's total compensation, the sum of $25.00 (TWENTY-FIVE DOLLARS AND 00/1001 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as t_ herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the 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 r -i be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for E 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 14 1 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. I_ 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. 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 15 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 Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has- occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any `_ such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 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. 16 LA 1 1_ 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, 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 17 I become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed 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 have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in -i 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. 18 i j 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 i business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a 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 19 Iil , the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ' ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 DAVIS BACON WAGE DETERMINATIONS Pan Intentionally Left Blank I 1, I GENERAL DECISION: rX20080028 02/08/2008 zx28 Date: February 8, 2008 General Decision Number: zX20080028 02/08/2008 Superseded General Decision Number: zX20070028 State: Texas Construction zyD*o: Heavy and Highway Counties: Eotor, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in raxaa' uoavz (excluding tunnels a dams) and ozGeWar PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date O 02/08/2008 + SUcX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 O'OO Asphalt Heater Operator ''.',.'.$ 11.21 0'00 Asphalt paving machine oporator$ II'16 0.00 Asphalt Raker .................. $ 9.51 0'00 Broom or Svoapoz Operator ...... $ 8.57 O'UO Bulldozer operator ......''.'.$ 9.76 0.00 Carpenter ...................... $ I2.61 0.00 Concrete Finisher, Paving ...... $ 13'26 0'00 Concrete Finisher, 3tzooturoa..$ 11.20 0'00 Crane, ClamabeIl, oaokboe, Derrick, oraglioe, Shovel Operator ....................... $ I1'00 8.00 Electrician '''.''''''..'.'...'.$ I7.00 0.00 Form Builder/Setter, atzuntnzea$ 9'26 0.00 Form Setter, Paving a Curb ..... $ 9'82 0.00 Front End Loader Operator ...... $ 10.52 0'00 Laborer, common ................ $ 8.51 0.00 Laborer, Utility ............... $ 10,46 0.00 Mechanic ....................... $ I6'85 0.00 Motor Grader Operator Rough .... $ 11.75 0'08 Motor Grader Operator, Fine Grade .......................... $ I3'50 0.00 Planer Operator ................ $ I3'36 0.00 Roller Operator, Pneumatic, Self -Propelled ................. $ 7.67 0'00 Roller Operator, Steel Wheel, Flat Wheel/Tamping ............. $ 8'06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 7.50 0'00 Scraper Operator ............... $ 8.50 0.00 3ezvioez....................... $ 8,98 0.00 Slip Form Machine Operator ..... $ I3'64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... -------------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. FWashington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION I: 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 C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. I Patze Intentionally Left Blank I 8 SPECIFICATIONS Pate Intentionally Left Blank 1 Project Manual City of Lubbock, Texas West Texas Region Disposal Facility Leachate Evaporation Pond TCEQ MSW Permit No. 2252 June 2009 PSC Project #: 01448608 r our PARKHILLSMITH&COOPER l Project Manual City of Lubbock, Texas West Texas Region Disposal Facility Leachate Evaporation Pond TCEQ MSW Permit No. 2252 June 2009 PSC Project #: 01448608 ............................... HEATHER RAE KEISTER ............................... 100095_ PARKHILLSMITH&COOPER 6/41200q r a TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION 00805 Supplementary General Conditions........................................................................................... 6 DIVISION 1- GENERAL REQUIREMENTS 01010 Summary of Work..................................................................................................................... 2 01019 Contract Considerations............................................................................................................. 1 01025 Measurement and Payment........................................................................................................4 01039 Coordination and Meetings........................................................................................................ 2 01050 Field Engineering...................................................................................................................... 2 01300 Submittals.................................................................................................................................. 3 01400 Quality Control.......................................................................................................................... 2 01420 Reference Standards.................................................................................................................. 2 01500 Construction Facilities and Temporary Controls....................................................................... 3 01560 Environmental Protection.......................................................................................................... 6 01600 Material and Equipment............................................................................................................ 3 01 700 Contract Closeout...................................................................................................................... 3 DIVISION 2 - SITE WORK 02222 Excavating, Backfilling, and Compacting for Pavement and Liner Material ............................. 4 02240 Geosynthetic Clay Liner............................................................................................................ 8 02245 Geomembrane Liner................................................................................................................ 14 02665 Piping, Valves, and Miscellaneous Items.................................................................................. 6 DIVISION 3 - CONCRETE 03300 Cast -In -Place Concrete............................................................................................................ 14 DIVISIONS 4 —16 Not Used APPENDIX A Soil and Liner Quality Control Plan APPENDIX B Leachate and Contaminated Water Control Plan 01448608 TABLE OF CONTENTS PAGE - 1 06/09 SECTION 00805 SUPPLEMENTARY GENERAL CONDITIONS PART 1 - GENERAL The following paragraphs identify and describe changes to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "13. LINES AND GRADES", add a second paragraph as follows: All lines and grades (field surveys) furnished by the Owner's Representative are for initial construction layout and final construction verification. If a portion of the work fails and requires additional work by the Contractor, additional surveys will be provided by the Owner's Representative at Contractor's expense. The Contractor shall be billed directly for additional surveys by the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for additional surveys will result in a reduction of that amount from the final payment. l .1.2 General Conditions "21. OBSERVATION AND TESTING", add a fourth paragraph as follows: The Contractor shall pay all costs for pre -construction testing called for in the Technical Specifications and for all failing tests during construction. The Owner shall pay for all construction testing expect for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for failed tests will result in a reduction of that amount from final payment. 1.1.3 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT", delete the first paragraph of this section. 1.1.4 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: Delete the fourth sentence of the first paragraph, i.e., "The Contractor, his sureties... including attorney's fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents, including Engineer, and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and project which is the subject matter of this contract, on account of the failure ofthe Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, including Engineer, or employees including attorney's fees." 01448608 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 1 06/09 1.1.5 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first paragraph: "All insurance, as hereafter specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C. The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.6 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", modify as follows: Delete the last sentence of the paragraph, i.e., "without limiting, in any way, manner and form, the idemnity 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." 1.1.7 General Conditions "51. SPECIAL CONDITIONS", modify as follows: Delete the paragraph and replace it with the following: "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.2 ADDITIONAL PARAGRAPHS 1.2.1 General Conditions 58. CONSTRUCTION PROCEDURES AND SAFETY:" Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage, control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parties on the project and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor for precautions or programs. All of these matters shall be responsibility of the Contractor. Owner's Representative's and Engineer's monitoring or review of portions of the work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against all claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attorney's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, suppliers, their employees and agents, or any other person, arising out of or resulting from Contractor's responsibilities under 01448608 06/09 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 2 i' this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity is indemnified hereunder. Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or omissions. 1.2.2 General Conditions 59. RESIDENT PROJECT REPRESENTATIVE (RPRI: 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. E. Duties and Responsibilities of RPR: Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -site -operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. Shop Drawings and Samples: 1. Record date of receipt of Shop Drawings and samples. t1 2. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. - Advise Engineer and Contractor ofthe commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. 01448608 SUPPLEMENTARY GENERAL CONDITIONS 06/09 00805 - 3 r C. Review of Work, Rejection of Defective Work, Inspections and Tests: 1. Conduct on -site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 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. 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. 01448608 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 4 06/09 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. 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. Report immediately to Engineer and Owner upon the occurrence of any accident. H. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. I. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. J. Completion: Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. Conduct final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. 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: 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 i the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or A Contractor's superintendent. 01448608 SUPPLEMENTARY GENERAL CONDITIONS 00805 - 5 06/09 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 01448608 SUPPLEMENTARY GENERAL CONDITIONS 06/09 00805 - 6 SECTION 01010 SUMMARY OF WORK PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Owner occupancy. 1.3 RELATED SECTIONS A. Section 00700 - General Conditions. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas, West Texas Region Disposal Facility Leachate Evaporation Pond. B. Location: Lubbock, Texas, West Texas Region Disposal Facility, TCEQ MSW Permit No. 2252. C. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief description of the Project is as follows: 1. Leachate Evaporation Pond. a. Earthwork excavation and grading as shown on plans below existing grade. The soil from the excavated area is to be stock -piled and used to create the soil berms. b. Subgrade preparation to the lines and grades shown on the plans. C. Construction of the leachate evaporation pond, including installation of non - reinforced Geosynthetic Clay Liner, 60 mil high density polyethylene textured geomembrane liner, and soil berms. d. Trench excavation for Leachate force main. e. Construction of Leachate force main, including polyethylene pipe and gravel backfill. f. Connection to existing Leachate sump pumps to a new panel to include anew high level shut off sensor placed in the existing tank group. g. Installation of discharge pipe at Leachate evaporation pond. h. Construction of concrete cap at channel crossing. i. Pavement repair. j. Construction testing. 1.5 CONTRACTOR USE OF SITE A. Limit use of site to allow one Owner occupancy. 01448608 SUMMARY OF WORK 01010 - 1 06/09 B. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 1.6 PROTECTION OF EXISTING UTLITIES AND STRUCTURES The Contractor shall exercise care to prevent damage to, and shall be liable for any damage to, and for maintenance and protection of such lines and structures as are shown on the drawings or otherwise brought to the attention of the Contractor. The Contractor shall not cut, remove, change or disturb any existing lines, except as provided by the plans and these specifications, without the express permission of the Owner of any such line. Utility adjustments or relocations will be accomplished by the Owner of each utility, except for water and sewer or as otherwise shown on the drawings. 1.7 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 PART 3 - EXECUTION Not Used 01448608 06/09 END OF SECTION SUMMARY OF WORK 01010 - 2 SECTION 01019 CONTRACT CONSIDERATIONS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.3 RELATED SECTIONS A. Section 01300 - Submittals: Schedule of Values. B. Section 01600 - Material and Equipment: Product substitutions. 1.4 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreement. C. Waiver of liens from subcontractor. 1.5 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. C. All Change Orders must be approved and signed by Owner. Do not commence with work included in a Change Order until it has been approved and signed by the Owner. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01448608 CONTRACT CONSIDERATIONS 01019 - 1 06/09 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. All estimated quantities for unit price bid items stipulated in the bid proposal are approximate and are to be used (a) as a basis for estimating the cost of the work and (b) for the purpose of comparing the bids submitted for the work. The actual amount of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for unit price work and materials will be the actual amount of work done and materials installed as measured by the Engineer. All measurements and payments will be based on completed and accepted work performed in strict accordance [ with the Drawings and Specifications and in accordance with contract bid prices. All incidental work and subsidiary items whether shown or not or listed for measurement or payment will not be paid separately, but �- will be included in the payment for bid items stated in the contract and shall be full compensation for all labor, equipment, materials, testing and incidentals necessary to complete the work in accordance with the Contract Documents. Cost of work or materials shown on the Drawings, called for in the Specifications and on which no separate payment is made, shall be included in the bid price for the various items for which they are associated. A claim by the contractor for extra compensation for an item required but not shown on the Drawings or described in the Specifications will not be considered. 1. MOBILIZATION/DEMOBILIZATION Payment will be made for mobilizing and demobilizing all equipment, tools, insurance, bonds and all other job -related items to and from the job site. Price will be on a lump sum basis and shall include all equipment, labor, materials, superintendence and all incidentals necessary to become fully mobilized at the start of the project and demobilized when work is complete. Mobilization related expenses include Contractor's cost for the following: obtaining a construction staging area; obtaining storage areas for equipment and construction office facilities; obtaining and setting up construction office facilities; obtaining and paying for electric power required for construction; obtaining and paying for phone service during construction; providing sanitary facilities for construction personnel; obtaining and paying for water needed for construction; providing and maintaining dust control over the project working area; and all other incidentals required for Contractor to complete mobilization. This bid item shall not exceed 3% of the contract price. 01448608 MEASUREMENT AND PAYMENT 01025 - 1 06/09 2. 4. 6. 8. r7 EROSION CONTROL Payment will be made for providing, installing and maintaining erosion control measures as shown on the plans on a lump sum basis and shall include the following: preparation of a formal SWP3 Plan including preparation ofNOI and NOT at the end of the project; submitting and obtaining approval of the formal SWP3 Plan from the required governing agencies; furnishing, installing, and maintaining the approved SWP3 Plan complete for the duration ofthe project; implementing and maintaining best management practices and good -housekeeping for control of drainage run-off over the project area; silt -fences; soil stabilization; hay -bales; fiber rolls; and all other incidentals required for Contractor to complete and implement the SWP3 Plan requirements. EXCAVATION/EARTHWORK Payment will be made for excavation and earthwork to the lines and grades shown on the plans for construction of the leachate evaporation pond on a per cubic yard basis. FILL/EARTHWORK Payment will be made for fill and earthwork to the lines and grades shown on the plans and as specified for construction of the leachate evaporation pond on a per cubic yard basis. GEOSYNTHETIC CLAY LINER Payment will be made for providing and installing geosynthetic clay liner on the bottom and sideslopes of the leachate evaporation pond as specified on a per square foot basis. GEOMEMBRANE LINER Payment will be made for providing and installing the 60-mil textured geomembrane liner on the bottom and sideslopes of the pond as specified on a per square foot basis. SAND TUBE Payment for providing and installing the sand tubes on the pond sideslopes as shown on the plans. Price will include all materials, labor, equipment, and superintendence necessary to construct the sand tubes on a per linear foot basis. REINFORCED CONCRETE PAVEMENT Payment will be made for constructing the reinforced concrete pond bottom, access drive, and channel crossing as shown on the plans. Price will include all material, labor, equipment and superintendence necessary to construct the concrete pad as specified on a per square yard basis. BOOTED PIPE PENETRATION Payment will be made for providing and installing the pipe penetration and boot as specified on a per each basis. 01448608 MEASUREMENT AND PAYMENT 01025 - 2 06/09 7. 7 10. GSE STUDLINER Payment will be made for providing and installing the studliner product as specified and in locations shown on the plans, for the purpose of bonding the geomembrane liner to the concrete pond bottom on a per linear foot basis. 11. SEEDING Payment will be made for seeding disturbed areas following construction on a lump sum basis. 12. LEACHATE DUAL CONTAINMENT FORCE MAIN PIPING Payment for providing and installing the 4-inch HDPE encased in 8-inch HDPE (dual containment) leachate force main piping and dual containment fittings will be per linear foot of force main. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install and test the leachate discharge piping as shown on the plans. This will include all trenching, backfilling, and connection to existing pump. 13. 4-INCH BALL VALVES FOR LEACHATE LINES Payment for providing and installing the 4-inch ball valves at the specified locations in the leachate discharge lines will be on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the ball valves as shown on the plans. 14. 3-INCH BALL VALVES FOR LEACHATE LINES Payment for providing and installing the 3-inch ball valves at the specified locations in the leachate discharge lines will be on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the ball valves as shown on the plans. 15. 4-INCH LEACHATE FORCE MAIN PIPING Payment for providing and installing the 4-inch HDPE leachate force main piping and related fittings will be per linear foot. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install and test the leachate discharge piping as shown on the plans. 16. 3-INCH LEACHATE FORCE MAIN PIPING Payment for providing and installing the 3-inch HDPE leachate force main piping and related fittings will be per linear foot. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install and test the leachate discharge piping as shown on the plans, including connection to the existing pump. Price shall also include disconnecting the existing 200-foot, 3-inch diameter flexible hose from the existing pump, reconnecting it as shown on the plans, and testing it for water tightness. 01448608 MEASUREMENT AND PAYMENT 01025 - 3 06/09 17. PAVEMENT REPAIR Payment for repairing pavement section where leachate force main crosses cell access road as shown on the plans will be made on a per square yard basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to repair pavement. 18. PIPE SUPPORT Payment for providing and installing the pipe support structure will be made on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the pipe supports as shown on the plans. 19. PIPE HANGER Payment for providing and installing the pipe hanger will be made on a per each basis. Price shall include all equipment, labor, materials, superintendence and all incidentals necessary to completely install the pipe hanger as shown on the plans. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01448608 MEASUREMENT AND PAYMENT 01025 - 4 06/09 SECTION 01039 COORDINATION AND MEETINGS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Field engineering. C. Site mobilization conference. D. Preinstallation meetings. 1.3 RELATED SECTIONS A. Section 00700 General Conditions. B. Section 01019 Contract Considerations. C. Section 01050 Field Engineering. 1.4 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 Section in preparation for Substantial Completion. 1.5 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. 1.6 SITE MOBILIZATION CONFERENCE A. Engineer will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer and Contractor's Superintendent. C. Agenda: 1. Submission of insurance certificates. 2. Distribution of Contract Documents. 3. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 01448608 COORDINATION AND MEETINGS 01039 - 1 06/09 5. Scheduling. 6. Use of premises by Owner and Contractor. 7. Owner's requirements. V 1 8. Construction facilities and controls provided by Owner. 9. Temporary utilities provided by Owner. 10. Survey layout. 11. Security and housekeeping procedures. 12. Schedules and Coordination. 13. Procedures for testing. 14. Procedures for maintaining record documents. D. Record minutes and distribute copies within three days after meeting to participants with two copies to Engineer. 1.7 BI-WEEKLY MEETINGS A. Biweekly 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 ofthe meeting is to: I . 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. 6. Review of submittals schedule and status of submittals. 7. Maintenance of progress schedule. 8. Planned progress during succeeding work period. 9. Coordination of projected progress. 10. Maintenance of quality and work standards. 11. Review status of "as -built" drawings prepared by Contractor to ascertain that Contractor is keeping "as -built" drawings CURRENT. 12. Other business relating to Work. B. Record minutes, and distribute copies within three days to Engineer and other participants. PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION Not Used. END OF SECTION 01448608 COORDINATION AND MEETINGS 01039 - 2 _1 06/09 I[ SECTION 01050 FIELD ENGINEERING PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Survey Requirements - Owner. B. Survey Requirements — Contractor. C. Owner Option. 1.3 RELATED SECTIONS A. General Conditions of the Contract. B. Section 00805 — Supplementary General Conditions. 1.4 SURVEY REQUIREMENTS — OWNER A. The Owner will provide sufficient bench mark control on site for use by the Contractor. 1.5 SURVEY REQUIREMENTS - CONTRACTOR A. The Contractor will provide all equipment and personnel necessary for layout of the work and maintaining adequate survey control of the work. The Contractor will stake out all cut and fill control stakes as necessary to perform the work. B. The Contractor will make any and all surveys computations as are necessary to determine the quantities of work performed during each progress payment period. All field notes, books, cross sections, and other such records made by the Contractor shall be furnished to the Engineer for use in verifying the extent of completed work. 1.6 VERIFICATION SURVEY - OWNER A. The Owner may at any time provide a surveyor at Owner's expense for the purpose of verification of Contractor's pay request, or lines and grades of the work. Contractor will cooperate and allow Owner's surveyor access to project. 01448608 FIELD ENGINEERING 01050 - 1 06/09 i 1.7 SURVEY DATA — REQUIRED FORMAT A. Electronic data required — ASC II. B. ASC 11 format: Northing, Easting, Elevation. C. Horizontal Control: NAD 83 DATUM. D. Vertical Control: NGVD 1929. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01448608 FIELD ENGINEERING 01050 - 2 06/09 SECTION 01300 SUBMITTALS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 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. Test Reports. I. Manufacturers' instructions. J. Manufacturers' certificates. 1.3 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. 1.4 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. 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. 01448608 SUBMITTALS 01300 - 1 06/09 is H. At Engineer's option, submittals will not be individually marked, but will be reviewed using Engineer's standard submittal review form. I. Submittals not requested will not be recognized or processed. J. Format 1. Submit all submittals using an 8 'h x 1 I inch format. 2. For submittals larger than 8 '/2 x 11 inches, prefold to an 8 '/z x I 1 format. Submittals not pre -folded will be rejected. K. At Engineer's option, submittals will not be individually marked, but will be reviewed using Engineer's standard submittal review form. L. Copies Required: Number of copies Contractor requires plus three copies which will be r retained by Engineer. M. The submittal procedures described in this paragraph applies to the Construction Progress Schedule, Products List, Shop Drawings, Product Data, Manufacturer's Instructions and Certificates and any other type of submittal submitted to Engineer. 1.5 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. 1.6 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, including those required by Allowances. 1.7 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. 1.8 SHOP DRAWINGS A. Submit in a reproducible form. B. Drawing size shall be minimum 8 1/2 x 11 inches and maximum of 24 x 36 inches. 1.9 TEST REPORTS A. Submit for Engineer knowledge as contract administrator or for Owner. B. Submit test reports for information for limited purpose of assessing conformance with _ information given and design concept expressed in Contract Documents. ,1 sy J 01448608 SUBMITTALS 01300 - 2 06/09 �.l ( F I i 1.10 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. 1.11 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review. 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. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01448608 SUBMITTALS 01300 - 3 06/09 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance and control of installation. B. Tolerances. C. References. D. Inspection and testing laboratory services. E. Manufacturer's Field Services. 1.3 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. 1.4 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 t Engineer before proceeding. D. Perform work by persons qualified to produce workmanship of specified quality. E. Verify field measurements are as indicated on Shop drawing or as instructed by Manufacturer. 1.5 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers'tolerances. Should manufacturers'tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. C. Adjust products to appropriate dimensions; position before securing in place. G' f� �.v 01448608 QUALITY CONTROL 01400 - 1 06/09 1_ 1, F_ 1.6 REFERENCES A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of 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 of Contract Documents except where a specific date is established by Code. C. Obtain copy of standards when required by specification section. D. Neither contractual relationship, duties nor responsibilities of parties in Contract nor those of the Engineer shall be altered from Contract Documents by mention or inference otherwise in any reference document. 1.7 INSPECTION AND TESTING LABORATORY SERVICES A. Contractor will perform all testing services of subgrade, soil berms, force main crossing, and other items called for in other sections of the specifications. 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 PART 3 - EXECUTION Not Used END OF SECTION 01448608 QUALITY CONTROL 01400 - 2 06/09 SECTION 01420 REFERENCE STANDARDS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary General Conditions and Division I - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.3 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.4 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or other consensus 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. D. Maintain copy at jobsite during submittals, planning, and progress of the specific work, until Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding. F. The contractual relationship duties and responsibilities of the parties in Contract nor those of the Engineer shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.5 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W., Suite 249 Washington, DC 20001 www.ashto.org AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 01448608 REFERENCE STANDARDS 01420 - 1 06/09 Al Asphalt Institute Research Park Drive P.O. Box 14052 Lexington, KY 40512-4052 www.asphaltinstitute.org ANSI American National Standards Institute 1819 L. Street, N.W. Washington, DC 20036 www.ansi.or ASTM American Society for Testing and Materials 100 Barr Harbor Dr. West Conshohocken, PA 19428-2959 www.astm.ora NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC 20036 OSHA Occupational Safety and Health Administration (U.S. Department of Labor) Government Printing Office Washington, D.C. 20402 TCEQ Texas Commission on Environmental Quality Box13087 Austin, Texas 78711-3087 PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used 01448608 06/09 END OF SECTION REFERENCE STANDARDS (606)288-4960 (202) 293-8020 (601) 832-9585 01420 - 2 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. B. Temporary Controls: Barriers, storm water control, protection of the Work, and security. C. Construction Facilities: Progress cleaning and removal of utilities. 13 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01700 - Contract Closeout: Final cleaning. 1.4 CONSTRUCTION ENTRANCE A. Use of landfill operations entrance is permitted during construction. B. Contractor shall remove gates and return construction entrances to original condition upon completion of the project for any construction entrances installed to complete the project. Contractor will coordinate installation of construction entrances with the Owner and the Engineer prior to installation. 1.5 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. 1.6 TEMPORARY WATER SERVICE A. Contractor shall provide temporary water service for all purposes (potable and nonpotable). B. Owner will not pay cost of water used. Exercise measures to conserve water. C. Contractor must provide a means at Contractor's expense to pump the water from the source and load water transport vehicles. 01448608 CONSTRUCTION FACILITIES 01500 - 1 06/09 AND TEMPORARY CONTROLS 1.7 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. 1.8 BARRIERS/TRAFFIC CONTROL A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Furnish all necessary traffic control signs and flag personnel. The Contractor shall establish a parking area in a location approved by the engineer and Owner. C. Contractor is responsible for providing traffic control where disruption of normal landfill traffic occurs. 1.9 STORM WATER CONTROL A. Grade site to drain. Maintain excavations free of water. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. C. Protect all lining materials from water before, during, and after installation. 1.10 SECURITY/WORKING HOURS A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. Cost for security shall be included in bid price. B. The normal hours of operation for the landfill are from 7:00 a.m. to 5:30 p.m. Monday — Saturday, with waste acceptance ending at 4:00 p.m. The Contractor will be allowed to work beyond the landfill normal working hours of operation. The Contractor will be responsible for securing the site when doing so. 1.11 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose on existing working face at intervals as required to maintain clean site. 1.12 FIELD OFFICES AND SHEDS A. Office: Weather -tight, with lighting, electrical outlets, heating, cooling and ventilating equipment, and equipped with sturdy furniture drawing rack and drawing display table. B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures. 1.13 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities and materials as soon as permanent facilities can be utilized. B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated. 01448608 06/09 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 2 C. Clean and repair damage caused by installation or use of temporary work. D. 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 01448608 CONSTRUCTION FACILITIES 01500 - 3 06/09 AND TEMPORARY CONTROLS SECTION 01560 ENVIRONMENTAL PROTECTION PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 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 only. 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 1.3 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: Sewage. G. Wastes characterized as domestic sanitary sewage: Garbage. 1. Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. H. Oily Waste: Petroleum products and bituminous materials. 1.4 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 01448608 06/09 ENVIRONMENTAL PROTECTION 01560 - 1 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. Best Management Practices (BMP's) 1. Waste Materials All waste materials, including construction debris, shall be collected and stored in a securely lidded metal dumpster. No construction material shall be buried on site. The dumpster shall be emptied as necessary and the trash shall be hauled to a licensed landfill. 2. Hazardous Waste At a minimum, any products in the following categories shall be considered hazardous: Paint, acids for cleaning masonry surfaces, cleaning solvents, asphalt products, chemical additives for spill stabilization, curing compounds and additives. In the event of a spill which may be hazardous, the Contractor shall take immediate action and contact the fire dept. and TCEQ. 3. Sanitary Waste All sanitary waste shall be collected from the construction portable units as necessary or as required by a licensed sanitary waste management contractor. All waste material shall be the responsibility of the contractor. 4. Spill Prevention The following practices shall be used to reduce the risk of spills or other accidental exposures of materials to storm water runoff. a. Good Housekeeping 1) Store only enough products required to do the job. 2) Neatly store materials on -site in an orderly manner. 3) Keep products in their original container. 4) Do not mix substances with one another, unless otherwise recommended by the manufacturer. 5) Use entire contents of a product before disposing the container. 6) Follow manufacturer's recommendations for proper use and disposal. b. Hazardous Products: Practices used to reduce risks: 1) Keep products in their original container if at all possible. 2) Retain original labels, product information and material safety data sheets (MSDS). 3) Dispose surplus product in accordance with manufacturer's or local and state recommended methods. C. Petroleum Products: ' All on -site vehicles shall be monitored for leaks and receive regular preventive maintenance to reduce the chance of spills. Petroleum shall be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used on -site shall be applied according to the manufacturer's recommendation. 5. Spill Control Practices: ' a. Manufacturer's recommended methods for spill cleanup shall be clearly posted and site personnel shall be made aware of the procedures. b. Materials and equipment necessary for spill cleanup shall be kept in the material storage area on -site. C. All spills shall be cleaned up immediately after discovery. d. Spill area shall be well ventilated and appropriate clothing will be worn. e. Any spill shall be reported to the appropriate governmental agency. f. Measures shall be taken to prevent a spill from reoccurring. ; 01448608 ENVIRONMENTAL PROTECTION 01560 - 2 s 06/09 i' i_ 1 6. Maintenance and Inspection Procedures All pollution prevention measures shall be inspected at least once a month and following a storm event of 0.5 inches or more, best management practices and pollution control procedures shall be inspected for adequacy. A record of the result of the inspections of the site shall be kept on site. 7. Remarks Disposal areas, stockpiles, and haul roads shall be constructed in a manner that will minimize and control the amount of sediment that may enter receiving waters or streambeds. Construction staging areas and vehicle maintenance areas shall be constructed by the contractor in a manner to minimize the runoff of pollutants. B. Storm Water Pollution Prevention Plan (SWPPP) 1. If limits of disturbance exceed 1 AC, the Contractor is responsible for meeting requirements of TPDES. (Contractor shall develop SWPPP, file an NOI and implement - SWPPP measures). 2. A completed Construction Site Notice form in accordance with the requirements of the State's general permit for storm water discharges from construction sites will be prepared by the Contractor (where a SWPPP is required). 3. The SWPPP (where required) shall be continually updated as necessary to reflect current and changing conditions on site. Additional measures not specifically shown in the SWPPP may be used to control erosion from leaving the site. 4. The Contractor shall install erosion control measures prior to start of construction. All erosion control measures shall be inspected on a monthly basis or after every erodible rainfall (1 /2" or more). Any necessary repairs or cleanup to maintain the effectiveness of the erosion control shall be made by the Contractor at that time. 5. The Contractor shall file an NOT upon completion of construction and stabilization activities, prior to request for final payment. C. Perform a preconstruction survey of the project site with the Engineer to assess existing environmental conditions in and adjacent to the site. PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits ofpermanent 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. 01448608 ENVIRONMENTAL PROTECTION 01560 - 3 06/09 I_._ 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 a. 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 a. 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. 3. Temporary Construction a. 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 1. Oily Wastes a. 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 1. 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 r 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 I -£ 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. r� 3.3 EROSION AND SEDIMENT CONTROL MEASURES A. Bumoff 1. Burnoff of the ground cover is not permitted. 01448608 06/09 ENVIRONMENTAL PROTECTION 01560 - 4 B. Borrow Areas 1. 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 oftopsoil, and establishment of a permanent vegetative cover. - C. Protection of Erodible Soils I. 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 1. 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. 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 1. 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 1. Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 3.5 DUST CONTROL PLAN Contractor will be required to implement and follow a dust control plan for all operations associated with the project. These activities include, but not limited to excavation, hauling, stockpiling, filling, and compaction activities. The contractor must provide the proposed Dust Control Plan for approval by the Engineer before the start of any mobilization and field activities. Note prior to and during any high wind event, control measures must continue to be implemented as necessary to effectively minimize wind blown dust. The plan must address the following construction activities. A. Excavation And Earthmoving 1. Grading, Demolition, Weed Control a. Conduct watering as necessary to prevent or minimize visible emissions. b. Prewet site to depth of cut. C. Increase watering frequency over construction site during high wind conditions until there is no evidence of wind blown dust. 2. Trenching, Backfilling and Screening Operations a. Mist dust cloud from trench operations. b. Mist material that drops through screen. 01448608 ENVIRONMENTAL PROTECTION 01560 - 5 06/09 C. Keep a water truck or large water supply hose nearby to operations. d. Increase watering frequency over construction site during high wind conditions until there is no evidence of wind blown dust. B. Site Stabilization / Disturbed Surface Area 1. Temporary Stabilization a. Apply water to all areas at least twice daily until a crusted surface has formed. b. Apply either emulsion or chemical stabilizers to area. C. Install wind fences/barriers. 2. For Areas are not active for periods of 15 days. a. Apply dust suppressants to all disturbed areas to maintain stabilization. b. Apply water to all inactive disturbed areas at least twice daily until a crusted surface has formed. C. Install temporary coverings / enclosures if practical. 3. Open Storage Piles a. Apply either emulsion or chemical stabilizers to area. b. Apply water to the surface area of all open storage piles on a daily basis. C. c. Install temporary coverings / enclosures if practical. C. Material Handling and Hauling. _ 1. Material Loading a. Pre -wet material prior to handling or loading. b. Water / mist while loading to prevent or minimize visible emissions. 2. Hauling a. All haul trucks carrying bulk materials must be effectively covered with a tarp or suitable cover, or the load stabilized in such a manner that dust does not become air born in route. D. Roadways / Site Access Points. 1. Unpaved Haul / Access Roads / Equipment Paths. a. Apply emulsion or chemical dust suppressants to maintain surface stabilization. b. Water all surfaces as needed to prevent or minimize visible dust emissions. C. Restrict vehicle speed to 15 MPH in addition to the above. 2. Access Points. a. Install a stabilized construction entrance / coarse gravel pad. b. Install a wheel washer. C. Limit, restrict, reroute motor vehicle access. d. Vacuum or wet broom daily all visible track -out. END OF SECTION 01448608 ENVIRONMENTAL PROTECTION 01560 - 6 06/09 1 SECTION 01600 MATERIAL AND EQUIPMENT PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. 1.3 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control: Product quality monitoring. 1.4 PRODUCTS A. 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. B. Provide interchangeable components of the same manufacturer, for similar components. 1.5 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. 01448608 MATERIAL AND EQUIPMENT 01600 - 1 06/09 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. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. 8. Materials, products and equipment may be stored off site in a bonded and insured warehouse approved by the Engineer and Owner. Pay all costs incurred for off -site storage facilities. Products properly stored in off -site storage facilities may be included in progress pay request with written approval of the Engineer. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.6 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named in accordance with the following article. 1.7 EQUIPMENT LIST Submit in accordance with Section 01300 Submittals. 1.8 SUBSTITUTIONS A. Engineer will consider requests for substitutions only within 30 days after date established in Notice to Proceed. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 01448608 MATERIAL AND EQUIPMENT 01600 - 2 06/09 i S 4 i 5. Will reimburse Owner and Engineer for review or redesign services associated with re -approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01448608 MATERIAL AND EQUIPMENT 01600 - 3 06/09 t $.. s SECTION 01700 CONTRACT CLOSEOUT PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Hazardous materials affidavit. E. Project record documents. F. Operations and maintenance data. G. Warranties. H. Spare parts and maintenance materials. 1.3 RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.4 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. 1.5 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean equipment and fixtures to a sanitary condition. C. Replace filters of operating equipment. D. Clean debris from roofs, gutters, downspouts, and drainage systems. E. Clean site; sweep pave areas, rake clean landscaped surfaces. F. Remove waste and surplus materials, rubbish, and construction facilities from the site. G. Repair, patch and touch-up marred surfaces to match adjacent finishes. H. Clean ducts, blowers and coils if air conditioning units were operated during construction. I. Remove waste and surplus materials, rubbish, and construction facilities as directed by Engineer. 4 { 01448608 CONTRACT CLOSEOUT 01700 - 1 t 06/09 r 1.6 ADJUSTING ' A. Adjust operating products and equipment to ensure smooth and unhindered operation. 1.7 HAZARDOUS MATERIALS AFFIDAVITS A. Contractor, each subcontractor, and each material/product supplier to provide a notarized affidavit declaring that hazardous materials were not incorporated into construction of nor delivered to the Project. B. Hazardous materials include asbestos, lead polychlorinated biphenyl (PCB), prohibited termite eradication chemicals or any substance of any proportion determined or suspected by an agency of federal or state government to create a health hazard. C. Provide table of contents listing all affidavits in alphabetical order and assemble with metal prong binder in durable plastic presentation cover. D. Prepare binder cover with printed title "AFFIDAVITS OF NON -INCORPORATED HAZARDOUS MATERIALS", Title of Project, Project Address, Owner's Names, Address and Phone and date of Construction Completion. E. Provide two complete, identical binders of the aforementioned information in the prescribed format. F. Submit prior to final Application for Payment. 1.8 PROJECT RECORD DOCUMENTS A. Maintain on site, two sets of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract Drawings. 5. Changes made by addenda and modification. F. Submit documents to Engineer with claim for final Application for Payment. 01448608 CONTRACT CLOSEOUT 01700 - 2 06/09 1.9 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01448608 CONTRACT CLOSEOUT 01700 - 3 06/09 SECTION 02222 EXCAVATING, BACKFILLING, AND COMPACTING FOR PAVEMENT AND LINER MATERIAL PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SCOPE A. The work covered by this section of the specifications consists of all earthwork required to prepare ground surfaces upon which connects storm drainage channels, access ramps, leachate pond berms or other structures are to be constructed. The work shall include removal and disposal of any unacceptable or excess materials and any necessary dewatering or rock excavation. B. The Contractor shall furnish all materials, equipment, tools, labor, superintendence and incidentals required to perform the work as indicated on the drawings, as required by the Engineer, and as specified herein. 1.3 GENERAL A. This work shall be performed to prepare subgrade ground surfaces in areas where concrete structures are constructed or lining materials are installed. Preparation of the ground surfaces shall include all necessary grading excavating, filling, backfilling, borrowing and stockpiling of material, disposing of unacceptable or excess material, wetting, compacting, shaping and rolling. B. The work shall be performed to the dimensions, typical sections, and lines and grades indicated on the drawings or established by the Engineer and in accordance with these specifications. C. It shall be the responsibility of the Contractor to fully inform himself as to job site conditions and materials to be encountered prior to submitting his Proposal, and he shall include in that proposal all costs of such preliminary investigations, as well as all costs for performing the work covered by this section, including any necessary dewatering or rock excavation. D. The use of explosives in performing this work will not be permitted. 1.4 GRADING AND EXCAVATING A. This work shall consist of removing all materials to the dimensions, typical sections, lines and grades shown on the drawings or established by the Engineer. The work shall include removal of all materials encountered, regardless of their nature; removal of materials which are unsuitable for use in subgrades, fills and backfills; stockpiling of suitable soils for use in fills or backfills; and the satisfactory disposal of unsuitable soil, vegetation, debris, or -- any other deleterious materials encountered within areas of excavation. 01448608 EXCAVATING, BACKFILLING, AND 02222 - 1 06/09 COMPACTING FOR PAVEMENT AND LINER MATERIAL 1_ _: B. All areas involved in the construction shall be graded as shown on the drawings or as required by the Engineer. These areas shall be shaped to drain away from the construction area and shall be maintained free of trash and debris until final completion of the work. C. If unsuitable soils such as clay, or silty sands or trash are exposed at the depths to which excavation is required by the Contract Drawings, these unacceptable soils or trash will be removed as required by the Engineer. The full cost of excavation required to remove unacceptable materials and to fill in these areas with acceptable material shall be borne by the Contractor. D. The Contractor is encouraged to take any additional borings or obtain any other subsurface information which he may deem appropriate for preparing his proposal. E. Contractor may perform additional soils investigations, at the Contractor's expense, to ascertain whether removal of such undesirable soils may be required. F. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific written authorization of the Engineer. Unauthorized excavation, as well as remedial work performed outside of the contract limits, and not authorized by the Engineer, shall be at the expense of the Contractor. G. Prior to placement of fill or backfill, all excavations and potential fill materials shall be inspected and approved by the Engineer. Any existing material to be used for fill must meet requirements in Part 2 — Filling and Compacting of this section. The excavation shall be underlain by natural non -expansive soils and not by undesirable soil materials or clay soils. H. After excavation to the required subgrade elevation or prior to placement of fill, the upper 10 inches of the excavated area shall be scarified and shall be compacted to the density required in Part 2. FILLING AND BACKFILLING. 1.5 BORROW A. If sufficient suitable material is not available from the excavated areas at the job site, the Contractor shall provide additional suitable materials as required to complete backfills and to construct all fills to the typical sections, lines and grades shown on the drawings or established by the Engineer. Borrow material must meet requirements in Part 2 — Filling and Compacting of this section. The Contractor shall obtain the additional material from the owners of outside borrow areas. The Contractor shall be responsible for locating the sources of material and for obtaining the right to excavate and remove the material. All costs of providing the borrow material, including payment of royalties, developing the source of borrow, and excavating and hauling the material to the job site shall be paid by the Contractor at no cost to the Owner. PART 2 - PRODUCTS 2.1 GENERAL A. Filling and backfilling shall be performed as necessary to complete the preparation of ground surfaces to the typical sections and the lines and grades shown on the drawings or established by the Engineer. 2.2 MATERIALS A. Fill and backfill material shall be free of any organic or deleterious substances and shall not contain cobbles or lumps over three inches in greatest dimension. It shall contain not 01448608 EXCAVATING, BACKFILLING, AND 02222 - 2 06/09 COMPACTING FOR PAVEMENT AND LINER MATERIAL f is more than twenty percent by dry weight of material passing a No. 200 sieve. The fill material shall show low shrinkage or swelling when subjected to changes in moisture content, and its plasticity index shall not exceed twelve. B. Suitability of potential fill material shall be determined by grain size analysis and tests for liquid limit, plastic limit, and shrinkage performed in accordance with ASTM D 4318 and D 427, respectively. C. Soils at the site will be considered suitable for use as engineered fill, provided all of the above criteria are met. Under no circumstances shall rubble material, frozen soil, or deposits of clay be used to compromise any part of the engineered fill. Undesirable t materials encountered during excavation shall be wasted and disposed of at the Contractor's expense. All excess excavation that cannot be reused as backfill shall be disposed of at the Contractor's expense. D. No frozen material shall be placed in fills or backfills, and no material shall be placed and compacted during periods when freshly placed material would become frozen. 2.3 CONSTRUCTION METHODS A. The base of excavations shall be moistened and shall be compacted to a dry density which is not less than ninety five percent of maximum as determined by ASTM D 1557. Fill material shall be placed in lifts not to exceed eight inches (loose measure) in depth and then compacted. The moisture content of the material shall be uniform and within, plus or minus, two percent of optimum, as determined by ASTM D 1557. Water shall not be pooled or jetted onto the in -place fill, but should be distributed uniformly over its surface. B. Compaction of fill material shall only be with approved types of pneumatic or tamping equipment. Self-propelled or heavy-duty vibratory compaction equipment shall not be used adjacent to previously completed buildings or structures. Each lift of fill material shall be compacted to a dry density which is not less than ninety five percent of maximum as determined by ASTM D 1557. C. Control of filling operations shall consist of field inspection and testing to determine that each lift of fill has been compacted to the required density. Should any lift or portion of a lift not conform to density requirements, it shall be scarified, wetted and if necessary, re - compacted until the required density is obtained. 2.4 SUBGRADE A. After completion of excavation or filling and backfilling, the surfaces of the excavated or filled areas shall be prepared as subgrade for pavement or liner. The subgrade shall be the thickness shown on the drawings. Any clay encountered within two feet of any concrete structure or the pavement surface shall be removed and replaced with engineered fill. B. The subgrade shall be scarified, plowed or otherwise loosened; shall be wetted, shaped and rolled with approved rollers. The rolling shall be continued until a density of not less than 95 percent is obtained. The testing will be as outlined in ASTM D 1557; method to be selected by the Testing Laboratory and approved by the Engineer. C. When the required compaction is achieved the subgrade shall be finished to the lines and grades as shown on the plans or as required by the Engineer. The subgrade shall be kept in good condition as required until such time as the pavement sections, concrete structures, or liner are placed upon it. Periodic wetting of the subgrade will be required to maintain density and to keep down dust from traffic. The Contractor will ensure that the subgrade continues to maintain the same density as the day it passed, and remains finished to the lines and grades as shown on the plans and as required by the Engineer. Should these requirements not be maintained, the Contractor shall re-establish them at his own expense. 01448608 EXCAVATING, BACKFILLING, AND 02222 - 3 06/09 COMPACTING FOR PAVEMENT AND LINER MATERIAL 3 The above mentioned requirements pertain to all subgrade, intermediate levels of backfill, and Base Course upon commencement of the Paving. PART 3 - EXECUTION 3.1 PAYMENT A. Payment for work covered in this section shall be included in the Contractor's unit bid price per unit or shall be included in the lump sum price for job as indicated in the Proposal. Such payment shall be complete compensation for the complete performance of the work in accordance with the drawings and the provisions of these specifications. END OF SECTION 01448608 EXCAVATING, BACKFILLING, AND 02222 - 4 06/09 COMPACTING FOR PAVEMENT AND LINER MATERIAL SECTION 02240 GEOSYNTHETIC CLAY LINER PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Geosynthetic Clay Liner (GCL) B. Installation of GCL. 1.3 RELATED SECTIONS A. Section 02222 — Excavating, Backfilling, and Compacting for Pavement B. Section 02245 - Geomembrane Liner. C. Section 02246 - Geotextile Fabrics. 1.4 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 PETROLEUM INSTITUTE (API) STANDARDS API 13A/13B Fluid Loss of Bentonite Clays AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) STANDARDS ASTM D 2216 Laboratory Determination of Water (Moisture) Content of Soil and Rock ASTM D 4354 Standard Practice for Sampling Geosynthesis for Testing ASTM D 4632 Test Method for Determination of Water Content of Soil. ASTM D 5084 Standard Test Method for Measurement of Hydraulic conductivity of Saturated Porous Materials using a Flexible Wall Permeameter. ASTM D 5261 Measuring Mass per Unit Area of Geotextiles ASTM D 5321 Determining the Coefficient of Soil and Geosynthetic or Geosynthetic and Geosynthetic Friction by the Direct Shear Method ASTM D 5887 Test Method for Permeability of Geosynthetic Clay Liners 01448608 06/09 GEOSYNTHETIC CLAY LINER 02240 - 1 i for h Free Swell of Bentonite Clay ASTM D 5890 Test Method o the e y MSW Permit Owner's TCEQ, MSW Permit. SLQCP Owner's Soil and Liner Quality Control Plan (SLQCP) TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ Texas Municipal Solid Waste Regulations, 30 TAC Chapter 330 1.5 QUALITY ASSURANCE A. Manufacturing 1. The Manufacturer shall have at least four (4) years continuous experience in the manufacture of Geosynthetic Clay Liner (GCL) rolls and/or experience totaling 5,000,000 square feet of manufactured GCL. The manufacturer shall permit the Owner and the Engineer to visit the manufacturing plant. B. Installation 1. The installation contractor shall have successfully installed a minimum of 1,000,000 square feet of similar lining material in solid waste containment structures, and shall submit evidence of his ability and capacity to perform this work. The installation contractor can meet these criteria by teaming with a subcontractor who is identified in the bid along with the firm's experience. 2. 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, patching, testing, repairs, and all other activities by the Installer. This Installation Supervisor shall have installed or supervised the installation of a minimum of 1,000,000 square feet of GCL. 1.6 SUBMITTALS f- l A. Manufacturer _a 1. Quality control program and manual, or descriptive documentation. 2. List of material properties and samples of GCL, including data pertaining to typical interface friction angles for the various products. 3. A list documenting no less than 5 completed facilities totaling a minimum of 1,000,000 square feet. 4. Copy of quality control certificates in conformance with Sections 2.4 and the SLQCP. B. Installation Contractor -' 1. Certification that the Installation Supervisor for the installer has reviewed the Quality Assurance Plan, the Project Plans, and these specifications. 2. A list of at least 5 completed facilities, totaling a minimum of 1,000,000 square feet for _ which the Contractor has installed a GCL. i 7 01448608 GEOSYNTHETIC CLAY LINER 02240 - 2 06/09 Fz ` I i...s 3. Proposed Installation Panel layout identifying seams and details. 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 r shall provide that: a. Seams run up and down slopes. b. Field seam lengths are to be minimized. C. GCL shall not have any penetrations. 4. Written certification that Installer is capable of performing all necessary construction testing as required by the TCEQ. 5. 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 GCL installation and will be accepted/rejected by the Engineer prior to start of installation activities. 1.7 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 1. Furnish a written 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 normal weather aging. The warranty shall be limited to replacement of material only, and shall not cover installation. B. Installation Contractor 1. Furnish a written warranty that the entire lining installed to be free of defects in material and workmanship and installed pursuant to the Owner's "Soil and Liner Quality Control Plan" (SLQCP) for a period of 2 years following the date of the Certificate of Completion. The Contractor shall agree to make any repairs or replacements made necessary by defects in materials or workmanship which become evident during the 2 year warranty period. 1.8 DELIVERY, STORAGE AND HANDLING A. Transportation 1. The GCL rolls or panels shall be packaged individually, in relatively impermeable and opaque protective covers, and shipped by appropriate means so that no damage is caused. Tears in the protective covers shall be repaired immediately. Transportation shall be the responsibility of the Installer. B. Delivery 1. Off-loading and storage of the GCL rolls 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 ofthat material has been determined by the Owner's Representative. The Owner's Representative will be the final authority on determination of damage. 01448608 GEOSYNTHETIC CLAY LINER 02240 - 3 06/09 : C. On -Site Storage 1. The GCL material shall be stored in accordance with the Manufacturer's recommendation, so as to be protected from puncture, dirt, grease, water, moisture, mud, mechanical abrasions, excessive heat, or other damage. 2. The rolls shall be stored on a prepared surface (not wooden pallets). Geomembranes consisting of bentonite supported by geotextiles shall not be stacked more than four rolls high or as recommended by the manufacturer. Geomembranes consisting of bentonite supported by geomembranes shall not be stacked more than two rolls high or as recommended by the manufacturer. PART 2-PRODUCTS 2.1 MATERIALS A. The GCL shall consist of natural sodium bentonite encapsulated between two polypropylene geotextiles or natural bentonite adhered to a geomembrane. B. Accessory bentonite for seaming and detail work shall be the same material as in the GCL sheets and shall be as recommended by the manufacturer. C. Geotextiles will consist of woven or non -woven materials. On side slopes, at least one side of GCL must be made of non -woven material. D. On side slopes steeper than seven horizontal to one vertical (7:1), GCL must be reinforced by either needlepunching or lock -stitching for internal shear strength reinforcement. E. GCL used on side slopes shall have a coefficient of friction of GCL to the subgrade soil of not less than 22°, and will have a coefficient of friction of GCL to the Textured HDPE of not less than 22°. 2.2 RAW MATERIALS The GCL shall be manufactured of new, first -quality products and shall be manufactured specifically for the intended purpose. 23 ROLLS A. The GCL shall be supplied in rolls with a minimum width of 15 feet. Labels on each roll shall identify the following: 1. Manufacturer 2. Product Identification 3. Roll Number 4. Roll Dimensions 5. Roll Weight B. The roll length shall be maximized to provide the largest manageable sheet for the fewest field seams. C. Manufactured GCL sheets shall be constructed such that bentonite will not be displaced during transportation, storage and installation. 01448608 GEOSYNTHETIC CLAY LINER 02240 - 4 06/09 3 r i_; 2.4 MANUFACTURER'S CERTIFIED TESTING A. Material,Testing 1. Prior to use, the material shall be certified in writing by the manufacturer. The certificate must include roll identification number, testing procedure and test results. Report the following parameters: TABLE 1 BENTONITE MATERIAL Property Test Method Value Unit Frequency Free Swell ASTM D 5890 24 min. ml/2g once every 50 tons Fluid Loss ASTM D 5891 18 max. ml once every 50 tons TABLE 2 GEOTEXTILE MATERIAL Property Test Method Value Unit I Frequency Woven Mass/Unit Area ASTM D 5261 3.0 min ozlyd2 1/200,000 ft.2 Nonwoven Mass/Unit Area ASTM D 5261 6.0 min OZfyd2 1/200,000 ft.2 Woven Grab Tensile ASTM D 4632 100 lbs 1/200,000 ft.' Nonwoven Grab Tensile ASTM D 4632 125 lbs 1/200,000 ft.2 TABLE 3 BENTONITE/GEOTEXTILE COMPOSITE MATERIAL Property Test Method Value Units Frequency Clay Mass/Unit Area ASTM D 5993 (1) 0.8 min psf 40,000 ft.2 (2) Permeability (5 psi) ASTM 5084 5.Ox10"9 max cm/sec (2) Grab Tensile ASTM D 4632 90 lbs. 1/200,000 ft.3 (1) Measured at 0% dry moisture content (2) Follow ASTM D 4354 Procedure A (3) One per week per production line B. Quality Control Inspection 1. For needle -punched GCL, manufacturer must provide written certification that material is "needle free" by continuous inspections for the presence of broken needles using a metal detector. 01448608 06/09 GEOSYNTHETIC CLAY LINER 02240 - 5 to the direction of maximum E at all possible. However, if ength of roll that the GCL 3roject, seams along the face -ircumstances: e Design Engineer will be ,id phase of the project. slopes, the manufacturers of :ontractor, the Geotechnical ew the situation and make method and the entire lining (3) feet with uppermost panel hesive will be applied in the own. the same material extending at itonite shall be added to the kdhesive of the type approved ;ement of overlying materials. ie GCL until acceptance by the wing conditions are met: irs is complete. provided by the Installer to the reports is complete. 1e TCEQ. 02240 - 8 s T M � of `act; 1� g , n� er tY A stet 1 sprinted on both edges of the upper geotextile fabric for bentonite/geotextile providing quality assurance of the overlap being within manufacturer's ,s shall be printed such that they are easily visible and at lap distances anufacturer. An additional line 12-inches from the edge will be included for ection lines. wrane GCLs, the overlap over the bentomite coating will be a minimum of six verlapped a minimum of 12 inches at leachate collection sumps. SPECIFICATIONS - Upon delivery to the installation site, test samples shall be obtained by the conformance to project plans and specifications as well as manufacturer's nples shall be taken from selected rolls by removing the protective cover and lth, three (3) feet long strip. One revolution of the GCL may be discarded sample. The sample roll shall be rewrapped and stored with other rolls. The 1 be identified by type, style, lot and roll number. The machine direction shall ,aterproof marker. sting all be tested by Owner for conformance with the properties shown in Table 4, TABLE 4 GCL ON SITE CONFORMANCE TESTS Test Method Value Unit Frequency ASTM D 5084 5.0x107max cm/sec I/100,000 ftz (2) ASTM D 5993 0.8 min psf 1/100,000 ft2 tl) ASTM D 5321 22 degrees one ce) ASTM D 5321 22 degrees (2) D 4354 Procedure A ,pe I- ,SUBMITTALS for submittal information on direct shear requirements. ,11 Contractor shall provide written documentation that the surfaces to receive ;pc A and are acceptable for installation of the lining. Acceptable surface lescribed in Section 02222, EXCAVATING, BACKFILLING, AND V EMENT and in the SLQCP with no excessive cracking (defined as cracks 1h d 12-inches in length). GEOSYNTHETIC CLAY LINER 02240 - 6 r SECTION 02245 GEOMEMBRANE LINER PARTI-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. High Density Polyethylene (HDPE) geomembrane liner (GML). B. Installation of HDPE GML. 1.3 RELATED SECTIONS A. Section 02240 - Geosynthetic Clay Liner. B. Section 02246 - Geotextile Fabrics. 1.4 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 751 Standard Test Methods for Coated Fabrics D 792 Standard Test Methods for Density and Specific Gravity (relative density) of Plastics by Displacements D 1004 Initial Tear Resistance of Plastic Film and Sheeting D 1238 Flow Rates of Thermoplastic by Extrusion Plastometer D 1505 Standard Test Method for Density of Plastics by the Density -Gradient Technique D 1603 Carbon Black in Olefin Plastics D 3015 Standard Practice for Microscopical Examination of Pigment Dispersion in Plastic Compounds D 4437 Standard Practice for Determining the Integrity of Field Seams Used in Joining Flexible Polymeric Sheet Geomembrane. 01448608 GEOMEMBRANE LINER 02245 - 1 06/09 1.5 D 4833 Standard Test Method for Index Puncture Resistance of Geotextiles, Geomembrane, and Related Products. D 5199 Standard Test Method for Measuring Nominal Thickness of Geotextile and Geomembranes D 5321 Standard Test Method for Determining the Coefficient of Soil and Geosynthetic or Geosynthetic and Geosynthetic Friction by the Direct Shear Method D 5397 Standard Test Method for Evlauation of Stress Crack Resistance of Polyolefin Geomembranes using Notched Constant Tensil Load Test. D 6693 Tensile Properties of Plastics NATIONAL SANITATION FOUNDATION GRI GM 13 HDPE Liners CHIN210 MSW Permit Owner's TCEQ, MSW Permit. SLQCP Owner's Soil and Liner Quality Control Plan (SLQCP) TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ Texas Municipal Solid Waste Regulations, 30 TAC Chapter 330 QUALITY ASSURANCE A. Manufacturing 1. The Manufacturer shall have at least five (5) years continuous experience in the manufacture of HDPE geomembrane rolls and/or experience totaling 10,000,000 square feet of manufactured HDPE geomembrane. The manufacturer shall permit the owner and the Engineer to visit the manufacturing plant. B. Installation 1. The installation contractor shall be the manufacturer or an approved contractor trained and licensed to install the manufacturer's geomembrane. 2. 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. 01448608 GEOMEMBRANE LINER 02245 - 2 06/09 i 1.6 SUBMITTALS A. Manufacturer 1. Quality control program and manual, or descriptive documentation. 2. List of material properties and samples of liner. 3. A list documenting no less than 5 completed facilities totaling a minimum of 2,000,000 square feet. 4. Certification that all resin used in the manufacture of geomembrane for this job meets the specifications. 5. Copy of quality control certificates issued by the HDPE resin supplier. 6. Copy of quality control certificates in conformance with Sections 2.2 and 2.5. 7. Certification that the geomembrane and extrudate produced for this project have the same properties. B. Installation Contractor 1. Certification that both the Installation Supervisor for the installer and the Master Seamer have reviewed the Quality Assurance Plan, the Project Plans, and these specifications. 2. Three (3) samples of factory seams, ifapplicable. 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: I ) 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 TCEQ. 6. Any proposed variance or deviation from these documents shall be submitted in writing by the Installer to the Engineer a minimum of seven (7) working days prior to the scheduled start of geomembrane installation and will be accepted/rejected by the Engineer prior to start of installation activities. C. Materials 1. Submit samples as required in SLQCP. 1.7 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 1. 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. 01448608 GEOMEMBRANE LINER 02245 - 3 06/09 1 ll B. Installation Contractor the entire lining 1. Furnish a written warranty that g installed to be free of defects in material and workmanship and installed pursuant to the City of El Paso - Clint Landfill "Soil and Liner Quality Control Plan" (SLQCP) for a period of 2 years following the date of the Certificate of Completion. The Contractor shall agree to make any repairs or replacements made necessary by defects in materials or workmanship which become evident during the 2 year warranty period. 1.8 DELIVERY, STORAGE AND HANDLING A. Transportation 1. 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 1. 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 1. The geomembrane shall be stored so as to be protected from puncture, dirt, grease, water, moisture, mud, mechanical abrasions, excessive heat, or other damage. 2. 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. Textured HDPE will have a coefficient of friction of GML to the geocomposite clay liner and geocomposite drainage layer of not less than 220. 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 (min 2% per ASTM D-1603) 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 21.5 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 01448608 GEOMEMBRANE LINER 02245 - 4 06/09 ( 3 i The geomembrane rolls shall meet the properties shown on Table 1 for smooth membrane material, and Table 2 for textured membrane material. Prior to use, the material shall be certified in writing by the manufacturer to meet the minimum physical properties shown on Tables 1 and 2. The certificate must include roll identification number, testing procedure and test results. Test results are required for every 100,000 square feet of material, every resin lot, or as required by SLQCP. TABLE 1 TYPICAL PROPERTIES: 60 mil, Smooth Liner TEST RESULTS Property Test Method Nominal") Minimum (2) Thickness (mils) ASTM D 5199 60 54 Sheet Density (g/cc) ASTM D 10792 0.940 Melt Index (g/10 minutes) ASTM D 1238 < 1.0 Carbon Black Content, (%) ASTM D 1603 2-3 Carbon Black Dispersion ASTM D 5596 4) TENSILE PROPERTIES: 1) Tensile strength at yield, ppi ASTM D 638 TY IV 130 2) Elongation at Yield, % (mod. per NSF Std. 54) 13 3) Tensile Strength at Break, ppi 243 4) Elongation at Break, (2.0" G.L.)% 700 Tear Strength, lbs. ASTM D 1004 42 Puncture Resistance, lbs. ASTM D 4833 120 Dimensional Stability, (%) ASTM D 1204 SEAM PROPERTIES - Fusion Weld ASTM D 6392 1) Shear Strength, ppi 121 2) Peel Strength, ppi 98 SEAM PROPERTIES - Extrusion Weld ASTM D 6392 1) Shear Strength, ppi 121 2) Peel Strength, ppi 78 (1) Nominal values, are average lot property values. (2) Minimum values, unless otherwise specified, are the average roll values as reported by the specified test method. (3) Film Tear Bond (4) 9 of 10 Views in Categories 1 or 2 and 1 of 10 views is Category 3. 01448608 GEOMEMBRANE LINER 02245 - 5 06/09 TABLE 2 TYPICAL PROPERTIES: 60 mil, Textured Liner TEST RESULTS Property Test Method Nominal Minimum Thickness, mils ASTM D 5994 60 54 Sheet Density, g/cc ASTM D 1505 / D 792 0.940 Melt Index, g/10 minutes ASTM D 1238 <1.0 Carbon Black Content, % ASTM D 1603 2-3 Carbon Black Dispersion ASTM D 5596 (1) TENSILE PROPERTIES ASTM D 638 1) Tensile Strength at Yield, ppi. Type IV 126 2) Tensile Strength at Break, ppi (mod per NSF Std. 54) 90 3) Elongation at Yield, % 4) Elongation at Break "(2.0" G.L.)% 13 150 Tear Strength, lbs. ASTM D 1004 42 Puncture Resistance, lbs. ASTM D 4833 95 Dimensional Stability, % ASTM D 1204 SEAM PROPERTIES - Fusion Weld ASTM D 6392 1) Shear Strength, ppi 120 2) Peel Strength, ppi 78 & FTB SEAM PROPERTIES - Extrusion Weld ASTM D 6392 1) Shear Strength, ppi 120 2) Peel Strength, ppi 78 (1) 9 of 10 Views in Categories I or 2 and 1 of 10 Views in Category 3. 2.4 FIELD SEAMS The field seams shall be tested as follows: A. Shear seam specimens are I 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 allon-FTB (failure) in both seam strength (shear) and peel strength tests. C. Approved field seaming processes are hot shoe fusion welding and extrusion welding. D. Welding rods or beads used for extrusion welding shall be HDPE and the physical properties shall be the same as those of the resin used in the manufacture of the HDPE geomembrane. 01448608 GEOMEMBRANE LINER 02245 - 6 06/09 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 / D 792. 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. Inspection a. Performed on each roll. 1) Thickness (a) A full width sample shall be cut from the end of each roll, and thickness shall be checked across the entire sample. 2) Appearance (a) Constant monitoring of: (1) Sheet surface appearance. (2) Knife -cut edge. (3) Folds, holes, creases, abrasions, or other damage. 2. Roll Identification a. The Q.C. Engineer controls all paperwork, including roll tags. Four tags per roll shall be used on the following: I ) Inside the core. 2) On the production roll sample. 3) On the roll surface. 3. Out -of --Spec. Material a. Any roll not meeting the specification for any of the above inspections shall be placed on hold. C. Finished Product: Post Production 1. Sampling a. Test samples shall be obtained from the rolls of material to be delivered to the site for conformance testing. The samples shall be tested for the following requirements at the rates specified. 2. Testing Requirements - Resin a. Specific Gravity/Density 1) Test Method: ASTM D 1505 / D 792. 2) Test Frequency: Not less than 1 test per100,000 square feet with not less than I test per resin lot. 01448608 GEOMEMBRANE LINER 02245 - 7 06/09 _a 1 b. Melt Flow Index 1) Test Method: ASTM D 1238. 2) Test Frequency: Not less than I test per 100,000 square feet with not less than 1 test per resin lot. 3. Testing Requirements - Finished Product a. Thickness I ) Test Method: ASTM D 5994 (Textured), ASTM D 5199 (Smooth). 2) Test Frequency: 1 per 100,000 ft.2 and I test per resin lot. b. Density 1) Test Method: ASTM D 1505 / D 792. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. C. Carbon Black Content 1) Test Method: ASTM D 1603. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than 1 test per resin lot. 3) Minimum Number of Tests: 4. d. Carbon Black Dispersion 1) Test Method: ASTM D 5596. , 2) Test Frequency: Not less than I test per 100,000 square feet with not less than I test per resin lot. 3) Minimum Number of Tests: 4. e. Tensile Properties I) Test Method: ASTM D 638 (NSF 54 Modified). 2) Test Frequency: Not less than I test per 100,000 square feet with not less than I test per resin lot. 3) Minimum Number of Tests: 4. ,a f. Puncture Resistance 1) Test Method: D 4833. 2) Test Frequency: Not less than 1 test per 100,000 square feet with not less than one test per resin lot. ' 3) Minimum Number of Tests: 4. g. Tear Resistance I) 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. 1 3) Minimum Number of Tests: 4. h. Dimensioned Stability (Shrinkage) I) 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. LJ 3) Minimum Number of Tests: 4. 4. Reporting a. All results shall be logged into the batch file. Any testing that yields "out -of -spec" j 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. t_ 01448608 GEOMEMBRANE LINER 02245 - 8 06/09 t? i= i D. Finished Product: Laboratory Post -Production 1. Reporting a. All results shall be logged into the batch file. These results shall be the official properties for that batch. Any batch that fails any specification shall be placed on hold for further evaluation. PART 3 - EXECUTION 3.1 ANCHOR TRENCH The anchor trench shall be excavated as specified prior to liner system placement. 3.2 PLACEMENT A. The Installer shall be responsible for the following: l . 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 ofthe 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 1. Geomembrane deployment shall proceed between ambient temperatures of 32° F to 90' F. Below 40' F, preheat of the GML will be required. 2. Geomembrane placement shall not be done during any precipitation, in the presence of excessive moisture (e.g., fog, rain, dew, frost) or in the presence of excessive winds, as determined by the installation supervisor. C. Geomembrane Protection 1. Geomembrane will not be left exposed to weather for more than seven (7) consecutive calendar days. D. Factory Seam Quality Verifications 1. 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. 01448608 GEOMEMBRANE LINER 02245 - 9 06/09 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 fortesting 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 1. Approved equipment for field seaming are hot shoe fusion welders and extrusion welders. a. Hot Shoe Welder, 110 Volt, 10 Amps. b. Extrusion Welder, 220 Volt, 19 Amps. C. High-speed, 10,000 rpm, 42 inch side grinder with 80-grit discs. d. 7.5 KW Generator, single-phase with 110/220 Volt Outputs. e. 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. f. Seam Vacuum Tester for non-destructive seam and patch testing. g. Field Tensiometer, capable of performing seam and peel adhesion tests for quantitative testing on -site. C. Test Seams 1. Field test seams shall be conducted on geomembrane liner to verify that seaming conditions are satisfactory. Test seams shall be conducted for each seamer at the beginning of each seaming period, at the Engineer's discretion, and at least once each 4 hours, for each seaming apparatus used that day. 2. All test seams shall be made at a location selected by the Engineer in the area of the seaming and in contact with the subgrade. The test seam samples shall be 12-inches wide and 10 feet long for hot shoe welding and 4 feet long for extrusion welding with the seam centered lengthwise. Specimens I inch wide shall be cut from each opposite end of the test seam by the Engineer. The Engineer shall use a tensiometer provided by the Installer to test these specimens for shear and peel. If a test seam fails to meet field seam specifications, the seaming apparatus and/or reamer 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. 3. At the very least, the peel adhesion and bonded shear strength must be 62% and 95%, respectively, of the strength of the parent material, but no less than 78 ppi and 120 ppi, respectively. 01448608 GEOMEMBRANE LINER 02245 - 10 06/09 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: �m 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 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. Y 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. 01448608 GEOMEMBRANE LINER 02245 - 11 06/09 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 of 30 psi, close valve, and sustain pressure for approximately 5 minutes. 6) If loss of pressure exceeds 4 psi, or pressure does not stabilize, locate faulty area, repair and retest. 7) Remove needle or other approved pressure feed device and seal. E. Destructive Seam Testing The Installer shall provide the Engineer with a minimum of one destructive test sample per 500 feet of seam length from a location specified by the Engineer. The Installer shall not be - informed in advance of the sample location. 1. Sampling Procedure In order to obtain test results prior to completion of liner installation, samples shall be cut by the Installer as the seaming progresses. A destructive test must be done for each welding machine used for seaming or repairs. Sampling times and locations shall be determined by the Engineer. The Engineer must witness the obtainment of all field test samples and the Installer shall mark all samples with their location roll and seam number. The Installer shall also record in written form the date, time, location, roll seam number, ambient temperatures, and pass or fail description. A copy of the information must be attached to each sample portion. All holes in the geomembrane resulting from obtaining the seam samples shall be immediately repaired. All patches shall be vacuum tested. 2. Size and Disposition of Samples The samples shall be 12 inches wide by 48 inches long with the seam centered lengthwise. The sample shall be cut into two equal length pieces, and given to the Engineer. 3. Field Testing J 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 weldor by adhesion at the weldsheet interface is a i 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 i 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. 01448608 GEOMEMBRANE LINER 02245 - 12 06/09 ?l i .' C. The average value from all five seam samples from each peel and shear determination must meet the minimum specified value. The above criteria apply to both tracks from each dual -track fusion welded seam before it is considered as passing. ALL FAILED LAB TESTS WILL BE PAID FOR BY THE INSTALLER. - , 5. Archive Samples The Installer will package and ship the remaining samples to the Engineer for archival. The samples shall include information that indicates where the sample was taken. 6. Procedures for Destructive Test Failure The following procedures shall apply whenever a sample fails the field destructive test. a. The installer shall cap strip the seam between the failed location and any passed test location. b. The installer can retrace the welding path to an intermediate location (at a j 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. C. 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. d. 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. 01448608 GEOMEMBRANE LINER 02245 - 13 06/09 I. u i_ 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 J 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. �IDa 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. JA GEOMEMBRANE ACCEPTANCE A. 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 hies, 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. B. The geomembrane liner shall be accepted by the Owner when all of the following conditions are met: 1. Installation is finished. 1 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_t Engineer. 4. Documentation of completed installation, including all reports is complete. - 5. Acceptance of "Flexible Membrane Liner Evaluation Report" by the TCEQ. END OF SECTION 1 01448608 GEOMEMBRANE LINER 02245 - 14 -' 06/09 i SECTION 02665 PIPING, VALVES AND MISCELLANEOUS ITEMS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 WORK INCLUDED This section of the specifications covers all leachate discharge piping, valves, and fittings required for the project. The term piping as used herein shall include all piping, valves, fittings, and accessories as shown on the plans and/or as specified herein. 1.3 SUBMITTALS Submit all manufacturers' data for all pipes, valves and fittings including all pipe thickness class calculations. PART 2-PRODUCTS 2.1 PIPE A. HDPE Pipe: All buried leachate piping should be HDPE (PE 3408). 1. An approved pipe is Driscoplex 6400 by Performance Pipe, or approved equal. Pipe shall match IPS dimensions. 2. HDPE shall be DRI 1. 3. Minimum cell classification number of 3454646 per ASTM D3350-01. 4. Pipe shall be supplied in roll form (where possible) to minimize joints in the line. B. PVC Pipe: All exposed leachate piping should be Schedule 80 PVC. 1. PVC Schedule 80 pipe shall be manufactured from Type 1, Grade I Polyvinyl Chloride (PVC) compound with a cell classification of 12454 per ASTM D1785. 2. PVC pipe shall be marked with the manufacturer's name, nominal pipe size, material designation code and pressure rating. 3. Pipe shall match IPS dimensions. 2.2 PIPE FITTINGS General - Pipe fittings shall be of a type and design especially suitable for use with the type of piping with which they are installed. Pressure rating of fittings shall not be less than that of the pipe. A. Fittings HDPE and PVC fittings shall be sized to meet IPS requirements. HDPE fittings shall be Butt - fused where possible. Flanged fittings shall be used where shown on plans. PVC fittings shall 01448608 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 1 06/09 1w be solvent weld or flanged where shown on plans. Contractor is responsible for providing fittings for transition from valves, pumping units, etc. 2.3 PIPE INSULATION A. Acceptable product is TechLite 379 pipe insulation, or approved equal. B. Insulation shall be approved for outside use. 2.4 VALVES AND MISCELLANEOUS ITEMS A. Valves for Leachate System 1. General: All valves shall be designed for a working pressure of at least 150 psi unless otherwise noted. 2. PVC Ball Valves: a. Provide true union ball valves (Sch 80 PVC) where shown on plans. Ball valve shall be capable of servicing 150 psi at 73' F. b. Provide EPDM "O" rings. C. Valve shall have two-way blocking capability. d. Include flanged connections. e. Include Teflon seats. f. Acceptable manufacturer is ASAHUAmerica or approved equal. 3. Sewage Combination Air Valves. a. A.R.I. Combination Air Valve D-025,T,2 for sewage, or approved equal. b. Valve size is 2-inch. Valve shall be threaded. C. Material schedule as follows: I ) Body — stainless steel SAE 316. 2) Inner Parts — Stainless Steel SAE 316. PART 3 - EXECUTION 3.1 GENERAL All pipe and accessories shall be unloaded, handled, laid, jointed, tested for defects and for leakage and disinfected in the manner herein specified. 3.2 INSPECTION The pipe, fittings, valves and accessories shall be inspected upon delivery and during the progress of the work and any material found to be defective will be rejected by the Engineer, and the Contractor shall remove such defective material from the site of the work. 3.3 RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for all material furnished by him and he shall replace at his own expense all such material that is found to be defective in manufacture or has become damaged in handling after delivery. 01448608 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 2-3 06/09 _j r? i' i 3.4 HANDLING PIPE AND ACCESSORIES All pipe, fittings, valves, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the work by the Contractor. In loading and unloading, they shall be lifted by hoists or slid, or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skidways must not be skidded or rolled against pipe already on the ground. The pipe, fittings and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud and other foreign matter. 3.5 ALIGNMENT AND GRADE All pipe shall be laid and maintained to the lines shown on the plans or as established on the ground by the Engineer. Wherever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves, or where vertical or horizontal curves are shown or permitted, the degree of deflection at each joint shall not exceed the maximum deflection recommended by the manufacturer of the particular type of pipe being laid and the degree of deflection shall be approved by the Engineer. 3.6 MANNER OF HANDLING PIPE AND ACCESSORIES INTO TRENCH After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. All pipe, fittings, and valves shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner so as to prevent damage to the material in any way. Under no circumstances shall pipe or accessories be dropped or dumped in to the trench. 3.7 CLEANING AND INSPECTING Before lowering into the trench, the pipe shall be again inspected for defects and the pipe, while suspended, shall be lightly hammered to detect cracks. Any defective, damaged or unsound pipe and materials shall be rejected. All foreign matter or dirt shall be removed from the inside of the pipe and from all bells, spigots or parts of the pipe used in forming the joint, before the pipe is lowered into the trench, and it shall be kept clean by approved means during and after laying. At time when pipe laying is not in progress, the open ends of pipe shall be closed by approved means, and no trench water shall be allowed to enter the pipe. 3.8 LAYING AND JOINTING HDPE PIPE A. General - Unless otherwise directed, pipe shall be laid in a manner to minimize welds. Cutting of pipe for inserting valves, fittings or closure pieces shall be done in a neat and workmanlike manner. 01448608 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 3 .__, 06/09 The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight. At times when pipe laying is not in progress, the open ends of pipe shall be closed by approved means, and no trench water shall be permitted to enter the pipe. No pipe shall be laid in water, or when the trench conditions or weather are unsuitable for such work, except by permission of the Engineer. Flanged joints shall be used where shown on the plans. Welded joints shall be installed in accordance with the manufacturer's specifications. Defective welds shall be repaired as directed by the Engineer. B. "Snake" line in trench as recommended by manufacturer to allow for expansion and contraction in varying temperature. .3 SETTING VALVES, VALVE BOXES AND FITTINGS Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be set and jointed to the pipe in the manner heretofore specified for pipe installations. All valves buried in the ground shall have a valve box set over the valve. All valves shall be thoroughly inspected and checked for operation before installation. Concrete blocking shall be provided for all buried valves and fittings. Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of the valve, with box cover flush with the surface of the ground or at such level as directed and backfilled with gravel and densified native material as shown on the drawings. 3.10 EXCAVATION AND TRENCHING The trench shall be excavated to the lines and grades as established by the Engineer and as shown on the plans. The minimum depth of cover for all pipe shall be eighteen to twenty-four (18" - 24") inches unless otherwise specifically shown on the drawings. The trench shall be excavated to an even grade so that the bottom of the pipe will rest on the bottom of the trench over the entire length of pipe. In order to obtain a true even grade, the trench shall be fine graded by hand. Any part of the trench excavated below grade shall be corrected by filling with approved material and compacting thoroughly. If ledge rock, rock fragments or other unyielding material is encountered in the bottom of the trench it shall be removed to a depth of six inches below grade, refilled with selected material, and thoroughly compacted. Wherever necessary to prevent caving, the trench shall be adequately supported. The Contractor is entirely responsible for assuring that trenches are adequately supported to protect both his workmen and the public. 1` 01448608 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 4 06/09 �l s r4 i Trench digging machinery may be used to make the trench excavations except in places where operation of same would cause damages to pipelines, fences or other existing structures either above or below ground; in such instances hand methods shall be employed. The Contractor shall locate all existing underground lines of which he has been advised, whether or not they are shown on the 4 drawings, sufficiently in advance of trenching operations to prevent any damage thereto. The operators of all oil or gas pipelines shall be notified prior to excavation around such lines so that these operators may be present during excavation. Extensive care shall be used to prevent damage to these lines and i the Contractor shall be fully responsible for damage to any such line. All excavated material shall be piled in a manner that will not endanger the work or existing structures. Excess trench excavation, not used for backfilling, shall be disposed of by Contractor, by spreading in a thin layer on Owner's property adjacent to the trench. There will be no classification of the excavated materials and the term excavation shall include all materials encountered in excavating the trenches or structural excavations. All new and existing lines shall be properly supported to prevent settlement or damage to the line both during and after construction. 3.11 BACKFILLING A. Backfill Material - All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks or stones, or other unsuitable material. Selected materials from trench excavations shall be used for backfilling except where special bedding material is required. B. Backfilling Under Pipe - All pipe shall be backfilled by hand from the bottom of the trench to the centerline of the pipe with selected backfill material free from rocks or boulders greater than 2 inches in size or other unsuitable material. The material shall be placed in 3-inch layers, moistened if necessary, and thoroughly compacted under and on each side of the pipe. Backfill material shall be deposited in the trench for its full width on each side of the pipe, fitting, and appurtenances simultaneously. C. Backfilling Over Pipe - From the centerline of the pipe to a depth of I foot above the top of the pipe, the trench shall be backfilled by hand or by approved mechanical methods using materials free from rocks or boulders greater than 2 inches in size. The material shall be moistened and placed in lifts not exceeding 6-inches in thickness and compacted by tamping to a density of not less than 85% of maximum density at optimum moisture as determined by ASTM D698. The Contractor shall use special care in placing this portion ofthe backfill to insure placement under and around the pipe and to avoid injuring or moving the pipe. D. Backfilling to Grade - From I foot above the top of the pipe to finish grade shall be backfilled by tamping. Where tamping is required, the material shall be placed in 6-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 85% of maximum density at optimum moisture as determined by ASTM D698. 3.12 LINE TESTING (LEACHATE DISCHARGE PIPING) After the pipe is laid and the joints completed, each section or run of piping shall be tested as specified herein. The Contractor shall bear all costs of providing all equipment, materials, labor and other 01448608 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 5 06/09 t 1 incidentals required to test pipe lines as specified herein. The Contractor shall provide suitable means for filling the lines and developing the required pressure in the lines. Testing procedure shall be as follows: A. Duration - The duration of the hydrostatic test shall be a minimum of four (4) hours. B. Pressure - The pipeline shall be tested so that the pressure at the lowest point in the test section is at least 100%, but not greater than 120% of the pipe pressure class of the pipe, and the minimum pressure at the highest point in the test section is not less than 85% of the pipe pressure class of the pipe. 1. HDPE Pipe a. Allow heat fusion joints to cure before pressure testing. b. Test medium shall beat the same temperature as the pipe. C. Test pressure in line shall be from I to I1/2 the design operating pressure at the lowest point in the system. d. Test shall be performed start to finish in 8 hours max. e. Completely fill the test section with water and bleed off trapped air. f. During the expansion phase, pressurize to test pressure and add water during each of the first 3 hours to return to the test pressure. g. Now reduce the pressure by 10 psi and conduct a one, two, or three hour test period and record the leakage. h. For a 4-inch or smaller line, the following leakage amounts are allowed. 1) 1 — hour testing .13 gal/I00 ft of pipe. 2) 2 — hour testing .25 gal/100 ft of pipe. 3) 3 — hour testing .40 gal/100 ft of pipe. i. The Contractor shall coordinate this testing procedure with the manufacturer of the pipe used in the project. END OF SECTION 01448608 PIPING, VALVES AND MISCELLANEOUS ITEMS 02665 - 6' 06/09 (_ J, SECTION 03300 CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Provisions including General Conditions, Supplementary General Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SCOPE This section of the specifications covers all of the work required for constructing the leachate evaporation pond bottom, pipe discharge and access drive, force main channel crossing, and force main access road crossing. Concrete for this project shall conform to the requirements of this section. The Contractor shall furnish all materials, equipment, tools, labor, superintendence, and incidentals necessary to perform the work in accordance with the drawings and these specifications. 1.3 REFERENCES The latest editions of the following specifications and references govern work of this section and constitute minimum requirements. Where specific requirements in this section of the Specifications are more stringent, they shall supersede the corresponding requirements of these Referenced Specifications. AMERICAN CONCRETE INSTITUTE (ACI) ACI 301 Specifications for Structural Concrete Buildings ACI 301 Manual of Standard Practice for Detailing Reinforced Concrete Structures ACI 318 Building Code Requirements for Reinforced Concrete ACI 347 Recommended Practice for Concrete Formwork ACI 613 Recommended Practice for Concrete Formwork ACI 614 Recommended, Practice for Measuring, Mixing, and Placing Concrete ACI Comm. Selection and Use of Aggregates for Concrete 621 SP-7 ACI Manual of Concrete Inspection ACI 305R Hot Weather Concreting AMERICAN SOCIETY FOR TESTING MATERIALS (ASTM) ASTM A-82 Cold Drawn Steel Wire for Concrete Reinforcement ASTM A-615 Deformed and Plain Billet -Steel Bars for Concrete Reinforcement ASTM A-616 Rail -Steel Deformed and Plain Bars for Concrete Reinforcement ASTM A-706 Low -Alloy Steel Deformed Bars for Concrete Reinforcement ASTM C-31 Making & Curing Concrete Compression and Flexure Test Specimens in the Field. ASTM C-33 Concrete Aggregates 01448608 CAST -IN -PLACE CONCRETE 03300 - 1 06/09 ASTM C-39 Compressive Strength of Molded Concrete Cylinders ASTM C-40 Organic Impurities In Fine Aggregates for Concrete ASTM C-42 Standard Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete. ASTM C-94 Standard Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete ASTM C-136 Standard Method of Test for Sieve or Screen Analysis of Fine and CoarseAggregate ASTM C-138 Standard Method of Test for Weight per Cubic Foot, Yield and Air Content (Gravimetric) of Concrete ASTM C-143 Standard Method of Test for Slump of Portland Cement Concrete ASTM C-150 Standard Specification for Portland Cement ASTM C-171 Sheet Material for Concrete Curing ASTM C-172 Standard Method of Sampling Fresh Concrete ASTM C-173 Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C-192 Standard Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Laboratory ASTM C-231 Standard Method of Test for Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C-260 Air -Entraining Admixture for Concrete ASTM C-309 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C-494 Chemical Admixtures for Concrete ASTM C-618 Fly Ash and Raw od Calcined Natural Pozzolan for use as a Mineral Admixture in Portland Cement Concrete PORTLAND CEMENT ASSOCIATION (PCA) Design and Control for Concrete Mixtures AMERICAN WELDING SOCIETY (AWS) AWS D12.1 Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction U.S. ARMY CORPS OF ENGINEERS CRD C-572 Specification of Water Stops TEXAS DEPARTMENT OF TRANSPORTATION Standard Specifications for Construction of Highways, Streets and Bridges LATEST EDITION OF EACH OF THE ABOVE GOVERNING STANDARDS SHALL APPLY 1.4 RELATED SECTIONS Excavation or filling for concrete structures and other miscellaneous concrete work shall conform to the lines and grades as shown on the plans or as established in the field and shall be as specified in Section 02222 - Excavating, Backfilling and Compacting for Pavement and Liner Material. 01448608 CAST -IN -PLACE CONCRETE 03300 - 2 06/09 1.5 SUBMITTALS A. Product Data: For each type of manufactured material and product indicated. 1. Fiber reinforcement. 2. Admixtures 3. Curing materials. B. Design Mixes: For each concrete mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. Submitted compressive test results must be less than 6 months old. l . Indicate amounts of mix water to be withheld for later addition at Project site. 1.6 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete Work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. C. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to ASTM E 548. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-I or an equivalent certification program. PART 2 - PRODUCTS 2.1 CEMENT Portland cement shall conform to the latest revisions of A.S.T.M. Designation C-150, Type II, and shall be of an approved brand. Only one brand of cement will be permitted in any one structure. Plant tests and certificates of conformity with the specification shall be furnished with each carload of cement. 2.2 FINE AGGREGATE Fine aggregate shall consist of hard, strong, durable and uncoated particles of natural sand, washed and screened. The aggregate shall be free from injurious amounts of clay, soft or flaky materials, loam or organic impurities and the grading shall conform to the following: 01448608 06/09 Percenta a Passing Square Openings No.4 No.16 No.50 No.100 No.200 95-100 45-70 15-30 3-8 0-3 CAST -IN -PLACE CONCRETE 03300 - 3 2.3 2.4 2.5 2.6 Fineness modulus shall not vary more than plus or minus 0.20 from that of approved sample, which shall be between 2.20 and 2.90. COARSE AGGREGATE Coarse aggregate shall consist of hard, tough, durable and uncoated particles of washed and screened gravel or crushed stone. It shall be free of vegetation, soft, friable, thin, or elongated particles. Maximum size of coarse aggregate shall be governed by the conditions of placement of the concrete and shall not be greater than 3/4 of the distance between reinforcing bars. In no case shall the maximum size be greater than 2 inches. All aggregates shall be approved before use. WATER Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts, or other chemicals. FORMS The forms shall be of wood or metal and shall be of sufficient strength to support the concrete without bulging between supports and sufficiently water tight to hold the concrete mortar. The forms shall be constructed such that the finished concrete shall be of the form and dimensions shown on the plans. All form work for exposed surfaces shall be of such material and so constructed as to produce a smooth, even surface when the concrete is placed. All forms shall be oiled before use. In general, wall forms may be removed after the concrete has been in place for 24 hours. All exposed edges shall have a 3/4-inch chamfer whether or not shown on the details. Immediately upon removal of the forms, any honeycombed sections shall be repaired as directed. CONCRETE MIX Class "A" concrete shall contain not less than 5.5 sacks of cement per cubic yard. No more water shall be used than is required to produce a workable mix and in no case will the water content exceed 5.0 gallons per sack of cement. The proportioning of the constituents of the concrete shall be such as to produce a dense, and workable mixture, and the mix shall be approved before any concrete is placed. The minimum 28 day compressive strength for Class A concrete shall be 4000 psi. Pipe embedment concrete shall contain not less than 4 sacks of cement per cubic yard. No more f water than 8 gallons of water per sack of cement shall be used. The proportioning of the constituents of the concrete shall be such as to produce a dense and workable mixture, and the L` mix shall be approved before any concrete is placed. t� Cement Stabilized Backfill for backfill stabilization shall contain a minimum 2 sacks of cement per cubic yard. No more water than 10 gallons per sack of cement shall be used. i_ 01448608 CAST -IN -PLACE CONCRETE 03300 - 4- 06/09 , , 2.7 EXPANSION JOINTS Where pre -molded expansion joint material is shown on the plans such material shall be'h inch or 3/4 —inch Bituminous type preformed joint filler, AASHTO M-33 as shown on the drawings. Contractor shall submit on proposed expansion joint material and submit documentation that certifies it meets AASHTO M-33 requirements. PART 3 - EXECUTION 3.1 MIXING All aggregates shall be accurately weighed or measured by volume. The concrete shall be mixed in an approved batch mixer equipped with an accurate water measuring tank, and shall be mixed for one and one half minutes after all materials are in the mixer. "Ready Mixed" or "Transit Mix" concrete may be used. If used, it shall conform to these specifications and the "Standard Specifications for Ready Mixed Concrete", A.S.T.M. Serial Designation C 94. Each mixer and agitator shall have attached thereto in a prominent place, a metal plate or plates on which are plainly marked, for the various uses for which the equipment is designed, the capacity of the drum or container in terms of the volume of mixed concrete and the speed of rotation of the mixing drum, blades or paddles. Stationary mixers shall be equipped with an acceptable timing gevice that will not permit the batch to be dispatched until the specified mixing time is elapsed. Truck mixers, shall be equipped with means by which the number of revolutions of the drum blades, or paddles may be readily verified. The mixer, when loaded to capacity, shall be capable of combining the ingredients of the concrete within the specified time into a thoroughly mixed and uniform mass and of discharging the concrete with a satisfactorily degree of uniformity. No mixer or agititator shall be used if the results of slump tests of individual samples taken at approximately the one quarter, and the three quarter points of the placement differ by more than 2-inches. Mixers and agitators shall be inspected frequently for changes in condition due to accumulations of hardened concrete or mortar, or to wear of blades. Truck mixers shall have adequate water supply and metering devices. No water can be added to the concrete after the initial mixing without the permission of the Engineer. After mixing, the concrete shall be transported to the forms in a manner which will prevent separation or segregation of the aggregates and shall be placed without undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. As the concrete is placed, it shall be vibrated by means of a vibrator of the type which is submerged in the concrete. Mixing at mixing speed shall begin immediately after all ingredients are in the mixer. For complete mixing in the truck each batch shall be mixed not less than 70 or more revolutions of the drum. For partial mixing in the truck each batch shall be mixed not less than 50 nor more than 100 revolutions of the drum. Mixing speed shall be as designated by the manufacturer. All revolutions after the prescribed mixing time shall be at agitating speed. The agitating speed shall be not less than one nor more than four revolutions per minute. The drum shall be kept in continuous motion from the time mixing is started until the discharge is completed. 01448608 CAST -IN -PLACE CONCRETE 03300 - 5 06/09 r� 3.2 3.3 The maximum time interval between the introduction of the mixing water to the cement and aggregates, and the placing of the concrete in the forms shall not exceed the following: AIR OR CONCRETE TEMPERATURE MAXIMUM TIME (Whichever is Higher) 90 degrees F. or above (Air Only) 45 minutes 75 degrees F. to 89 degrees F. 60 minutes 35 degrees F. to 74 degrees F. 90 minutes Concrete shall not be placed when the ambient temperature is less than 40 degrees Fahrenheit and falling, but may be placed if the temperature is 40 degrees fahrenheit and rising. Concrete shall not be placed when the temperature will drop below 35 degree fahrenheit within 24 hours after placement as projected by the National Weather Service unless properly protected. The temperature of the concrete at the time of placement in the forms shall not be less than 50 degrees Fahrenheit nor more than 90 degrees Fahrenheit. When placing concrete in freezing weather, means shall be provided for keeping the concrete at a temperature of at least 501 F for not less than 72 hours after placing or until the concrete has thoroughly hardened. Concrete shall not be placed when weather conditions are unsuitable for such work. TRANSPORTING Concrete shall be handled from the mixer to the place of final deposit in a manner that will prevent segregation and when practicable, shall be deposited in its final position without rehandling or flowing. All equipment used in transporting concrete shall be maintained in a clean condition. Concrete shall not be delivered from hoists, by spout, by trough, or dumped into carts with a free fall of more than 4 feet. Every precaution shall be taken to prevent separation or loss of ingredients while transporting the concrete. Runways for carts or buggies shall not bear upon the reinforcing or fresh concrete. Pumping and conveying of concrete shall be done only after approval by the Engineer and with equipment that will insure a continuous flow without segregation. PLACING Concrete shall not be placed until all reinforcement is securely and properly fastened in its correct position. Form ties shall be checked and re -tightened where necessary. Forms and reinforcement shall be inspected and approved by the Engineer prior before beginning placement of concrete. All embedded items shall be in place and clean -out openings closed before such inspection. A procedure for inspection of forms reinforcing, inserts, etc., prior to all concrete placement will be instituted and coordinated by the Engineer. At least 24 hours prior to concrete placement the Contractor shall submit an inspection sheet to the Engineer. The inspection sheet, to be developed shall show the location and quantity of concrete to be placed, the time and date schedule for placement and shall be signed by the Contractor's representative. Signing of this sheet will certify that all of the items necessary have been inspected, and that the area is ready for final review by the Engineer. If the Engineer determines that the corrections are excessive, the placement should be rescheduled and the Engineer notified 12 hours before scheduled placement after the corrections are made. A representative of the Engineer will be on the job during the placement of concrete and concrete shall not be placed unless the Engineer or his representative is present. 01448608 CAST -IN -PLACE CONCRETE 03300 - 6 06/09 i3 ? S � i.� i Concrete shall be placed in a manner that will prevent segregation, thoroughly embed all reinforcement and fixtures, fill all angles in the forms and prevent formation of aggregate pockets or honeycomb. Placement in walls columns or other deep forms shall be done through openings in the forms, spaced at frequent intervals, or through tremies so that the free fall shall not exceed 4 feet. Points of depositing the concrete shall be spaced so that the concrete surfaces can be kept level without using vibrators or other equipment to cause it to flow into place. Concrete shall be placed with the aid of approved mechanical vibrating equipment. Vibration shall be applied to the concrete and shall be of sufficient intensity and duration to cause flow or settlement of the concrete, thoroughly compacting, and complete embedment of reinforcement and fixtures. Supplemental forking and spading by hand may be required to secure dense uniform surfaces and complete filling of corners and angles. Excessive spading or vibrating causing undue water gain or segregation will not be permitted. If moderate working causes excessive water gain the mix shall be adjusted. Excess water shall be removed when it appears. When concrete in floors or slabs are deposited on the ground, the subgrade shall be thoroughly compacted and moistened before placement. A grill tamp shall be used on floor slabs. Completed sections shall conform to the details on the contract drawings and the concrete shall be dense, uniform and free of aggregate pockets or honeycomb. Concrete in vertical walls shall be placed in continuous horizontal layers approximately 18 inches in depth. Not more than one hour shall elapse between the placing of successive layers of concrete in any portion of a structure included in a continuous placement. The contractor shall adhere to the requirements ACI 306 and ACI 605 for cold and hot weather concreting respectively. Concrete shall generally not be placed during high winds with blowing dust that will contaminate the surface and cause entrapment of sand and dust particles in the finished surfaces. 3.4 SLUMP The slump of all concrete shall be between 3 and 6 inches with the condition of placement governing the slump to be used. In all cases the Engineer shall specify the slump to be used prior to placement. When a 3 inch slump is specified, the allowable tolerance shall be 1/2 inch. When the specified tolerance is greater than 3 inches the tolerance shall be 1 inch. In general flat work will require a slump of approximately 3" and concrete for vertical members, i.e. walls columns, etc. shall be 5 inches. Slump for concrete to be added to CMU units shall be 6 inches. 3.5 WEATHER Mixed concrete from plant shall be transported in truck mixers. The elapsed time from the addition of cementitious material to the mix until the concrete is deposited in place at the work site shall not exceed 90 minutes when the concrete is hauled in truck mixers. Re -tempering concrete by adding water or by other means will not be permitted. With transit mixers additional water may be added to the batch materials and additional mixing performed to increase the slump to meet the specified requirements provided the addition of water is performed within 45 minutes after the initial mixing operations and provided the water/cementitious ratio specified in the approved mix design is not exceeded and approved by the Engineer 01448608 CAST -IN -PLACE CONCRETE 03300 - 7 06/09 �_ z i No concrete shall be mixed, placed or finished when the natural light is insufficient, unless an adequate and approved artificial lighting system is operated. A. Cold Weather Unless authorized in writing by the Engineer; mixing and concreting operations shall be discontinued when a descending air temperature in the shade and away from artificial heat reaches 40 degrees Fahrenheit and shall not be resumed until an ascending air temperature in the shade and away from artificial heat reaches 35 degrees Fahrenheit. , The aggregate shall be free of ice, snow and frozen lumps before entering the mixer. The temperature of the mixed concrete shall not be less than 50 degrees Fahrenheit at the time of placement. Concrete shall not be placed on frozen material nor shall frozen aggregates be used in the concrete. When concreting is authorized during cold weather, water and/or the aggregates may be heated to not more than 150 degrees Fahrenheit. The apparatus used shall heat the mass uniformly and shall be arranged to preclude the possible occurrence of overheated areas which might be detrimental to the materials. B. Hot Weather During periods when the maximum daily air temperature exceeds 90 degrees Fahrenheit, the Contractor shall perform all concrete placement during the night time hours unless temperature controls are implemented and approved by the Engineer. During the periods of hot weather when the maximum daily air temperature exceeds 85 degrees Fahrenheit the following precautions shall be taken. 1. The forms and/or the underlying surface shall be sprinkled with water immediately - before placing the concrete. The concrete shall be placed at the coolest temperature practicable and in no case shall the temperature of the concrete when placed exceed 90 degrees Fahrenheit. The aggregates and/or mixing water shall be cooled as necessary to maintain the concrete temperature at or not more than the specified maximum. If concrete temperature exceeds 95 degrees Fahrenheit as measured in accordance with ASTM C 1064, it shall be rejected. 2. The finished surfaces of the newly laid concrete surface shall be kept damp by applying a water -fog or mist with approved spraying equipment until the concrete surface is covered by the curing medium. If necessary wind screens shall be provided to protect the concrete from an evaporation rate in excess of 0.2 pounds per square feet per hour as determined in accordance with Figure 2.1.5 in ACI 305R, Hot Weather Concreting, which takes into consideration relative humidity, wind velocity, and air temperature. When conditions are such that problems with plastic cracking can be expected and particularly if any plastic cracking begins to occur, the Contractor shall immediately take such additional measures as necessary to protect the concrete surface. Such measures shall consist of wind screens, more effective fogsprays and similar measures commencing immediate) behind the g Y concrete placement. If these measures are not effective in preventing plastic t-$ cracking concreting operations shall be immediately stopped. 3. The Contractor shall submit a Hot Weather Concrete Construction Plan and have it reviewed by the Engineer 30 calendar days prior to concrete placements when the ambient temperature exceeds 85 degrees Fahrenheit. This plan shall conform to ACI 305R and other requirements specified herein and shall include, but not be limited 1_ to the demonstration of how the concrete temperature during batching and mixing will be kept below 90 degrees Fahrenheit, how the concrete will be protected from ; 01448608 CAST -IN -PLACE CONCRETE 03300 - 8 06/09 t F the rapid evaporation of surface moisture, the proper use of water reducers with re - dosing charts and procedures, and curing procedures. 4. Concrete placement shall be limited to night time hours when the average daily air temperature is or is forecasted to exceed 90 degrees Fahrenheit. 5. Prior to the start of concreting operation for each day of placement, the Contractor shall provide the Engineer with a Temperature Management Program for the concrete to be placed to assure that uncontrolled cracking is avoided. As a minimum the program shall address the following items: a. Anticipated tensile strains in the fresh concrete as related to heating and cooling of the concrete material. b. Anticipated weather conditions such as ambient temperatures, wind velocity and relative humidity. C. Anticipated timing of initial sawing of joints, when specified. C. Documentation of Weather Data The Contractor shall provide a continuous and accurate record of air temperature, relative humidity, concrete temperature and wind velocity at the project site with a portable weather station, adjacent to the concrete work area (s). The data shall be collected and documented by the Contractor continuously for the full duration of the project. The Contractor's quality control staff shall document the weather data in the daily Quality Control Reports and use and implement the data to eliminate the potential for plastic cracking of concrete by estimating the evaporation rate from Figure 305R. D. Protection of Concrete from Plastic Cracking The finished surfaces of the newly laid concrete shall be kept damp by applying a water - fog or mist with approved spraying equipment until the concrete is finished and is covered by the curing medium. When the evaporation rate is less than 0.2 pounds per square foot per hour, one (1) coat of liquid concrete curing compound shall be applied at a minimum rate of one hundred (150) square feet per gallon. When the evaporation rate is from 0.2 to 0.4 pounds per square foot per hour, one (1) coat of liquid concrete curing compound shall be applied, at a minimum rate of one hundred (100) pounds per square feet per gallon. When the evaporation rate is greater than 0.4 but less than 0.6 pounds per square foot per hour, two (2) coats of liquid concrete curing compound shall be applied each coat at one hundred (100) square feet per gallon. When the evaporation rate is 0.6 pounds per square foot per hour, concreting operations shall be terminated or not be initiated. The evaporation rates shall be determined in accordance with Figure 305R which takes into consideration relative humidity, wind velocity and air temperature. The forms and/or the underlying surface shall be sprinkled with water immediately before placing the concrete. The concrete shall be placed at the coolest temperature practicable and in no case shall the -temperature of the concrete when placed exceed ninety (90) degrees Fahrenheit. The aggregates and/or mixing water shall be cooled as necessary to maintain the concrete temperature at or not more than the specified maximum. Chilled water shall be used to ensure the concrete temperature is below ninety (90) degrees Fahrenheit. When conditions are such that problems with plastic cracking can be expected and particularly if any plastic cracking begins to occur, the Contractor shall immediately take such additional measures as necessary to protect the concrete surface. Such measures shall consist of the requirements as shown in Table 3. If these measures are not effective in preventing plastic cracking, concreting operations shall be immediately stopped, and all 01448608 CAST -IN -PLACE CONCRETE 03300 - 9 t_ 06/09 L Portland cement concrete that is cracked, shall be removed and replaced by the Contractor at no additional cost to the City of Lubbock. Based on the results of the Contractor's Quality control data, as collected and documented from the portable weather station, the following criteria shall apply: TABLE 3 — Curing Compound Requirements for Concrete Evaporation Rate Minimum Curing Requirements Pounds per Square Foot Per Hour) Less than 0.20 One (1) coat membrane, each at 150 square feet per gallon 0.20 to 0.40 One (1) coat membrane, each at 100 square feet per gallon 0.40 to 0.60 Two (2) coats membrane, each at 100 square feet per gallon Greater than 0.60 Paving operations shall be terminated or not be initiated if conditions are anticipated or measured. E. Continuous Documentation of Weather Data The Contractor shall suspend concrete placement when the evaporation rate is greater than 0.60 pounds per square foot per hour, as determined from the Contractor's portable weather station data and from Figure 305R. The Contractor shall provide a continuous and accurate record of air temperature, relative humidity, concrete temperature and wind velocity at the project site and adjacent to the Work Area with a portable weather station. The Contractor's Quality Control staff shall use and record the data obtained from the portable weather station and include this data in the Quality Control daily testing and inspection report. The Quality Control testing and inspection report shall be submitted to the Engineer daily. Weather data shall be collected every day during construction, regardless if concrete is proposed to be placed. The portable weather station may be from the following manufactures: TAMS Weather Station Portable Zeno Weather Qualimetrics, Inc. Coastal Environmental Systems 820 First Avenue South 1165 National Drive Seattle, WA 98134-1202 Sacramento, CA 95834 Phone: (800) 488-8291 Phone (916) 928-1000 www.gualimetrics.com 3.6 FINISHING A. Exposed Vertical Surfaces Such surfaces shall have all tie rod holes filled, fins and rough edges removed and all defects removed or patched. Following this the surfaces shall be rubbed with carborundum stones and clean, clear water until a smooth surface, uniform in color and texture has been obtained. This finishing shall be done as soon as is practical after removal of forms. 01448608 06/09 CAST -IN -PLACE CONCRETE 03300 - 10 f B. Unexposed Vertical SURFACES Such surfaces shall be finished as specified for exposed vertical surfaces except that no rubbing will be required. C. Access Ramps Access ramps and driveable surface on spillways shall be troweled, after floating, and then lightly brushed to provide a "non-skid" surface. 3.7 EMBEDDED ITEMS All bolts, pipe, pipe sleeves, inserts or other fixtures required by the plans or these specifications to be embedded in the concrete, shall be set accurately in place and maintained in such positions during concreting operations. 3.8 TESTS Test certificates for cement shall be furnished as specified in Item 4.1 above. The Contractor shall furnish results of tests made by a competent commercial laboratory on each material source he proposed to use before start of construction and material shall not be shipped until such results have been examined by the Engineer and the source of material approved. Laboratory mix designs and conformation cylinders will not be required for this project. However, the proposed mix for each class of concrete shall be submitted to the Engineer for approval prior to placine any concrete. The cost of all pre -construction tests shall be borne by the Contractor. Additional test certificates shall be furnished on the aggregate if the material source is changed. Seven day and twenty-eight day compressive tests shall be conducted on all cylinders. A set of 4 cylinders shall be taken for each placement of fifty cubic yards, or portion thereof. 3.9 REINFORCING A. Bar Reinforcing Except where plain bars are specifically shown on the plans, all bar reinforcing shall be deformed bars. The deformed bar reinforcing shall conform to the requirements of ASTM A-615 Grade 60. Plain steel bars including 1/4 inch diameter bars shall conform to the requirements of ASTM A-307, grade 60. Weldable reinforcing bars shall conform to ASTM-A-706. B. Welded Wire Fabric Welded wire fabric shall be as designated on the drawings and shall conform to the requirements of the Texas State Department of Transportation "Standard Specifications for Construction of Highways, Streets and Bridges" Item 440.2 Materials. C. Storing Reinforcing Reinforcing stored at the site shall be protected from accumulation of grease, mud, or other foreign matter and from rust producing conditions. Bars shall be free from loose flaky rust, scale, oil, mud or structural defects when incorporated in the structures. D. Fabrication and Placing Reinforcement shall be accurately fabricated to the dimensions and shapes shown on the plans in accordance with the ACI Manual of Standard Practice unless variations are specifically shown on the plans. 01448608 CAST -IN -PLACE CONCRETE 03300 - 11 06/09 I Reinforcement shall be accurately placed and adequately supported by concrete, metal or other approved chairs, spacers, or ties and shall be secured against displacement. Reinforcement shall be placed in specified positions within the following tolerances: Depth in structural slabs, flexural members, walls and columns: + 1/4 inch. Longitudinal location of bends and ends of bars: + 2 inches except that the required concrete cover at ends of members shall not be reduced. Unless noted otherwise on the Contract Drawings, the concrete cover for reinforcing shall be in accordance with the requirements of the ACI Building Code Requirements for Reinforced Concrete (ACI 318). Splices shall be made as shown on the Contract Drawings by lapping the bars the required amount and securely wiring them together. Where details of splices are not shown or where unanticipated splices are required, they shall be made in a location approved by the Engineer and the length of lap shall be as required by the ACI Building Code Requirements for Reinforced Concrete (ACI 318). Reinforcing bars partially embedded in concrete shall not be field bent, except as indicated on the Contract Documents or permitted by the Engineer. Torch cutting of reinforcing bars will not be allowed. Mats of wire fabric shall overlap each other sufficiently to maintain a uniform strength and shall be fastened securely at the ends and edges. 3.10 JOINTS Construction and expansion joints shall be constructed at the locations and in accordance with the details shown on the drawings. If it becomes necessary to stop placement of concrete between joints, or if the Contractor desires for his own convenience to construct joints other than those shown, such joints shall be made only at locations approved by the Engineer and all such joints shall be constructed in accordance with the plans and specifications. All horizontal joints shown on the plans shall be made truly horizontal and chamfered. Vertical joints shall be truly vertical. f Before concreting operations are resumed at any construction joint, or wherever fresh concrete is to be bonded to hardened concrete, the surface of the hardened concrete shall be cut or chipped to remove laitance and expose aggregate. The surface of the concrete shall be thoroughly cleaned, saturated, then sloshed with a coating of neat cement grout against which the fresh concrete shall be placed before the grout has attained initial set. Care shall be taken to insure that the first layer of new concrete contains sufficient mortar for adequate bond. All joints shall be constructe4d in a workman like manner with joints truly vertical or horizontal, as required, and at right angles to the axis of the member in which the joint occurs. Expansion I joint material shall be accurately positioned and nailed onto existing concrete to the lines and dimensions shown on the drawings so that the expansion joint material is accurately held in place during placement of new concrete. , 01448608 CAST -IN -PLACE CONCRETE 03300 - 12 Li 06/09 1...4 3 i 3.11 CURING AND PROTECTING All concrete shall be cured by applying a liquid membrane coating to all exposed surfaces, provided the materials and method of application are first approved by the Engineer. See Part 8. The coating shall conform to A.S.T.M. Designation C-309. Care shall be taken to prevent mechanical injury to concrete work during the curing period and until the work is accepted. Any work damaged prior to acceptance shall be repaired to the satisfaction of the Engineer. All concrete work shall be protected until such time as it has set up sufficiently to prevent damage by vandals. Suitable means shall be provided to prevent concrete from freezing for not less than 72 hours after placing. Any concrete damaged by freezing shall be removed and replaced by the Contractor at his expense. The addition of any admixture of chemicals to the concrete to prevent freezing shall not be allowed, unless specifically approved by the Engineer. 3.12 DEFECTIVE WORK Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions are deficient, or if any section is not constructed to the proper grade, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 3.13 FORMWORK REMOVAL Forms may be removed only upon approval by the ENGINEER. In general, removal of wall forms within 24-hours. Adequate re -shoring shall be placed when forms are removed and backfilling is begun, and shall remain in place until the design 28 day compressive strength is attained. The attained strength shall be determined from standard test cylinders molded, cured and broken in accordance with ASTM C31. The strength of the concrete shall be assumed to be the average strength of the two cylinders tested. If the Contractor wishes to determine the strength of the concrete prior to the 28 day tests, the Contractor shall bear the cost as well as the responsibility of obtaining additional cylinders as well as the tests. It shall be the responsibility of the Contractor, in all form removal, to prevent damage or marring of the concrete surfaces. 3.14 BACKFILLING Backfill behind and adjacent to all concrete work shall be made from good quality topsoil. This material shall be free from organic material such as leaves, grass, roots and other unsuitable materials and free of rocks or stones. The Contractor shall provide a smooth, even slope between the existing ground and the top of curb or other concrete structure. Care shall be taken during the backfill and cleanup process not to scrape, chip, crack or otherwise damage the concrete including tire marks from equipment or trucks. Any damaged concrete will be removed and replaced at the expense of the Contractor. 01448608 CAST -IN -PLACE CONCRETE 03300 - 13 06/09 1'. 3.15 PAYMENT Payment will be made for all work covered in this section at the contract unit price per unit or will be included in the lump sum price per job for items, as shown on the proposal. Such payments shall be complete compensation for the complete performance of the work in accordance with the drawings and the provisions of these specifications. END OF SECTION 01448608 CAST -IN -PLACE CONCRETE 03300 - 14 06/09